The San Francisco Board of Supervisors passed legislation in February that requires private-sector employers to comply with the Fair Chance Ordinance (FCO), commonly known as “ban the box,” that will require employers to follow strict rules regarding potential new hires and employees’ and their criminal history. The ordinance covers employees who perform work, in whole or in substantial part, in the City and County of San Francisco, whose employers are located or doing business in the city and have 20 or more employees worldwide. The FCO Ordinance goes into effect Aug. 13.
The “Ban the Box” legislation applies to any vocation, job or work including temporary, seasonal, part-time, contract, contingent and commission-based work. It also applies to work performed through the services of a temporary or other employment agency, and any form of vocational or educational training, with or without compensation.
The ordinance specifies:
- which criminal history matters are off-limits to the employer and cannot be used during any stage of the hiring process under any circumstances
- when an employer can ask about an individual’s criminal history
- the interactive process that the employer must engage in should the employer ask about the individual’s criminal history.
The ordinance also requires covered employers to:
- state in all job ads that qualified applicants with criminal histories will be considered for the position in accordance with this ordinance
- conspicuously post the Official FCO Notice in every jobsite under the employer’s control
- maintain and retain accurate records of employment, application forms and other pertinent data for three years
- allow the Office of Labor Standards Enforcement (OLSE) reasonable access to these records for monitoring and compliance purposes
- provide yearly compliance reports to the OLSE.
Employers may not take an adverse action against an applicant or employee, such as refusing to hire, discharging or not promoting the individual, for exercising their rights under the ordinance or cooperating with the OLSE.
See the Fair Chance Ordinance full text.
Official Notice Poster
Office of Labor Standards Enforcement website.
For more information, contact Javier Gonzalez, Government Affairs + Public Policy Director, at 408.416.6344 or firstname.lastname@example.org.