Written By ESR News Blog Editor Thomas Ahearn
The City of Los Angeles Bureau of Contract Administration (BCA) is offering resources for a “Ban the Box” law called the Fair Chance Initiative for Hiring Ordinance (FCIHO) that restricts inquiry by employers into the criminal records of job applicants until after they make a conditional offer of employment. The Ban the Box law took effect on January 22, 2017, and will begin being enforced on July 1, 2017.
Under the FCIHO, employers with ten (10) or more Employees that want to disqualify applicants based on criminal records must follow rules and regulations that include writing an “individualized assessment” linking the criminal records of applicants with risks inherent in the job, and a “reassessment” if applicants present information. The guidance for the Ban the Box law from the Los Angeles BCA includes the following:
- Fair Chance Initiative for Hiring Overview
- Notice to Applicants and Employees for City Contractors
- Notice to Applicants and Employees for Private Employers
- Notice to Rescind Employment Offer Sample Letter
- Individual Assessment and Reassessment Form
- Fair Chance Initiative for Hiring Complaint Form (English)
- Fair Chance Initiative for Hiring Complaint Form (Spanish)
The Los Angles BCA also provides Frequently Asked Questions (FAQs) about the FCIHO. Since failing to comply with the new Ban the Box law may subject employers to administrative remedies and a civil action. The Los Angles BCA also encourages all Los Angeles employers to download and review these documents to help ensure compliance with the new Ban the Box law. These resources are available here.
As reported earlier by ESR News, Los Angeles Mayor Eric Garcetti signed the Ban the Box Ordinance passed by the Los Angeles City Council into law on December 9, 2016. According to a news release from the Mayor, an estimated one in four adult Californians has an arrest or conviction record on file with the state, and studies show up to 70 percent of ex-offenders say finding a job is their biggest hurdle to successful reentry.
The Ban the Box movement is rapidly spreading in the U.S. According to the National Employment Law Project (NELP), 26 states and more than 150 cities and counties have Ban the Box laws to help remove barriers to employment for workers with criminal records. Employment Screening Resources® (ESR) offers employers a Ban the Box Information Page with news and legal updates at www.esrcheck.com/Ban-the-Box/.
“Ban the Box” refers to removing the question on job applications about past criminal records and a box for applicants to respond by checking yes or no, and sometimes with details. Ban the Box supporters seek to delay criminal history questions so ex-offenders are first judged by their knowledge, skills, and abilities to do a job. To read more ESR News blogs about Ban the Box, visit www.esrcheck.com/wordpress/tag/ban-the-box/.
ESR Creates LA Ban the Box Ordinance Infographic
Employment Screening Resources® (ESR) – a global provider of background checks located in California – has created a City of Los Angeles Ban the Box Ordinance Infographic that outlines employment requirements and impact of the Los Angeles Fair Chance Initiative for Hiring Ordinance (FCIHO). The infographic is available at www.esrcheck.com/Los-Angeles-Ban-the-Box-Ordinance/index.php.
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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