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View Full Version : A Los Angeles City committee backed a plan Tuesday to penalize businesses that...


Mike Mercury
06-29-2016, 3:16pm
Businesses that ask a job applicant about his or her criminal history during the hiring process could be fined and forced to pay the applicant up to $500 under a new law being considered by city leaders.

The rules are part of a law under consideration by the council aimed at giving former convicts a better shot at obtaining employment.

The Ban the Box ordinance, approved in concept last year by the council, bans private employers with 10 or more workers from asking questions related to an applicant’s criminal history before a conditional offer of employment has been made.

Employers also have to strip criminal history questions from job applications under the proposed law. The “box” refers to “check box” indicating a conviction on an application.

Exemptions for employers in the child care or law enforcement industry are allowed under the ordinance.

Los Angeles non-profits, churches, and other groups support the law, contending it will cut jail recidivism rates by helping former convicts land jobs.

Both the state and federal governments have similar rules in place for applicants seeking public sector jobs, while San Francisco has laws that also apply to private companies.

Some Los Angeles business groups, including the Valley Industry and Commerce Association, oppose the proposed Los Angeles law. Speaking at Tuesday’s Economic Development meeting, VICA representative Alex Davis told the panel that a “citywide mandate about who to hire and how is a bad policy.”

Some council members at Tuesday’s Economic Development meeting expressed concern about the proposed fines, which could total up to $2,000 for multiple violations.

Councilwoman Nury Martinez also worried a proposed reward system for whistle blowers who complain about hiring practices at a company would encourage an environment of “bounty hunters.” John Reamer, director of the Bureau of Contract Administration, said a reward system isn’t just about encouraging employees to speak up.

“The ultimate goal of the penalty system is to work with the employer to change the behavior, so they will see that (job applicant) in a different light,” Reamer said.

Other regulations approved at Tuesday’s meeting require employers to post rules either in the workplace or an employer website about the Ban the Box law. Failure to do so would result in a $500 penalty.

Employers could also be hit with a $500 fine if they don’t cooperate with city investigators following a complaint.

The law, now being written by city attorneys, is expected to be heard before the full City Council later this year.

LA City Hall panel backs fining companies for asking applicants about past crimes (http://www.dailynews.com/government-and-politics/20160628/la-city-hall-panel-backs-fining-companies-for-asking-applicants-about-past-crimes)

Ol Timer
06-29-2016, 3:20pm
Well, sure. If you can be a United States Congress person and a criminal, why not have the same standard in the private sector?

DAB
06-29-2016, 3:46pm
"not hiring"

Iron Chef
06-29-2016, 3:47pm
The Ban the Box ordinance, approved in concept last year by the council, bans private employers with 10 or more workers from asking questions related to an applicant’s criminal history before a conditional offer of employment has been made.

Interesting quote here. Conditional means, basically, "the job is yours IF everything checks out." I wonder if employers can proceed with background checks after the conditional offer is made and then deny employment if they find a criminal history?

Madmikeee
06-29-2016, 3:50pm
Well when 75% of the areas populous has a criminal record what do you expect?

VITE1
06-29-2016, 3:52pm
Interesting quote here. Conditional means, basically, "the job is yours IF everything checks out." I wonder if employers can proceed with background checks after the conditional offer is made and then deny employment if they find a criminal history?

Yes they can.
And it's going to cost businesses millions in lost productivity for managment and HR.

Yet another way government "Helps" people.

ZipZap
06-29-2016, 4:44pm
We've seen this coming for a long while.

Here's another one for you. All of our engineering jobs require US citizenship because all of them require at minimum a Secret clearance. Here's the catch...I can't ask about citizenship in an interview, nor can the HR staff. So, even though the requirement is clearly stated on the Job Announcement, it's possible that we would tender an offer and then find out via the proof of citizenship process after the offer was made.:slap:

mrvette
06-29-2016, 5:48pm
We've seen this coming for a long while.

Here's another one for you. All of our engineering jobs require US citizenship because all of them require at minimum a Secret clearance. Here's the catch...I can't ask about citizenship in an interview, nor can the HR staff. So, even though the requirement is clearly stated on the Job Announcement, it's possible that we would tender an offer and then find out via the proof of citizenship process after the offer was made.:slap:

Jose Hernandezazz is not a citizen, BET on that one, second off, ALL applicants go through a security ANALysis before hiring, simple, really.....that means from FBI on down the list....

