Employer Compliance Procedures

Employment is broadly defined. The FTC has provided additional information for what can be considered employment, beyond direct employees, subject to the FCRA:

Section 603(h) defines “employment purposes” to mean “a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.”

1. RELATION TO OTHER SECTIONS The term “employment purposes” is used as part of the definition of “consumer reports” (section 603(d)) and as a permissible purpose for the furnishing of consumer reports (section 604(a)(3)(B)). When an employer procures reports for employment purposes, it must make certain certifications and disclosures, and obtain consumer consent. (See section 604(b). When a CRA furnishes public record information in reports “for employment purposes,” it must provide notice to the consumer or maintain strict procedures for keeping the information up to date. (See section 613.)70

2. INDEPENDENT CONTRACTORS, AGENTS, AND VOLUNTEERS Because the term “employment purposes” is interpreted liberally to effectuate the broad remedial purpose of the FCRA, it may apply to situations where an entity uses individuals who are not technically employees to perform duties.71 Thus, it includes a trucking company that obtains consumer reports on individual drivers who own and operate their own equipment;72 a title insurance company that obtains consumer reports on individuals with whom it frequently enters into contracts to sell its insurance, examine title, and close real property transactions;73 or a nonprofit organization staffed in whole or in part by volunteers.74

3. SECURITY CLEARANCES A consumer report used in connection with security clearances of a government contractor’s employees would be for “employment purposes” under this section.75

(1) Initial Individualized Assessment. If an employer intends to deny an applicant the employment position they were conditionally offered based solely or in part on the applicant’s conviction history, the employer must first conduct an individualized assessment – a reasoned, evidence-based determination of whether the applicant’s conviction history has a direct and adverse relationship with the specific duties of the job that justify denying the applicant the position.

(B) The individualized assessment must include, at a minimum, consideration of the following factors:

(i) The nature and gravity of the offense or conduct.

(ii) The time that has passed since the offense or conduct and/or completion of the sentence.

(iii) The nature of the job held or sought.

(2) Notice of Preliminary Decision and Opportunity for Applicant Response. If after conducting an initial individualized assessment, the employer makes a preliminary decision that the applicant’s conviction history disqualifies the applicant from the employment conditionally offered, the employer shall notify the applicant of the preliminary decision in writing. The written notice to the applicant may, but is not required to, justify or explain the employer’s reasoning for making the decision. However, the notice to the applicant must include all of the following:

(A) Notice of the disqualifying conviction or convictions that are the basis for the preliminary decision to rescind the offer.

(B) A copy of the conviction history report utilized or relied on by the employer, if any (such reports include, but are not limited to: consumer reports, credit report, public records, results of internet searches, news articles, or any other writing containing information related to the conviction history that was utilized or relied upon by the employer).

(C) Notice of the applicant’s right to respond to the notice before the preliminary decision rescinding the offer of employment becomes final.

(D) An explanation informing the applicant that if the applicant chooses to respond, the response may include submission of either or both of the following types of evidence: evidence challenging the accuracy of the conviction history report that is the basis for the preliminary decision to rescind the offer or evidence of rehabilitation or mitigating circumstances.

(E) Notice of the deadline for the applicant to respond, if the applicant chooses to do so.

(i) The deadline for providing a response must be at least five business days from the date of receipt of the notice. An employer may offer an applicant more than five business days to respond to the notice regarding its preliminary decision.

(ii) If notice is transmitted through a format that does not provide a confirmation of receipt, such as a written notice mailed by an employer without tracking delivery enabled, the notice shall be deemed received five calendar days after the mailing is deposited for delivery for California addresses, ten calendar days after the mailing for addresses outside of California, and twenty calendar days after mailing for addresses outside of the United States.

(iii) If notice is transmitted through email, the notice shall be deemed received two business days after it is sent.

(F) If the applicant timely notifies the employer in writing that the applicant disputes the accuracy of the conviction history being relied upon and that the applicant is taking specific steps to obtain evidence supporting the applicant’s assertion, then the applicant shall be permitted no fewer than five additional business days to respond to the notice before the employer’s decision to rescind the employment offer becomes final.

(3) Reassessment. The employer shall consider any information submitted by the applicant before making a final decision regarding whether or not to rescind the conditional offer of employment.

