The new Los Angeles County Fair Chance Ordinance, effective September 3, 2024, will require significant new compliance obligations on companies performing background checks if the job or remote candidate is located in unincorporated areas of Los Angeles County.
If you are unsure whether a candidate is in an unincorporated area, please use this website. Particularly, the ordinance restricts inquiries into criminal history until after a conditional job offer AND the candidates’ receipt of a background check report. The other new changes that come with this ordinance that different from the California Fair Chance Act (CFCA) are as follows:
Job Postings:
- Must indicate a list of all material job duties of the position that the company believes reasonably believes a candidate’s criminal history may have a direct and adverse impact on that could result in a withdrawal of an offer for engagement.
Offer Letters:
- Must indicate that conditional offer is contingent on company’s review of criminal background.
- Details on what background check will be undergone.
- Good cause for reviewing criminal background based on job position by demonstrating:
- There is risk to business operations or business reputation if criminal background is not reviewed.
- That review of criminal background is necessary for position due to concerns regarding a risk of safety, harm, or harassment to staff, contractors, vendors, associates, clients, customers, or the general public.
Criminal History Inquiries:
- Prohibits inquiries regarding convictions over 7 years from the date of disposition.
- MVR infractions unless driving is more than a de minimis part of the job.
- Convictions for conduct that has been decriminalized since conviction.
Individualized Assessments:
- Similar to the city of Los Angeles, this ordinance requires companies to provide candidates with a copy of their written assessments with their preliminary determination, reassessments, and final determination.
TCWGlobal is here to assist you in better understanding the necessary changes to comply with the new Los Angeles County Fair Chance Ordinance and will be implementing the changes to its background check process to maintain compliance for your contingent workforce.