Los Angeles Fair Chance Initiative for Hiring Ordinance (2026): when employers can ask and the Fair Chance Process

The City of Los Angeles Fair Chance Initiative for Hiring Ordinance (FCIHO), Los Angeles Municipal Code section 189.00 and following, bars private employers with ten or more employees in the city, including staffing agencies, from asking about an applicant's criminal history by any means until after a conditional offer. Every job ad must say that qualified applicants with criminal histories will be considered, and an employer that wants to withdraw an offer because of a conviction must give the applicant a written assessment and hold the job open for at least five business days. As of November 2026 the Bureau of Contract Administration enforces it, with fines of up to $500, $1,000 and $2,000, and California's Fair Chance Act applies on top.

What is the Los Angeles Fair Chance Initiative for Hiring Ordinance?

The City Council adopted Ordinance No. 184652 on December 7, 2016 (Council File 14-0746), effective January 22, 2017. It added Article 9 to Chapter XVIII of the Municipal Code, and section 189.00 names it "the Los Angeles Fair Chance Initiative for Hiring (Ban the Box)." Fines started on July 1, 2017 (189.10(A)). A companion ordinance, No. 184653, covers City contractors.

The Department of Public Works' Bureau of Contract Administration (BCA) administers it (189.01(H)), and its Rules and Regulations have "the force and effect of law" (189.11). The BCA's Fair Chance page carries the FAQ, the notice, a sample letter and the assessment form.

Who does the ordinance cover?

• Employers with ten or more employees. Any business "located or doing business in the City" with ten or more Employees, counting owners and managers. It "includes job placement and referral agencies and other employment agencies" and excludes government (189.01(J)).
• Who counts. An Employee works at least two hours a week on average inside city limits and is entitled to the state minimum wage (189.01(I)). The rules use the highest average headcount in any quarter of the previous calendar year, part-time and temporary staff included.
• Which jobs. Any work performed in the city, including temporary, part-time, contract and agency work (189.01(K)). The FAQ says applicants for jobs exempt from the minimum wage are protected too.
• Remote work. Under the rules, someone who lives in the city and works from home is covered; someone working from a home outside the city is not, even for a Los Angeles company, unless they also work two hours a week in the city.
• The city, not the county. Check an address with the city's Neighborhood Info tool, as the FAQ advises. Unincorporated county areas have their own law: see Los Angeles County Fair Chance Ordinance.

Exceptions

Section 189.07 lifts the application, assessment and job ad rules where the employer is required by law to obtain conviction information, the job requires a firearm, a person with a conviction is barred by law from the position (even if the conviction was expunged or sealed), or the employer is barred by law from hiring someone convicted of a crime. The posting rule still applies. The BCA decides exceptions position by position, the employer carries the burden of proof, and the rules ask for a three-year exception log naming the exception and the law behind it. The FAQ adds that a license requirement alone is not an exception: ask whether the applicant holds or can get the license, not about a record.

When can an employer ask about criminal history?

Only after a conditional offer. Section 189.02 bars any criminal history question on an application and says an employer may not, "at any time or by any means, inquire about or require disclosure of" criminal history "unless and until a Conditional Offer of Employment has been made." "Inquire" covers any direct or indirect conduct meant to gather it, including forms, interviews and reports (189.01(M)). The rules add:

• An application used in several jurisdictions must drop the question, use a Los Angeles version, or put a disclaimer next to it.
• "Criminal background checks must be passed to be considered" and similar lines are violations.
• Résumés, references and "general internet searches" to verify qualifications are fine; trying to find a record before the offer is not.
• An applicant may refuse a prohibited question without being disqualified.

A conditional offer is one "conditioned only on an assessment of the Applicant's Criminal History, if any, and the duties and responsibilities of the Employment position" (189.01(D)), so finish interviews and references first and ask counsel how other contingencies fit. "Criminal History" means convictions for which the person was placed on probation, fined, imprisoned or paroled (189.01(E), (F)); the rules say arrests cannot be considered. No one is required to run a check.

What must job ads and the workplace notice say?

Section 189.04(A) requires a statement "in all solicitations or advertisements seeking Applicants" that the employer will consider qualified applicants with criminal histories consistent with the ordinance; the FAQ confirms this includes online postings and gives the sample wording in the template below. Section 189.04(B) requires the city's notice "in a conspicuous place at every workplace, job site or other location in the City" that applicants visit, with a copy to any union. The BCA publishes the Notice to Applicants & Employees (Form FCIHO, Rev. 01/24) in eight languages.

What must an employer do before withdrawing an offer?

