The Los Angeles County Fair Chance Ordinance for Employers (FCO) was adopted by the Los Angeles County Board of Supervisors and became effective on September 3, 2024. The FCO provides additional rights, protections, and enforcement mechanisms for persons with criminal history seeking employment in the unincorporated Los Angeles County.
- Job Postings: In job postings, employers cannot include language such as: No Felons, No Convictions, Must Have Clean Background, Must Pass Background Check, etc. An employer may include language such as or similar to: “Background Check Required” but is prohibited from including phrases such as “Must Have Clean Background” or “Must Pass Background Check.” If the employer is required by local, state or federal law or regulation to restrict or prohibit the hiring of individuals with certain specified criminal history for the job position, the employer must specify in all job solicitations, bulletins, postings, announcements and advertisements, any and all such laws or regulations that impose restrictions or prohibitions for employment due to criminal history.
- Initial Individualized Assessment: If an employer intends to rescind a conditional job offer or take any other adverse action based on criminal history, the employer must first conduct an Initial Individualized Assessment, documented in writing, of whether the candidate’s criminal history has a direct, adverse, and negative bearing on the person’s ability to perform the job duties such that it justifies denial of the job position or adverse action.
- Preliminary Notice of Adverse Action: If the employer intends to rescind a conditional offer, or take any other adverse action, the employer shall provide a preliminary notice of adverse action. The individual shall have at least five (5) business days to respond to the preliminary notice of adverse action before the employer can make a final decision.
- Second Individualized Assessment: The employer shall consider all information and documents timely submitted by the applicant or employee before making a final decision or taking adverse action. The employer will perform a second individualized assessment, which shall be documented in writing, assessing the same factors contained in the initial individualized assessment.
- Final Notice of Adverse Action: If after the second individualized assessment, the employer makes a final decision to withdraw the conditional offer or take other adverse action, the employer must send written notice.
- No Retaliation: It is unlawful for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under the FCO.
- An applicant or employee who believes there has been a violation of the FCO can file a complaint with the Los Angeles County Department of Consumer & Business Affairs and with California’s Civil Rights Department for violation of the Fair Chance Act.
To view the Los Angeles County Fair Chance Ordinance for Employers click here