(4) Final Decision. If the employer makes a final decision to rescind the conditional offer and deny an application based solely or in part on the applicant’s conviction history, the employer shall notify the applicant in writing.  However, any notice to the applicant must include the following:

(A) The final denial or disqualification decision reached. The employer may also include, but is not required to include, the justification or an explanation of the employer’s reasoning for reaching the decision that it did;

(B) Any procedure the employer has for the applicant to challenge the decision or request reconsideration; and

(C) The right to contest the decision by filing a complaint with the Civil Rights Department

A. An Employer shall not take an Adverse Action against an Applicant to whom a Conditional Offer of Employment has been made based on an Applicant’s Criminal History unless the Employer performs 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 sought by the Applicant. In performing the assessment, the Employer shall, at a minimum, consider the factors identified by the United States Equal Employment Opportunity Commission and other factors as may be required by rules and guidelines promulgated by the DAA.
B. An Employer, prior to taking an Adverse Action against an Applicant, shall provide that person a Fair Chance Process, including the provision of

• written notification of the proposed Adverse Action,
• a copy of the written assessment performed pursuant to Section 189.03(A) and
• any other information or documentation supporting the Employer’s proposed Adverse Action.

The Employer shall not take an Adverse Action or fill the Employment position sought by the Applicant for a period of at least 5 business days after the Applicant is informed of the proposed Adverse Action in order to allow the Applicant to complete the Fair Chance Process. If the Applicant provides the Employer with any information or documentation pursuant to the Fair Chance Process, then the Employer shall consider the information or documentation and perform a written reassessment of the proposed Adverse Action. If the Employer, after performing the reassessment of the proposed Adverse Action, takes the Adverse Action against the Applicant, then the Employer shall notify the Applicant of the decision and provide that Applicant with a copy of the written reassessment.

In making an employment decision based on an applicant’s or employee’s conviction history, an employer shall conduct an individualized assessment.(g) If an Employer intends to base an Adverse Action on any item or items in the applicant’s or employee’s conviction history, prior to taking any adverse action the employer shall provide the applicant or employee with a copy of the background check report, if any, and shall notify the applicant or employee of the prospective adverse action and the items forming the basis for the prospective adverse action.

(b) After extending an applicant a conditional offer of employment, an employer, employment agency or agent thereof may inquire about the applicant’s arrest or conviction record if before taking any adverse employment action based on such inquiry, the employer, employment agency or agent thereof:
(1) Provides a written copy of the inquiry to the applicant in a manner to be determined by the commission.
(2) Requests from the applicant information relating to the relevant fair chance factors.
(3) Performs an analysis as required by paragraphs (a) and (c) of subdivision 10 of this section.
(4) Provides a written copy of such analysis to the applicant in a manner to be determined by the commission, which shall include but not be limited to supporting documents that formed the basis for an adverse action based on such analysis and the employer’s or employment agency’s reasons for taking any adverse action against such applicant; and
(5) After giving the applicant the inquiry and analysis in writing, allows the applicant a reasonable time to respond, which shall be no less than five business days and during this time, holds the position open for the applicant.
(c) Before taking any adverse employment action against a current employee based on a criminal conviction, or pending arrest or criminal accusation, the employer, employment agency or agent thereof shall:
(1) Request from the employee information relating to the relevant fair chance factors;
(2) Perform an analysis as required by paragraphs (b) and (c) of subdivision 10 of this section;
(3) Provide a written copy of such analysis to the employee in a manner to be determined by the commission, which shall include but not be limited to supporting documents that formed the basis for an adverse action based on such analysis and the employer’s or employment agency’s reasons for taking any adverse action against such employee; and
(4) After giving the employee the inquiry and analysis in writing, allow the employee a reasonable time to respond before taking adverse action.

(a) If an employer intends to rescind a conditional offer based on an item or items in the applicant’s arrest record or conviction record, before rescinding the conditional offer the employer must:

• Provide the applicant with a copy of any criminal record report;
• Notify the applicant of the intention to rescind the conditional offer and the items that are the basis for the intention to rescind the conditional offer; and
• Delay rescinding the conditional offer for 7 days to permit the applicant to give the employer notice of inaccuracy of an item or items on which the intention to rescind the conditional offer is based.

