The Los Angeles County Fair Chance Ordinance for Employers (FCOE), which took effect on September 3, 2024, imposes several new compliance requirements regarding the consideration of criminal history in employment decisions. While some of its requirements mirror those under California State law, many of the FCOE’s requirements take things a step further.
In 2016, Los Angeles enacted the Los Angeles Fair Chance Initiative for Hiring Ordinance (FCIHO) to regulate the use of criminal background checks in employment for work performed within the city. Soon after, California enacted the Fair Chance Act (FCA) in 2018, imposing similarly comprehensive regulations on employers with five or more employees doing business in the Golden State.
Not to be outdone by the city and state, the Los Angeles County Board of Supervisors passed the FCOE earlier this year, which took effect on September 3, 2024. The FCOE goes beyond the state law by imposing stricter rules on the use of criminal background information in hiring decisions in unincorporated Los Angeles County, which is comprised of over 100 different communities peppered throughout 2,653.5 square miles (or 65%) of the County’s total territory. In light of this geographic reality, many employers in and around the Southern California region will likely fall subject to the FCOE’s onerous requirements.
The FCOE applies to any employer that: 1) is located or doing business in the...
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