City of Los Angeles Issues Ban the Box Ordinance Individualized Assessment and Reassessment Form

ban the box

Written By ESR News Blog Editor Thomas Ahearn

The Los Angeles Department of Public Works (DPW) Bureau of Contract Administration (BCA) has issued an Individualized Assessment and Reassessment Form to help employers comply with the Ban the Box law called the Fair Chance Initiative for Hiring Ordinance (FCIHO) that took effect January 22, 2017.

The form combines the separate individualized assessment and reassessment form requirements in one document for administrative purposes. The “To be completed for a Reassessment” part of the document is only used if an applicant provides additional information after receiving a pre-adverse package.

The Los Angeles BCA – which bears administrative responsibilities for the Ban the Box Ordinance – also has issued Rules and Regulations for implementing the FCIHO to help private employers, as well as city contractors/subcontractors, comply with the law. Enforcement of the FCIHO will begin on July 1, 2017.

The LA Ban the Box law states that employers “shall not include on any application for employment any questions that seek the disclosure of an applicant’s criminal history” and shall not inquire about an applicant’s criminal history “until a conditional offer of employment has been made to the applicant.”

The Rules and Regulations also define “Individualized Assessment” as: a written determination made by the Employer that there is or is not an effective link between specific aspects of the Applicant’s Criminal History and the risks inherent in the job duties and responsibilities of the employment position.

The LA Ban the Box law also requires employers to follow Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 issued by the U.S. Equal Employment Opportunity Commission (EEOC) on April 25, 2012.

As previously reported by ESR News, LA Mayor Eric Garcetti signed Ban the Box legislation called the Fair Chance Initiative (Ordinance 184652) into law on December 9, 2016, that applies to city contractors and private employers with ten or more employees, except for exempted fields such as law enforcement.

“People who have served their time deserve an opportunity to provide for themselves and their loved ones, and rebuild their lives with integrity through hard work,” Mayor Garcetti stated in a news release. “The Fair Chance Initiative opens up new opportunities for Angelenos who have been incarcerated.”

“Ban the Box” refers to the question on job applications about criminal records and a box for applicants to check yes or no. Ban the Box supporters seek to remove the box from applications and delay criminal history questions so ex-offenders are first judged by their knowledge, skills, and abilities to do a job.

The Ban the Box movement is spreading rapidly across the United States. According to the National Employment Law Project (NELP), 25 states and over 150 cities and counties have Ban the Box laws to help remove barriers to employment to give qualified ex-offenders a fair chance at employment.

More Ban the Box Information from ESR

Employment Screening Resources® (ESR) supports sensible Ban the Box legislation and offers employers a Ban the Box Information Page with news and legal updates about Ban the Box states, cities and counties, and resources. The ESR Ban the Box Information Page is at www.esrcheck.com/Ban-the-Box/.

NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

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