(b) If an employer decides to rescind a conditional offer based on the arrest record or conviction record of an applicant, the employer much notify the applicant of the rescission of the offer of conditional offer in writing.

(b) If an employer intends to rescind a conditional offer based on an item or items in the applicant’s arrest record or conviction record, before rescinding the offer of employment the employer shall:

• Provide the applicant with a copy of any criminal record report;
• Notify the applicant of the intention to rescind the offer of employment and the items that are the basis for the intention to rescind the offer of employment; and
• Delay rescinding the offer of employment for seven (7) days to permit the applicant to give the employer notice of inaccuracy of an item or items on which the intention to rescind the offer of employment is based.

(c) If an employer decides to rescind an offer of employment based on the arrest record or conviction record of an applicant, the employer much notify the applicant of the rescission of the offer of employment in writing.

(2) A prospective employer shall not reject an applicant based on his or her criminal record, unless such record includes conviction for an offense that bears such relationship to the employment sought that the employer may reasonably conclude that the applicant would present an unacceptable risk to the operation of the business or to co-workers or customers, and that exclusion of the applicant is compelled by business necessity. An employer shall make a determination regarding such risk only after reviewing the applicant’s specific record and the particular job being sought, and conducting an individualized assessment of the risk presented. Such assessment shall include:

• The nature of the offense;
• The time that has passed since the offense;
• The applicant’s employment history before and after the offense and any period of incarceration;
• The particular duties of the job being sought;
• Any character or employment references provided by the applicant; and
• Any evidence of the applicant’s rehabilitation since the conviction.

(3) A city agency or private employer may consider, for employment purposes, a prospective employee’s conviction record only to the extent that the conviction occurred fewer than seven (7) years from the date of the inquiry. Any period of incarceration shall not be included in the calculation of the seven (7) year period.  Notice: If an employer rejects an applicant for a job opening based in whole or in part on criminal record information, the employer shall notify the applicant in writing of such decision and its basis, and shall provide the applicant with a copy of the criminal history report. The employer shall allow the applicant ten (10) business days to provide evidence of the inaccuracy of the information or to provide an explanation.

1. In making the determination of whether an applicant’s criminal history is job related for the position in question and consistent with business necessity, an Employer must conduct an individualized assessment of:

• The nature and gravity of the criminal offense;
• The time that has elapsed since the criminal offense took place; and
• The nature of the Employment sought or held.

1. Nothing in this section prevents an employer from considering an applicant’s criminal history after making a conditional offer of employment, except that an employer shall not consider:

• An arrest not leading to a conviction, except where a crime is unresolved or charges are pending against an applicant;
• Convictions that have been judicially voided or expunged; or
• Charges that have been resolved through the completion of a diversion or deferral of judgment program for offenses not involving physical harm or attempted physical harm.

1. If, after consideration of an applicant’s criminal history an employer rescinds the conditional offer of employment, the employer shall notify the applicant in writing of its decision and shall identify the relevant criminal convictions on which the decision is based.
   B. For the following positions, an Employer may consider an applicant’s criminal history at any point in the hiring process, and may use the City Criminal History Matrix provided by administrative rule to screen applicants, but must nonetheless comply with all other requirements of this Chapter. An individualized assessment shall be required for any criminal convictions not contained on the City Criminal History Matrix.

• Positions involving direct access to or the provision of services to children, the elderly, persons with disabilities,
• Persons with mental illness, or individuals with alcohol or drug dependence or substance abuse disorders;
• Positions which have been determined by administrative rule to present heightened public safety concerns or a business necessity;
• Positions designated by the Employer as part of a federal, state, or local government program designed to encourage the employment of those with criminal histories.

(E)An employer may not take adverse action against an individual because of the individual’s criminal history unless the employer has determined that the individual is unsuitable for the job based on an individualized assessment conducted by the employer.
(F)An employer who takes adverse action against an individual based on the individual’s criminal history must inform the individual in writing that the adverse action was based on the individual’s criminal history.
INDIVIDUALIZED ASSESSMENT means an evaluation of the criminal history of an individual that includes, at a minimum, the following factors:
(1) the nature and gravity of any offenses in the individual’s criminal history;
(2) the length of time since the offense and completion of the sentence; and
(3) the nature and duties of the job for which the individual has applied.

