2019Ban the BoxEx-Offenders

ESR Releases Guide to California, Los Angeles & San Francisco Ban the Box Laws

Written By ESR News Blog Editor Thomas Ahearn

Employment Screening Resources® (ESR) – a leading global background screening firm headquartered in the San Francisco, California area – has released a complimentary white paper entitled “A Guide to Following California, Los Angeles & San Francisco Fair Chance Hiring and Ban the Box Laws” to help employers in the Golden State maintain compliance with these laws. The guide is available online at www.esrcheck.com/Tools-Resources/Whitepaper-Library/Guide-to-CA-LA-SF-Ban-the-Box-Laws/.

ESR Guide to CA, LA & SF Ban the Box Laws

On January 1, 2018, California Assembly Bill 1008 (AB 1008) – also known as the “Ban the Box” bill – took effect to restrict the ability of employers in California to inquire into, and make employment decisions based upon, the conviction histories of job applicants. The purpose of AB 1008 is to help ex-offenders get a “second chance” and become taxpaying and law-abiding members of their community to provide for their families by obtaining employment despite having a criminal record in their past.

In addition to AB 1008, Los Angeles and San Francisco also enacted Ban the Box laws. Employers in the City of Los Angeles are also subject to additional requirements under the Fair Chance Initiative for Hiring Ordinance (FCIHO) that took effect on January 22, 2017, with penalties and fines starting on July 1, 2017. Employers in the City and County of San Francisco must follow the Fair Chance Ordinance (FCO) that took effect on August 13, 2014, with an amendment to the FCO taking effect on October 1, 2018.

The white paper provides an actionable summary of these three Ban the Box laws – California AB 1008, the Los Angeles FCIHO, and the San Francisco FCO – along with checklists for all impacted employers to consult in order to ensure compliance with the legislation. Studies show that not only do ex-offenders make good workers and have less turnover, but employment is a critical tool to reduce recidivism. In a tight labor market, ex-offenders may represent an untapped labor pool for some employers.

The “Ban the Box” movement seeks to advance job opportunities for ex-offenders by delaying the criminal history question until later in the hiring process. As of March 2019, more than 150 cities and counties as well as 33 states have passed Ban the Box laws which have become pervasive enough for studies to show whether fair chance rules are effective. This growing trend was selected by Employment Screening Resources® (ESR) as one of the “ESR Top Ten Background Check Trends” for 2019.

ESR Ban the Box Resource Page

Employment Screening Resources® (ESR) is not a typical screening firm and does not intend to become one. ESR offers employers a Ban the Box Resource Page the contains complimentary whitepapers, infographics, and an interactive map updated with the latest Ban the Box laws. The Ban the Box Resource Page is at www.esrcheck.com/Legislative-Compliance/Ban-the-Box/. For more information about background screening services from ESR, please visit www.esrcheck.com.

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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