“Ban the Box” Law for Unincorporated Los Angeles County Coming in September 2024

Why This Story Matters:

“Ban the Box” is a nationwide movement in the United States that seeks to delay inquiries by employers into the criminal history of job candidates until later in the hiring process. The “Fair Chance Ordinance for Employers” – which gives additional protections to job seekers with a criminal history in unincorporated Los Angeles (LA) County – takes effect in September 2024.

What Is “Ban the Box”?

“Ban the Box” – which is named after the box on job applications that candidates are asked to check if they have a criminal record – is a nationwide movement in the United States. As of 2024, 37 states and more than 150 cities and counties have adopted “Ban the Box” legislation, according to a “Ban the Box” guide from the National Employment Law Project (NELP).

Many “Ban the Box” laws apply to private employers and usually delay inquiries by them into a job candidate’s criminal history until later in the hiring process after a conditional job offer to the candidate. These laws allow job candidates to be evaluated based on their knowledge, skills, and abilities rather than being prematurely excluded due to their criminal history. 

Expanded “Ban the Box” Law For Unincorporated Los Angeles County

In February 2024, the Los Angeles County Board of Supervisors adopted the “Fair Chance Ordinance for Employers” to give additional rights, protections, and enforcement mechanisms to job seekers with a criminal history in the unincorporated Los Angeles County, according to a news release from Los Angeles County. The Ordinance takes effect on September 3, 2024.

The Ordinance complements a California “Ban the Box” law enacted in 2018 called the “Fair Chance Act” which prohibits employers with five or more employees from asking about the conviction history of an applicant before making a job offer and requires them to make an individualized assessment regarding an applicant’s conviction history before rescinding a job offer.

The Ordinance applies to any private employer that employs five or more employees performing at least two hours of work each week within the unincorporated areas of Los Angeles County and authorizes public and private remedies. It has many requirements, including a “Notice of Intent to Conduct Background Check” to candidates and employees that must include:

1. A statement that the Conditional Offer of Employment is contingent upon the review of the individual’s Criminal History.
2. A statement that the Employer has good cause to conduct a review of Criminal History for the specific job position with supporting justification provided in writing. A general statement that the Employer is performing a review of Criminal History due to “safety concerns” without more supporting justification is not sufficient to meet this requirement. An Employer establishes good cause if it can demonstrate any of the following: a. The Employer faces a significant risk to its business operations or business reputation unless a review of Criminal History is conducted for the specific job position; or b. A review of Criminal History is necessary for the specific job position due to articulable concerns regarding the safety of, or risk of harm or harassment to, the Employer’s staff, Employees, contractors, vendors, associates, clients, customers, or the general public.
3. If the Employer is reviewing additional information, background, or history in addition to Criminal History as part of the Applicant or Employee’s background check process in connection with a Conditional Offer of Employment, a complete list of all types of information, background, or history that will be reviewed by the Employer, including but not limited to: education, social media history, employment history, motor vehicle or driving history, reference checks, credit history, license or credential verification, drug testing, or medical examinations.

The Ordinance also requires, among other things, that employers clearly state that qualified candidates with criminal records can still apply for employment, not discriminate during background screening, assess the situation for each specific candidate, include a copy of the assessment and background screening for the candidate to review, and offer a re-assessment. 

Employers must also post a notice explaining this Ordinance in all workplaces in Los Angeles County and on company websites used by employees and job seekers. Failure to comply with the Ordinance can lead to fines of $5,000 to $20,000 for employers and offers the right of private action to job candidates. A complete copy of the Ordinance is available here.

Why Is This “Ban the Box” Ordinance Needed?

Through the adoption of the “Fair Chance Ordinance for Employers,” the County of Los Angeles seeks to overcome the stigma and unfair biases associated with individuals with criminal records when employers are making hiring and employment decisions, and to ensure that individuals with criminal histories are provided a fair and equitable opportunity for employment.

Unincorporated Los Angeles County includes more than 2,600 square miles that represent two-thirds of the County’s area, and the one million people living in these areas represent one-tenth of the County’s population, according to statistics from the LA County Planning website. The Los Angeles County Board of Supervisors acts as the “City Council” in these areas.

ClearStar Helps Employers Comply With “Ban the Box” Laws

ClearStar – a global workforce screening company specializing in background checks, drug testing, and occupational health services – is the only screening firm providing a real-time compliance solution. ClearStar’s Assured Compliance® program manages local, state, and federal notice, disclosure, consent, and adverse action requirements for job candidates.

ClearStar’s commitment to compliance minimizes risk for employers. The Assured Compliance® program covers state and local laws such as “Ban the Box” and federal laws such as the Fair Credit Reporting Act (FCRA) concerning job candidates as required based on their geographies. Highlights of the Assured Compliance® program include:

• Real-Time Compliance: One size does not fit all. Disclosures, notices, and consents are presented to candidates in a fully automated solution as required by local, state, and federal (FCRA) laws.
• Dynamic Disclosures: Candidates are presented only with relevant disclosures based on where they live and will be working to minimize confusion.
• Adverse Action Management: ClearStar’s robust adverse action management module minimizes compliance challenges for employers and makes navigating complicated requirements a breeze, even in jurisdictions requiring additional steps.
• Updated as Laws Change: Compliance with local, state, and federal laws is a constantly changing landscape that can be challenging. ClearStar publishes a monthly compliance update and adapts our technology in response to regulatory and legislative changes.
• Strong and Clear Audit Trail: A transparent process is important. Candidates can access a copy of their specific notices, disclosures, and the consent they signed. This also creates a reliable audit trail for employers.
• ClearStar is Global: Our technology supports candidates who have lived or worked outside of the United States.

ClearStar’s numerous certifications help ensure the privacy, security, and confidentiality of consumer data used during the background screening process. ClearStar offers employers in the United States an interactive “Ban the Box” map to help them comply with the growing number of “Ban the Box” laws. To learn more about background screening, contact ClearStar.

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Thomas Ahearn - Digital Content Editor

Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including Artificial Intelligence (AI), "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA), identity theft, privacy, social media screening, and workplace violence.

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