F. Before taking any tangible adverse employment action solely based on an applicant’s or employee’s criminal conviction record, the conduct relating to an arrest record, or pending criminal charge, the employer shall identify to the applicant or employee the record(s) or information on which they are relying and give the applicant or employee a reasonable opportunity to explain or correct that information. G. Employers shall hold open a position for a minimum of two business days after notifying an applicant or employee that they will be making an adverse employment decision solely based on their criminal conviction record, the conduct relating to an arrest record, or pending charge in order to provide an applicant or employee a reasonable opportunity to respond, correct or explain that information. After two business days, employers may, but are not required, to hold open a position until a pending charge is resolved or adjudicated or questions about an applicant’s criminal conviction history or conduct relating to an arrest are resolved.

Before taking adverse action against an employment applicant, or employee, if the action is based on the subject’s CORI or any other criminal history information, then the employer or volunteer organization shall: (a) comply with applicable federal and state laws and regulations; (b) notify the subject in person, by telephone, fax, or electronic or hard copy correspondence of the potential adverse employment action; (c) provide a copy of the subject’s CORI or criminal history information to the subject; (d) identify the source of the CORI or criminal history information;(f) identify the information in the subject’s CORI or criminal history information that forms any basis for the potential adverse action; (g) provide the subject with the opportunity to dispute the accuracy of the information contained in the CORI or criminal history information, (i) document all steps to comply with 203 CMR 2.20.

2. A prospective employer shall not reject an applicant based on his or her criminal record, unless such record includes conviction for an offense that bears such relationship to the employment sought that the employer may reasonably conclude that the applicant would present an unacceptable risk to the operation of the business or to co-workers or customers, and that exclusion of the applicant is compelled by business necessity. An employer shall make a determination regarding such risk only after reviewing the applicant’s specific record and the particular job being sought and conducting an individualized assessment of the risk presented. Such assessment shall include:
3. The nature of the offense;
4. The time that has passed since the offense;
5. The applicant’s employment history before and after the offense and any period of incarceration;
6. The particular duties of the job being sought;
7. Any character or employment references provided by the applicant; and
8. Any evidence of the applicant’s rehabilitation since the conviction.
   3. An employer may consider a prospective employee’s conviction record only to the extent that the conviction occurred fewer than ten (10) years from the date of application.
   4. If an employer rejects an applicant for a job opening based in whole or in part on criminal record information, the employer shall notify the applicant in writing of such decision and its basis, and shall provide the applicant with a copy of the criminal history report. The employer shall allow the applicant ten (10) business days to provide evidence of the inaccuracy of the information or to provide an explanation.

Conviction Record
(A) Unless otherwise authorized by law, it is a civil rights violation for any employer, employment agency or labor organization to use a conviction record as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment (whether “disqualification” or “adverse action”), unless:

• there is a substantial relationship between one or more of the previous criminal offenses and the employment sought or held; or
• the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

(B) In making a determination the employer shall consider the following factors:
1. the length of time since the conviction;
2. the number of convictions that appear on the conviction record;
3. the nature and severity of the conviction and its relationship to the safety and security of others;
4. the facts or circumstances surrounding the conviction;
5. the age of the employee at the time of the conviction; and
6. evidence of rehabilitation efforts
Preliminary Notification
(C) If, after considering the mitigating factors in subsection (B), the employer makes a preliminary decision that the employee’s conviction record disqualifies the employee, the employer shall notify the employee of this preliminary decision in writing. The notification shall contain all of the following:
1). notice of the disqualifying conviction or convictions that are the basis for the preliminary decision and the employer’s reasoning for the disqualification;

2). a copy of the conviction history report, if any; and

3). an explanation of the employee’s right to respond to the notice of the employer’s preliminary decision before that decision becomes final.  The explanation shall inform the employee that the response may include, but is not limited to, submission of evidence challenging the accuracy of the conviction record that is the basis for the disqualification, or evidence in mitigation, such as rehabilitation.

