Key Takeaways:
- Businesses in unincorporated LA County must comply with new background check laws, starting September 3.
- The new law requires changes to job postings, offer letters, notices, and the background check adjudication process.
- LA County will soon publish forms and FAQs to assist with compliance.
The Los Angeles County Fair Chance Ordinance for Employers takes effect on September 3.
The law applies to employers doing business in the unincorporated areas of LA County, if they employ five or more employees. A list of included unincorporated areas can be found here, or an address can be searched on the Registrar Recorder site here.
For employers in unincorporated LA County that conduct background checks, immediate action is required.
First, job postings must be revised. They must include specific disclosure text and a list of job duties that may warrant disqualification based on criminal history.
Second, offer letters must be revised. They must explain why the employer has good cause to review criminal history. General statements like “due to safety concerns” are not sufficient. Offer letters must also disclose what other types of background information will be gathered.
Third, the pre-adverse action process must be updated, and a new written individualized assessment is required. The law requires that notices be sent by both email and in hard copy format. The notices must include information about waiting periods and timelines, and there are font requirements.
Fourth, the adjudication process must be updated. The law imposes requirements for how to evaluate new information provided by the applicant.
Fifth, the post-adverse action notice and process must be updated.
The LA County Department of Consumer and Business Affairs (DCBA) is planning to post on its website FAQs and forms to be used for the individualized written assessments. As of August 19, those materials have not yet been released.
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