• Update: Los Angeles "Ban-the-Box" Legislation
  • June 6, 2017 | Authors: Paul J. Coady; Leila Narvid
  • Law Firms: Payne & Fears LLP - Los Angeles Office ; Payne & Fears LLP - San Francisco Office
  • In January, we issued an Employment Alert regarding Los Angeles's new "Ban-the-Box" law, known as the Los Angeles Fair Chance Initiative for Hiring, which went into effect on January 22, 2017. The law restricts inquiry into the criminal background of applicants until after a conditional offer of employment is made.

    An employer seeking to disqualify an applicant based on criminal history must follow specific procedures. These include a written assessment showing a link between specific aspects of the applicant's criminal history with risks inherent in the duties of the employment position applied for, as well as a written "reassessment" if an applicant presents information or documentation for an employer to consider. Failure to comply may subject an employer to administrative remedies and a civil action. The law also contains notice and posting requirements. 

    Guidance, Forms and Notices:

    The Los Angeles Bureau of Contract Administration recently published guidance, forms and notices relating to the new law, including:

    • Fair Chance Initiative for Hiring Overview
    • Fair Chance Initiative for Hiring Overview
    • Notice to Applicants and Employees for City Contractors
    • Notice to Applicants and Employees for Private Employers
    • Notice to Rescind Employment Offer Sample Letter
    • Individual Assessment and Reassessment Form
    • Fair Chance Initiative for Hiring Complaint Form (English)
    • Fair Chance Initiative for Hiring Complaint Form (Spanish)