Los Angeles County Enacts Fair Chance Ordinance

Effective September 3, 2024, employers in unincorporated Los Angeles County with five or more employees must comply with Los Angeles County’s Fair Chance Ordinance (Ord. 2024-0012 section 1, 2024). While the Ordinance applies to private schools in its jurisdiction, it contains several exceptions for employers, such as private schools, that are required by law to conduct criminal background checks or restrict employment based on criminal history. A summary of the key takeaways regarding this ordinance that are applicable to private schools located within the unincorporated areas of Los Angeles County are set forth below:

• Job Posting Requirements: Under the Ordinance, job postings cannot include language that may deter applicants with criminal history from applying (e.g., “no felons” or “must pass background check”), although they may state that a background check is required.

Schools are required under state law to conduct a Live Scan criminal background check through the Department of Justice of applicants for positions that have contact with minors (Education Code section 44237) and are also prohibited from hiring applicants that have been convicted of specified convictions. Under the Ordinance, if a law or regulation limits or prohibits the hiring of individuals with certain criminal history for the position, an employer must identify the laws or regulations that impose such restrictions in the job posting. This means that schools subject to the Ordinance will need to identify the laws and regulations that restrict hiring in the job posting.

In the rare event a school is hiring for a position that will not have contact with minors, the job posting must affirmatively state that qualified applicants with arrest or conviction records will be considered.

• Written Notification Requirements: If a school intends to take any adverse action against an applicant, such as rescinding a conditional job offer, based on their criminal history, the Ordinance requires a detailed, written individualized assessment of the bearing of the criminal history on the applicant’s ability to perform the duties of the position. The employer must provide the applicant with notice of a proposed adverse action, including a copy of the individualized assessment, and at least five business days prior to taking the adverse action. The contents of the notice are mandatory and include informing the applicant of the right to submit evidence challenging the accuracy of the background check report. If the applicant submits a response, the school must then issue a final notice of adverse action within thirty days.
• Notice of Ordinance to Employees: Schools must post notice of the Ordinance at every workplace and on webpages frequently visited by their employees or applicants. Schools must also retain pertinent records for a minimum of four years.
• Enforcement: Applicants may enforce the Ordinance with a civil lawsuit or an administrative complaint with the County of Los Angeles Department of Consumer and Business Affairs.

For more information about the Ordinance, see this FAQ. Schools in unincorporated areas of Los Angeles County should review the Ordinance and contact an LCW attorney if they have questions about compliance or the laws and regulations that may need to be included in certain job postings.

Note: This article has been updated from its original posting on 11/27/2024 to reflect the exemptions that may be available to private schools under the Ordinance.