§ 189.00 — PURPOSE

SEC. 189.00. PURPOSE.

The primary purpose of the restrictions imposed by this ordinance is to promote public health, safety and welfare by eliminating a barrier to employment of persons who have been convicted of crimes, reducing recidivism, facilitating the reintegration into society of persons with conviction records and decreasing unemployment in parts of the community in which persons who have been convicted of crimes predominately reside. This ordinance shall be referred to as the Los Angeles Fair Chance Initiative for Hiring (Ban the Box). Studies show that the disclosure of a criminal conviction by job applicants on application forms often automatically excludes them from consideration of employment regardless of any relationship between the conduct underlying the conviction and the duties and responsibilities of the job, the length of time since the conduct occurred and the risk of the conduct reoccurring on the job. Automatic exclusion of persons with prior criminal convictions from consideration of employment prevents otherwise qualified applicants from obtaining employment and may result in employers hiring less qualified candidates, increases the risk of recidivism of persons so excluded from consideration and disparately impacts persons of certain races and national origin. In 2013, the State Legislature passed and the Governor signed Assembly Bill No. 218, which amended the State’s Labor Code to prevent the State and local governments from seeking disclosure of conviction history from employment applicants until the agency has determined the applicant meets the minimum employment qualifications. In April 2014, the City of Los Angeles implemented AB 218 by removing questions regarding criminal convictions from employment applications, reviewing a job applicant’s criminal history only after a position eligibility list is prepared, and considering, among other things, the relationship between the conviction and the duties of the position. In November 2015, the President of the United States announced that the federal government and federal contractors could not consider job applicants’ criminal convictions in the initial stages of the employment process. Numerous other cities have similarly adopted regulations preventing inquiry into job applicants’ criminal history until after it is determined they are qualified for the position. This ordinance limits private employers in Los Angeles from inquiring into or seeking a job applicant’s criminal history unless and until a conditional offer of employment has been made to that individual.