The San Francisco Board of Supervisors passed an amendment to the city and county Fair Chance Ordinance (FCO) in April 2018. The official law took effect on October 1, 2018.
The new amendment broadened the scope of the ordinance to cover all employers with five or more employees. The Fair Chance Ordinance mandates employers to follow strict procedures pertaining to applicants’ and employees’ conviction and arrest record(s).
Employers with five or more employees company-wide, including city contractors, subcontractors, and lease holders, are subjected to the Fair Chance Ordinance.
This pertains to positions in which the employee performs duties at least eight hours per week in San Francisco, including contract, seasonal, temporary, part-time, contingent workforce, and even commission-based work.
The ordinance also covers employment agencies, staffing agencies, and any form of education or vocational training (paid or unpaid).
Additionally, employers covered by the Fair Chance Ordinance must display the poster featured above explaining the FCO, along with providing a copy to an applicant before inquiring about previous criminal history.
Employers can stay up-to-date of new and changing Ban-the-Box laws and Fair Chance Act initiatives by downloading our newest Ban-the-Box infographic, which is periodically updated to provide all states, counties, cities, and municipalities nationwide that have implemented some form of Fair Chance Act initiatives.
If employers fail to comply with these laws, fines, and penalties may be in the millions since there is not a capped amount associated with violations of the FCRA. Professional applicants may also maliciously set up employers who are not in compliance with Ban-the-Box laws for the applicant’s own personal gain, even if no actual harm was done.
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