The City of Los Angeles’ Fair Chance Initiative for Hiring became effective on January 22, 2017, with enforcement to start July 1, 2017. Violations between January 22, 2017 and June 30, 2017 may result in a written warning.

The Ordinance and the new implementing rules and regulations impose various prohibitions on private Los Angeles employers, including prohibiting employers from (1) asking about an applicant’s criminal history in employment applications, (2) considering arrests (or pending records), and (3) requiring employers to conduct a criminal background check only after extending a conditional offer that is only conditioned on the results of the check. Also, an employer cannot take adverse action against an individual because of his or her criminal history without first conducting a written individualized assessment that effectively links the specific aspects of the individual’s criminal history with risks inherent in the duties of the position sought. To this end, the City has provided a form for employers’ use. Employers should be aware of the growing number of local jurisdictions enacting background check ordinances, including San Francisco.