Section 189.03 and the rules set the Fair Chance Process:

1. Check after the offer, following state and federal rules for ordering the report.
2. Write the assessment. Section 189.03(A) requires "a written assessment that effectively links the specific aspects of the Applicant's Criminal History with risks inherent in the duties of the Employment position." The BCA's Individual Assessment and Reassessment Form asks for the duties, the conduct and why it matters, how long ago it was, the applicant's age then and what they have done since.
3. Send the notice package: written notice of the proposed adverse action, a copy of the assessment and any supporting documents, with the date documented. The BCA's sample letter follows this list.
4. Hold the job open. No adverse action and no filling the position for at least five business days after the applicant is informed (189.03(B)).
5. Reassess in writing if the applicant sends anything, such as the circumstances of the offense, work since, rehabilitation or references. If nothing arrives, the employer may proceed.
6. Send the final decision with a copy of the written reassessment.
7. Keep the file for three years from receipt of the application (189.06), including a written note of any oral information relied on.

Section 189.03(A) requires at least "the factors identified by the United States Equal Employment Opportunity Commission," which the rules list as the "Green factors": the nature and gravity of the offense, the time since it, and the nature of the job. The EEOC rescinded its 2012 arrest and conviction records guidance on October 28, 2026, but that does not change the city's ordinance or rules, and the factors come from the 1975 Eighth Circuit case Green v. Missouri Pacific Railroad. We found no BCA statement on the rescission as of November 2026.

How does it fit with California's Fair Chance Act and the FCRA?

California's Fair Chance Act also applies in Los Angeles, from five employees, with its own notice and response deadlines, set out on our California ban-the-box page. The BCA says employers in the city "must comply with both laws"; the ordinance does not limit laws that give applicants more protection (189.12) and may not be applied in conflict with state or federal law (189.13). One process can meet both: keep the city's ad line and posting, include the city's written assessment with the notice, and run the longer response window. If a screening company prepares the report, add the FCRA steps from our FCRA background check guide; California's reporting limits are on California background check laws.

What do staffing agencies and their clients each do?

The FAQ says an agency's conditional offer "includes both the placement of the Applicant on a staffing agency's referral or placement list and the Employer's acceptance of the referral or placement," and the rules say a temporary help firm's offer comes when the person "is to be placed in a pool of applicants."

• The agency keeps criminal history out of applications, intake and screens until it offers pool placement, uses the city line on every Los Angeles ad, and posts the notice in its city offices.
• The client may not ask the agency about a record before accepting the referral; "send only clean records" asks the agency to inquire before an offer.
• Whoever proposes to withdraw the offer writes the assessment, sends the notice, holds the job and reassesses. We found nothing in the ordinance, rules or FAQ that splits these steps between agency and client, so put the split in the service agreement.
• Notes. If a candidate volunteers a record, do not follow up or write it down; see what not to write in interview notes.

Who enforces it and what are the penalties?

Applicants may report a violation to the BCA's Office of Wage Standards within one year (189.09(A)) through its complaint webform, 1-844-WAGESLA (924-3752) or wagesla@lacity.org. The BCA investigates, orders a cure and may fine, with appeal to a hearing officer. Under 189.10, fines run up to $500 for a first violation, $1,000 for a second and $2,000 for each later one, and up to $500 per violation of the ad, posting or record rules; up to $500 per violation may go to the applicant, and unpaid fines draw a 10 percent monthly late fee. An applicant may sue only after the BCA process ends, within one year (189.08). Retaliation is prohibited (189.05).

Has the ordinance changed recently?

We found no amendment to the private employer rules on the BCA's pages as of November 2026; the threshold, conditional offer rule and five business day hold are the 2017 rules. A May 19, 2026 Council motion (Council File 26-0743) on Executive Directive 20, "Strengthening Second Chance Employment Through City Contracting," concerns city contracting and does not change private employers' duties.

A copy-ready job ad line, application disclaimer and notice checklist

The first two lines are the BCA's sample wording from its FAQ and rules.

JOB AD (every posting for a job in the City of Los Angeles)
We will consider for employment all qualified Applicants, including those
with Criminal Histories, in a manner consistent with the requirements of
applicable state and local laws, including the City of Los Angeles' Fair
Chance Initiative for Hiring Ordinance.

APPLICATION (form used in several places only; put it next to the question)
For jobs located in the City of Los Angeles, you should not answer this question.

NOTICE OF PROPOSED ADVERSE ACTION: CHECKLIST
[ ] Conditional offer made on ________; check run after it
[ ] Written assessment by ________ on ________
[ ] Notice of proposed withdrawal for [position]
[ ] Copy of the assessment and every record relied on
[ ] FCRA pre-adverse action notice (if a screening company ran the check)
[ ] Applicant informed on ________ by email / mail / hand
[ ] Job held open until ________ (5+ business days; longer if state law requires)
[ ] Response? Written reassessment on ________; copy with final decision
[ ] File kept until ________ (3 years from the application)

Los Angeles fair chance rules at a glance

For one company-wide process built to the strictest rules, see our fair chance hiring policy template; for San Francisco's rules, see the San Francisco Fair Chance Ordinance.