The employee shall have at least 5 business days to respond to the notification provided to the employee before the employer may make a final decision.
Final Notification
The employer shall consider information submitted by the employee before making a final decision. If an employer makes a final decision to disqualify or take an adverse action solely or in part because of the employee’s conviction record, the employer shall notify the employee in writing of the following:
1) notice of the disqualifying conviction or convictions that are the basis for the final decision and the employer’s reasoning for the disqualification;
2) any existing procedure the employer has for the employee to challenge the decision or request reconsideration; and
3) the right to file a charge with the Department.

Criminal History

(a)  Employers shall not inquire into or use arrest record as a basis to refuse to hire, to segregate, or to act

with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges, or conditions of employment.
(b) Employers shall not use a person’s conviction record as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment, unless:

• applicable law excludes applicants with certain criminal convictions from the relevant position;
• there is a substantial relationship between one or more of the criminal offenses in the person’s conviction record and the employment sought or held; and
• the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

(c) Factors Considered.  In  making a determination pursuant to subsection (b)(3) and (b)(4), the employer shall consider the following factors:
(1) the length of time since the conviction:
(2) the number of convictions that appear on the conviction record:
(3) the nature and severity of the conviction and its relationship to the safety and security of others;
(4) the facts or circumstances surrounding the conviction;
(5) the age of the employee at the time of the conviction; and
(6) evidence of rehabilitation efforts.
(d) In the event any employer makes a preliminary decision that the applicant’s or employee’s conviction record disqualifies the applicant or employee, the employer shall notify the applicant or employee of this preliminary decision in writing.  Notification. The notification shall contain all of the following:
(A) notice of the disqualifying conviction or convictions or anything else in the conviction record that is the basis for the preliminary decision and the employer’s reasoning for the disqualification;
(B) a copy of the conviction record, if any; and
(C) an explanation of the applicant’s or employee’s right to respond to the notice of the employer’s preliminary decision before that decision becomes final. The explanation shall inform the employee that the response may include, but is not limited to, submission of evidence challenging the accuracy of the conviction record that is the basis for the disqualification, or evidence in mitigation, such as rehabilitation.
Employee Response.  The applicant or employee shall have at least 5 business days to respond to the notification provided to the applicant or employee before the employer may make a final decision.
Final decision. The employer shall consider information submitted by the applicant or employee before making a final decision. If an employer makes a final decision to disqualify or take an adverse action solely or in part because of the applicant’s or employee’s conviction record the employer shall notify the applicant or employee in writing of the following:
(A) notice of the disqualifying conviction or convictions or anything else in the conviction record that is the basis for the final decision and the employer’s reasoning for the disqualification;
(B) any existing procedure the employer has for the applicant or employee to challenge the decision or request reconsideration; and
(C) the right to file a complaint with the Commission.

An employer may not take adverse action against an individual because of the individual’s criminal history unless the employer has determined that the individual is unsuitable for the job based on an individualized assessment conducted by the employer. Prior to taking adverse action against an individual because of the individual’s criminal history, an employer must: (a) inform the individual of the basis for the decision; (b) provide the individual with the criminal history records used by the employer in consideration of the individual’s application; and (c) provide the individual a reasonable opportunity to provide the employer with additional context about the criminal history records and any information demonstrating the individual’s rehabilitation and good conduct since the occurrence of the criminal offense.  An employer who takes adverse action against an individual based on the individual’s criminal history must inform the individual in writing that: (a) the adverse action was based on the individual’s criminal history; and (b) include the following statement in the notice: This notice is provided in accordance with the City of Gainesville Code of Ordinances, Chapter 14.5, Section 14.5-181, which regulates the process and timing of criminal background checks conducted on job applicants.

If an employer intends to deny an applicant or employee a position of employment or rescind a conditional offer of employment made to an applicant, or take any other adverse action against an employee, solely or in part because of the applicant’s or employee’s criminal history, the employer must first conduct an initial individualized assessment documented in writing of whether the applicant’s or employee’s criminal history has a direct, adverse and negative bearing on the applicant’s or employee’s ability to perform the duties or responsibilities necessarily related to the applied-for position, such that it justifies denying the applicant or employee the employment position or justifies taking an adverse action against an employee.  The initial individualized assessment must include at a minimum, consideration of the following factors:

1. Nature and gravity of the offence or conduct, including but not limited to, consideration of whether the harm was to property or people, the degree or severity of the harm or offense, the age of the applicant or employee when the conduct occurred, the permanence of the harm or offense;
2. The time that has passed since the offense or conduct and/or completion of the sentence;
3. The nature of the employment position sought or held, including consideration of the specific duties of the job, whether the employment position offers the opportunity for the same or similar offense to occur, and whether circumstances leading to the conduct for which the person was convicted or that is the subject of an unresolved arrest will occur in the employment position; and
4. If the applicant or employee voluntarily provides to the employer any evidence of rehabilitation or mitigating circumstances before or during the initial individualized assessment, that evidence must also be considered as part of the initial individualized assessment.

