Compliance Guidelines for Los Angeles Ban the Box Ordinances

Since the effective date, the , which enforces the ordinance, released its Rules and Regulations (Guideline) to guide employers with compliance. with the terms of the ordinance before penalties and fines are enforced.

Of particular interest, the guideline for an Employer. Average week is determined by the last four complete (4) weeks before the position is advertised. of whether the Employee is full-time, part-time, seasonal, or temporary.

of employment based on criminal history, the :

as described below. The employer must make a written determination identifying the link between specific aspects of the applicant’s criminal history and the risks inherent in the job duties and responsibilities of the employment position. At the minimum, the employer must consider the so-called factors identified in the EEOC Enforcement Guidance such as:

of the opportunity to present additional information through the Fair Chance Process; and
after the applicant receives the notification to provide the employer with additional information or documentation.

, then the employer can take the proposed adverse action without additional requirements under the ordinance. , then the of the proposed adverse action using the same process as the original assessment but taking into consideration the information and documentation that the applicant submitted, as described in the “Fair Chance Process” described below. , the and provide a copy of the re-assessment.

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