News and Articles

Labor and Employment Law

LinkedIn Twitter Facebook Email

Los Angeles "Ban the Box" Laws Limit Employer Access to Criminal Records

Tuesday, July 11, 2017

Over the past few years, California has gradually limited the ability of employers to utilize criminal records and background checks in making employment decisions. The City of Los Angeles recently enacted new regulations which further restrict an employer’s ability to inquire into an applicant’s criminal history and prevent employment decisions based on a candidate’s criminal record. 

As of July 1, 2017, Los Angeles employers with at least 10 employees are now prohibited from inquiring about criminal history during a job interview or in a job application. This means that employers are barred from running criminal background checks on candidates before they have been given an offer of employment.

Only after giving a conditional offer of employment, may an employer inquire into the applicant’s criminal record. If an employer discovers an applicant has a potentially disqualifying criminal record, it must assess how the candidate’s conviction would negatively impact his or her ability to perform job-related tasks. The employer must provide a written notification to the applicant and wait at least five business days before taking any action. During this time, the candidate has the ability to provide information to the employer contradicting the employer’s assessment. If the employer still decides that the conviction, etc. is disqualifying, the employer must provide the applicant with a second written notice and a copy of the reassessment to the applicant.

Employers failing to comply with these requirements could face fines, which increase in cost for each violation that occurs. A first violation will be $500, a second up to $1000, and a third could be as high as $2000.

Given these new regulations, Los Angeles employers should revise their applications to eliminate questions regarding an applicant’s criminal history and should review their employment policies to ensure that their practices are in compliance with city guidelines.

For more information contact:
Ashley Vivier or
David M. Prager, Esq.
Gibbs Giden Locher Turner Senet & Wittbrodt LLP
1880 Century Park East 12th Floor
Los Angeles, CA 90067
email: dprager@gibbsgiden.com
email: avivier@gibbsgiden.com

The content contained herein is published online by Gibbs Giden Locher Turner Senet & Wittbrodt LLP ("Gibbs Giden") for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. For specific questions about any of the content discussed herein or any of the content posted to the Gibbs Giden website please contact the article attorney author or send an email to info@gibbsgiden.com. The transmission of information by email, over the Gibbs Giden website, or any transmission or exchange of information over the Internet, or by any of the included links is not intended to create and does not constitute an attorney-client relationship. For a complete description of the terms of use of this information and the Gibbs Giden website please see the Legal Notices section at http://www.ggltsw.com/ggltsw-legal. This publication may not be reproduced or used in whole or in part without written consent of the firm.
Copyright 2017 Gibbs Giden Locher Turner Senet & Wittbrodt LLP ©

Attorney Newsletter Advertisement