Ban the Box & Fair Chance Process

When employers interview jobseekers, they may be wondering:

Will he be a good employee?

Is he likely to wreck his car?

Is he honest with his money and the money of others?

Does he abuse prescription drugs?


Dealing with employee issues can be difficult. But not dealing with them can be worse

Paul Foster, CEO and Founder, The Business Therapist

West Coast Business Consulting, Inc. provides Investigative  Reports, designed to help businesses predict the answers to the questions posed above. Each report is tailored to fit each employer’s needs, adhering to the Federal and State laws. You can find more information at


As of January 2017, Los Angeles implemented the Ban the Box policy. Here are some highlights that it contains:


-An employer cannot ask about a person’s criminal history until a conditional offer of employment has been made;

-No criminal background check can be made before the conditional offer of employment has been made;

-It applies to private employers, with at least 10 employees;

-It applies to all types of hired work: Full-time, Part-time, Contractors, Temporary;


Each State and Local Jurisdiction’s policies may vary slightly. Check yours for more detail.

Criminal history refers to any felony or misdemeanor conviction, which cannot be asked, or questioned, or inferred to, before or during the interview process. By contrast, it does NOT mean an employer cannot ask if a person has even been “arrested”. If one responds affirmatively to being arrested, the above rules apply until an offer of employment is made.

Exceptions are: 1) If an employer is required to do so by law; 2) If the job position requires possession or use of a gun; 3) If a person who has been convicted of a crime is prohibited by law from holding that position.


If, after a conditional offer of employment has been made, and an investigative report uncovered criminal information which warrants an adverse action, a Fair Chance Process must be given. Here are some highlights that it contains:


  • The employer must perform a written assessment linking specific aspects of the criminal history to inherent risks in the duties of the position being sought;
  • The employer must provide the applicant with a written notification of the proposed action, and a copy of it, with other supporting documentation included;
  • The employer must wait (5) business days after the applicant is informed of proposed adverse action before taking that adverse action or filling the position;
  • If the applicant provides the employer with information or documents contesting the decision, the employer must consider the information provided, and give a written assessment of action;
  • If the employer still elects to take adverse action (after the reassessment), it must notify the applicant of the decision in writing, and give a copy of the assessment to the person.


Each employer has specific questions that need answers. West Coast Business Consulting, Inc. can help you answer them by providing an Investigative  Reports tailored to your needs. Go to for more information.

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