In February 2014, GIS reported that the San Francisco City Council unanimously passed the San Francisco Fair Chance Ordinance (FCO), which places restrictions on the use of criminal history information by employers, housing providers, city contractors, and city subcontractors. On April 3, 2018, San Francisco amended their Fair Chance Ordinance (FCO) to coincide with certain provisions of California’s state-wide ban-the-box law that went into effect on January 1, 2018. The amendments to the San Francisco FCO took effect on October 1, 2018.
What This Means to You:
- This applies to all employers, housing providers, city contractors, and city sub in the City/County of San Francisco who employ five or more people.
- Employers may no longer inquire into or consider convictions for decriminalized behavior, regardless of when the conviction occurred.
- Employers may not request or consider criminal background information until after a conditional offer of employment.
- The penalties for violations of the FCO have increased and must be paid to the person impacted by the violation, not the City/County of San Francisco.
- In Official San Francisco Fair Chance Ordinance Notice, employers are required to provide applicants the updated notice prior to inquiring into conviction history, and it must be posted where it is easily accessible to all employees and applicants.
For more information about the FCO amendments, click these links:
*GIS | HireRight’s Blog is provided for informational purposes only and should not be construed as legal advice. Any statutes or laws cited in this article should be read in their entirety. If you or your customers have questions concerning compliance and obligations under United States or International laws or regulations, we suggest that you address these directly with your legal department or outside counsel.