:seasix::hurray:

ZipZap
06-29-2016, 6:35pm
Jose Hernandezazz is not a citizen, BET on that one, second off, ALL applicants go through a security ANALysis before hiring, simple, really.....that means from FBI on down the list....

:seasix::hurray:

All true, but I can't even ask the question until the applicant accepts the offer and starts the process. They won't get hired, but it would be a complete waste of time. Same thing will happen with this law. Folks will believe they can skate through under the radar, but will only cause lost time.

Burro (He/Haw)
06-29-2016, 6:37pm
Interesting quote here. Conditional means, basically, "the job is yours IF everything checks out." I wonder if employers can proceed with background checks after the conditional offer is made and then deny employment if they find a criminal history?

Yes. Happens all the time.

NavyC5
06-29-2016, 6:42pm
And they wonder why people and businesses are leaving California in droves.

ZipZap
06-29-2016, 6:45pm
Interesting quote here. Conditional means, basically, "the job is yours IF everything checks out." I wonder if employers can proceed with background checks after the conditional offer is made and then deny employment if they find a criminal history?

Yes, but only after the applicant signs paper authorizing the check...

99 pewtercoupe
06-29-2016, 6:45pm
And they wonder why people and businesses are leaving California in droves.

It has to be really difficult for a small to medium sized company to rationalize staying in Kali

VITE1
06-29-2016, 7:17pm
And they wonder why people and businesses are leaving California in droves.

It's part of the Democratic national Agenda. Obama has mandated this be done by all federal contractors.

Obama Bans Hiring Bias Against Ex-Cons Seeking Federal Jobs - NBC News (http://www.nbcnews.com/news/us-news/obama-bans-hiring-bias-against-ex-cons-seeking-federal-jobs-n455706)

Now you understand why many jobs are leaving the USA.

Aerovette
06-29-2016, 7:26pm
Questions you can't ask....

I imagine this is in preparation for the influx of Syrians that need jobs.

Have you ever been convicted of car bombing?

Convicted? No

How about building a bomb?

Wait, you can't ask me that.

Right right, sorry, Can you start Monday?

mrvette
06-29-2016, 7:54pm
Questions you can't ask....

I imagine this is in preparation for the influx of Syrians that need jobs.

Have you ever been convicted of car bombing?

Convicted? No

How about building a bomb?

Wait, you can't ask me that.

Right right, sorry, Can you start Monday?

NONE of that invading army is smart enough to hold any security position, second off they are paid invaders just waiting to attack,and getting support $$$$$$$$$$$$$$$$$$$$$$$$$ from Saudi/etc so they lay around the mosque all day and plot, until the GO order comes down.....the downside of the .net :issues:

Mike Mercury
06-29-2016, 8:05pm
“The ultimate goal of the penalty system is to work with the employer to change the behavior, so they will see that (job applicant) in a different light,” Reamer said.

in a different light ?

:rofl:

OddBall
06-29-2016, 8:09pm
So who does the co-worker sue when they get raped by the serial rapist that the company was forced to hire?

VITE1
06-29-2016, 8:26pm
So who does the co-worker sue when they get raped by the serial rapist that the company was forced to hire?

They don't have to hire the person. You just can't ask on the application but you can ask when you make an offer.

This just adds millions of additional costs onto business. Instead of fixing our crime problem they want to push this onto the backs of people in business.

Bill
06-29-2016, 8:30pm
This is an awesome law! All the best cities already have it, like Baltimore and Chicago.

Chicago?s Ban-the-Box Ordinance: What Employers Need to Know | The National Law Review (http://www.natlawreview.com/article/chicago-s-ban-box-ordinance-what-employers-need-to-know)

Baltimore Enacts 'Ban the Box' Law, Restricts Private Employers' Inquiries into Applicants' Criminal Backgrounds | Jackson Lewis (http://www.jacksonlewis.com/resources-publication/baltimore-enacts-ban-box-law-restricts-private-employers-inquiries-applicants-criminal-backgrounds)

Iron Chef
06-30-2016, 11:12am
Yes they can.
And it's going to cost businesses millions in lost productivity for managment and HR.

Yet another way government "Helps" people.

Great. Another "feel good" law which accomplishes nothing. :spdchk:

Aerovette
06-30-2016, 2:14pm
They don't have to hire the person. You just can't ask on the application but you can ask when you make an offer.

This just adds millions of additional costs onto business. Instead of fixing our crime problem they want to push this onto the backs of people in business.

I would let them know the question is absolutely voluntary and they have no obligation to answer me, then I would refuse to hire anyone that didn't answer.