Effective September 3, 2024, a new ordinance in Los Angeles County offers additional protections for individuals with criminal records seeking employment. The Fair Chance Ordinance builds upon California’s Fair Chance Act (AB 1008), codified in Government Code section 12952, which prohibits employers from asking about criminal records before extending a job offer. The new ordinance applies to businesses operating in unincorporated areas of LA County that employ five or more employees regardless of location. The ordinance applies to employees, or applicants to a position that will involve, performing at least two hours of work on average each week within the unincorporated areas of Los Angeles County. Below are five key takeaways for employers:
1. Prohibition on Criminal Background Inquiries Pre-Offer
Employers cannot inquire about criminal history before extending a conditional job offer. Any mention of criminal background checks in job advertisements, interviews, or application forms is prohibited. For example, the Ordinance requires employers to include language in all job advertisements “stating that qualified Applicants with arrest or Conviction records will be considered for Employment in accordance with the Los Angeles County Fair Chance Ordinance for Employers and the California Fair Chance Act.” Employers are prohibited from using language that excludes or discourages applicants with criminal histories from applying and using phrases like “No Felons” or “No...
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