The Los Angeles County Board of Supervisors adopted the Los Angeles County FCO for Employers on February 7, 2024. The FCO goes into effect on September 3, 2024.
Who does the FCO affect? Any individual or organization located in or doing business in the unincorporated areas of Los Angeles County that has five or more employees, including any person providing services pursuant to a contract in furtherance of an employer’s business enterprise performing at least two hours of work on average each week within the unincorporated areas of the County.
What are employers prohibited from doing?
Under the current FCO, Employers are prohibited from doing the following:
• In job postings, employers can NOT include language such as: No Felons, No Convictions, Must Have Clean Background, Must Pass Background Check, etc.
• Employers can NOT ask about criminal history before a conditional offer of employment or during the interview process.
• Employers can NOT encourage an individual to disclose criminal history or require disclosure of criminal history prior to a conditional offer of employment.
• Employers can NOT end an interview or reject an application based on criminal history information that was prematurely obtained prior to a conditional offer of employment.
• Employers can NOT end an interview early if an applicant reveals criminal history or reject an application because an individual did not provide criminal history information.
• Employer can NOT consider an applicant’s conviction that is more than seven (7) years old, measured from the date of disposition. This is considered the look-back period.
However, there are exceptions that include, but are not limited to:
• Providing care or services to a minor; in contact with minors as part of their specific job duties; or has supervisory or disciplinary authority over a minor;
• Providing care or services to a dependent adult; in contact with a dependent adult as part of their specific job duties; or has supervisory or disciplinary authority over a dependent adult;
• Provide support services or care to a person sixty-five (65) years or older; or has supervisory authority over a person sixty-five (65) years or older;
• Providing services relating to the administration of public funds or benefits, including eligibility for public funds or public benefits, including but not limited to, fraud, bribery, forgery, embezzlement, receipt of stolen property, theft and/or robbery.
What is required in job postings?
• In all job postings, employers MUST include language stating that qualified applications with arrest or conviction records will be considered for employment in accordance with the Los Angeles County Fair Chance Ordinance for Employers and the California Fair Chance Act.
• If an organization prevents the hiring of individuals with a criminal history as required by law, the organization must specify the laws or regulation that impose these restrictions.
• If your organization plans to conduct a review of criminal history after the interview process, the job posting must include a list of all material job duties of the specific position in which you believe a criminal history may have a direct, adverse, and negative relationship potentially resulting in the withdrawal of a conditional offer of employment.
Can Criminal Records be reviewed by an affected organization?
Yes, but only after a conditional offer of employment is made.
What if I discover a criminal record that affects our decision to rescind the conditional offer of employment?
If an employer intends to rescind a conditional job offer or take any other adverse action based on criminal history, the employer must first conduct an Initial Individualized Assessment, documented in writing, of whether the candidate’s criminal history has a direct, adverse, and negative bearing on the person’s ability to perform the job duties such that it justifies denial of the job position or adverse action.
• Individualized assessment considerations:
o The nature and gravity of the offense or conduct, including, consideration of whether the harm was to property or people, the degree or severity of the harm or offense, the age of the person when the conduct occurred, and the permanence of the harm or offense;
o The time that has passed since the offense or conduct and/or completion of the sentence;
o The nature of the position, including consideration of the specific duties of the job, whether the position offers the opportunity for the same or a similar offense to occur, and whether circumstances leading to the criminal conduct will recure in the job position;
o If the applicant or employee voluntarily provides any evidence of rehabilitation or mitigating circumstances before or during the initial individualized assessment, that evidence must also be considered.
• If the employer intends to rescind a conditional offer, or take any other adverse action, the employer shall provide a preliminary notice of adverse action.
• The individual shall have at least five (5) business days to respond to the preliminary notice of adverse action before the employer can make a final decision.
• The employer will perform a second individualized assessment, documented in writing, assessing the same factors contained in the initial individualized assessment.
• If after the second individualized assessment, the employer makes a final decision to withdraw the conditional offer or take other adverse action, the employer must send written notice.
Are there penalties for violation of the FCO?
Employers can have monetary penalties, and in some circumstances, action against licenses:
• For a first violation, a penalty of up to $5,000 for each aggrieved applicant or employee.
• For a second violation, a penalty of up to $10,000 for each aggrieved applicant or employee.
• For the third and subsequent violations, a penalty of up to $20,000 for each aggrieved applicant or employee
• The Department of Consumer and Business Affairs may recommend any license issued by the County or any departments thereof be suspended, revoked, or denied. This depends on the seriousness of the violation, whether the organization has engaged in prior or contemporary violations of the FCO or similar statutes, and/or whether any amounts due to the applicant or the County because of the violation were timely paid.
Where can I get more information about complying with the FCO?