The Ordinance applies to any employer that:

1. Is located or doing business in the unincorporated areas of Los Angeles County;
2. Employs five or more employees, regardless of where all the employees work; and
3. Subjects potential employees to a criminal background check during the employment process.
4. Some employers might be exempt from certain components of the Ordinance if the law requires background checks for the position, or the duties involve working with vulnerable populations.

For those employers, the Ordinance serves to protect:

1. All potential job seekers
2. Employees working at least two hours per week on average
3. Contract and freelance workers
4. Current employees positioned for promotion, transfer, or any other changed in their employment

1. Job postings
   1. Must not include language that excludes or discourages people with criminal histories from applying.
   2. If an employer is required, by law, to conduct a background check, the job posting must specify the law(s) or regulation(s) mandating the background check.
   3. Employers must post the notice of the Ordinance in their workplace, on their webpages, and any other place frequently visited by applicants and employees.
   4. The notice must be made available in all languages spoken by at least 10% of the company’s workforce.
   5. Employers with unionized employees must also provide a copy of the notice to the unions.
2. Offer Letters
   1. Employers must not ask about a criminal record until a conditional job offer has been extended.
   2. If an employer intends to consider a criminal record, the conditional offer letter must also include a complete list of background information that will be reviewed by the employer including but not limited to education, social media history, employment, driving records, credit history, drug testing and credential verification.
3. Consideration of Criminal History
   
   1. With some exceptions, employers cannot inquire about or consider any of the following:
      1. An arrest that did not result in a conviction
      2. Conviction(s) that are more than seven years old from the date of disposition
      3. Referral to participate in a pretrial or post-conviction diversion program
      4. Convictions that have been sealed, dismissed, expunged, pardoned, or convictions resulting in the convicted person being issued a certificate of rehabilitation
      5. Juvenile court arrests, detentions, procession diversions, supervision, adjudication or other court depositions
      6. Non felony marijuana possessions more than two years old
      7. Offenses other than felonies or misdemeanors such as local ordinances or civil infractions, except driving violations if driving is part of the job duties
      8. A conviction that has been decriminalized since the date of the conviction
4. Taking Adverse Action Based on Criminal History
   
   1. If an employer intends to withdraw a conditional job offer after a review of an applicant’s criminal history, the employer must:
      1. Conduct an individualized assessment of the applicant’s criminal history;
      2. Provide the applicant with written notice of the preliminary decision to take adverse action.
   2. The Ordinance requires employers to keep written documentation of the individualized assessment to demonstrate that the applicant’s criminal record has a direct, adverse and negative bearing on the person’s ability to perform the outlined job duties as such that justifies denial of the job offer and adverse action.
   3. After the individualized assessment is conducted, and if the employer wants to take adverse action, the employer must:
      1. Send a pre-adverse notice and a copy of the individualized assessment to the applicant or employee in the mail, and email- if the employer has the applicant or employee’s email.
      2. Allow at least five days for the applicant to respond to the notice and provide evidence of rehabilitation or other mitigating factors. If the applicant responds within five business days, the employer must wait an additional 10 business days to allow the applicant to submit additional information before making a final decision. During this period, the employer is not able to take further action or fill the position.
      3. If the applicant submits evidence of rehabilitation or other documentation, the employer must perform a second individualized assessment, considering any evidence provided.
   4. If the employer, after conducting the second assessment, decides to take adverse employment action, notice of the adverse employment action is required by regular and email if permissible. The notice must include the basis of the decision, any process for reconsideration, a copy of the second assessment, and notification of the individual’s rights to submit a complaint to the Los Angeles County Department of Consumer and Business Affairs (for violation of the ordinance) and the State’s Civil Rights Department (for violation of the State law).
5. Delays in Receipt of Criminal Background Report
   
   1. If the final notice is sent 30 days after an individual’s response to the initial pre-adverse action letter, the final notice should include an explanation for the delay.
   2. Employers cannot base an employment decision to withdraw a conditional offer or take adverse action based on the fact that there has been a delay.
   3. An employer can withdraw the offer if there is a delay by demonstrating that they would have suffered undue burden if the job posting was to remain unfilled or 10 days have passed since the time the employer requested the criminal background report.
   4. If the employer is making an employment decision based on delay, the employer must include in the preliminary notice of adverse action that the conditional offer has been rescinded due to the delay and explain the reason why it is causing an undue burden.

1. Employers can be subject to fines for violating the Ordinance: $5,000 for first violation, $10,000 for a second violation, $20,000 for the third and subsequent violation(s). Employer may be liable for penalties per each aggrieved employee. The County’s Department of Consumer and Business Affairs may also recommend that any license issues by the county or its departments be suspended, revoked or denied.

1. Employers should ensure that their record keeping practices are in alignment with the Ordinance rules requiring employers to keep all relevant documents for four years from the receipt of the application. This includes any documentation with third-party vendors that employers work with in the hiring and employment process.