Preliminary Notice of Adverse Action.

If after performing the initial individualized assessment, the employer intends to withdraw or rescind a conditional offer of employment and/or take any other adverse action, the employer shall provide the applicant or employee with a Preliminary Notice of Adverse Action.  The Preliminary Notice of Adverse Action must be sent to the applicant or employee via both regular mail and email, if an email address is available, containing the following information:

• Notice that the employer intends to withdraw or rescind the conditional offer of employment and/or take any other adverse action due to the applicant’s or employee’s criminal history;
• An explanation of the applicant’s or employee’s right to respond to the Preliminary Notice of Adverse Action before that decision becomes final including information regarding:

1) the waiting periods and timelines to respond which must be displayed in bold font, underlined, or in all capital letters (ALL-CAPS); and

2) the response may include evidence challenging the accuracy of the criminal background report, and/or voluntary submission of evidence of rehabilitation or mitigating circumstances.

• A copy of the initial individualized assessment;
• Notice of the disqualifying conviction(s) that are the basis for the intended adverse action;
• A copy of the criminal background report(s)

Waiting Period prior to taking Adverse Action.

The applicant or employee shall have at least five (5) business days to respond to the preliminary notice of adverse action before the employer can make a final decision of whether to withdraw the conditional offer of employment and/or take an adverse action. 

If, however, within the five (5) business days the applicant or employee notifies the employer in writing that they:

• Dispute the accuracy of the criminal background check report or criminal history information that was the basis for the preliminary notice of adverse action and that the applicant or employee is taking steps to obtain evidence supporting that assertion; and/or
• The applicant or employee needs additional time to obtain written evidence of rehabilitation or mitigating circumstances.

Then the individual shall be provided at least ten (10) additional business days to respond to the preliminary notice of adverse action.

Employer’s Consideration of Applicant or Employee Response and Second Individualized Assessment. 

The Employer shall consider all information and documents, whether written or oral, timely submitted by the Applicant or Employee before making a final decision or taking an adverse action.  The Employer will perform a Second Individualized Assessment, which shall be documented in writing…., consideration of the following factors:

1. The Nature and gravity of the offense or conduct, including but not limited to, consideration of whether the harm was to property or people, the degree or severity of the harm or offense, the age of the applicant or employee when the conduct occurred, and the permanence of the harm or offense.
2. The time that has passed since the offense or conduct and/or completion of the sentence.
3. The nature of the employment position sought or held, including consideration of the specific duties of the job, whether the employment position offers the opportunity for the same or a similar offense to occur, and whether circumstances leading to the conduct for which the person was convicted or that is the subject of an unresolved arrest will recur in employment position.
4. Any and all evidence of rehabilitation or mitigating circumstances, whether provided in written form or orally.
5. Any documents disputing the accuracy of the criminal background report or criminal history information, and/or documents or information providing an explanation regarding criminal history information.

Final Notice of Adverse Action.

If after performing the second individualized assessment, the employer makes a final decision to withdraw the conditional offer of employment or take any other adverse action, the employer shall notify the applicant or employee in writing both via regular mail and electronic mail, if email address is available, of the following:

1. Notice that the employer has made a final decision to withdraw the conditional offer of employment or take adverse action against the applicant or employee.
2.  A copy of the second individualized assessment.
3. Notice of the disqualifying conviction(s) that are the basis for the final adverse action.
4. Information regarding any existing procedure the employer has for the applicant or employee to challenge the decision or request reconsideration.
5. Notice of the applicant’s or employee’s right to file a complaint with the Los Angeles County Department of Consumer & Business Affairs (“DCBA”) and with the state’s civil Rights Department.