Employers in the city of Los Angeles will soon see new restrictions on questions about job applicants’ criminal history during the hiring process. Mayor Eric Garcetti has signed Assembly Bill 218, known as the Los Angeles Fair Chance Initiative for Hiring, which will limit employers’ consideration of job applicants’ criminal histories. The bill goes into effect on January 22, 2017.
The new law states city contractors and private employers located in Los Angeles with at least 10 employees are prohibited from asking about an applicant’s criminal history until a conditional offer of employment has been made. This includes prohibiting questions on an initial employment application regarding criminal history as well as questions during an in-person interview. Employers also have posting requirements to inform applicants about the ordinance.
The only exemptions from these requirements will be employers required by law to obtain conviction information, if the position requires the applicant to carry a firearm, or if other laws prohibit applicants with criminal histories from holding the position.
In addition, when reviewing an applicant's criminal history, employers cannot take any adverse action unless they complete and provide the applicant with a written assessment of the applicant's criminal history that specifically link aspects of the person’s criminal history with risks involved in the duties of the employment position.
The employer is also required to give the applicant five days to submit information refuting the findings of the background check, and must provide the applicant with written notice of the adverse action as well. Employers also must keep records of such adverse action assessments for three years from the date of the initial application.
