San Francisco Board of Supervisors Passes Fair Chance Ordinance, Creating New Requirements for Employers During the Hiring Process

San Francisco City Hall. Justin Sullivan/Getty images.

San Francisco City Hall. Justin Sullivan/Getty images.

by Gayane Khechoomian

As of August 13, 2014, San Francisco businesses with 20 or more employees are required to review an individual’s qualifications before inquiring about that person’s arrest and conviction record(s) and related information.

The San Francisco Board of Supervisors passed the Fair Chance Ordinance (“FCO”) requiring that employers limit the use of criminal history information and follow certain procedures and restrictions when inquiring about and using conviction history information.

Specifically, the ordinance outlines (1) which criminal arrest and conviction records cannot be used during the hiring process, (2) when employers can ask about criminal arrests and convictions, and (3) what interactive process the employer must engage in with regard to the individual’s arrest and conviction record.

In addition, employers covered by the FCO must include in all job ads or solicitations a statement that the employer will consider qualified applicants with criminal histories in a manner consistent with the requirements of the FCO.

The ordinance covers all jobs temporary, seasonal, part-time, contract, contingent, and commission-based. It also covers those who do work through a temporary or employment agency, and educational or vocational training.

Read more here.

The Grady Firm. P.C. attorneys provide employment document drafting and legal counsel for business owners and Human Resources Managers.  To learn how we may be able to assist you, schedule a complimentary 15-minute consultation with our attorneys here, or call (323) 450-9010.

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