Updated May 4, 2021 - San Francisco Waives 2020 Reporting Requirement
The City of San Francisco has waived the employer reporting requirement for the Fair Chance and Health Care Security Ordinances for calendar year 2020 due to the COVID-19 public health crisis. The San Francisco Board for Supervisors passed the ordinance granting a one-time waiver on April 20, 2021, and Mayor Breed signed the legislation on April 30, 2021. Note that employers are required to comply with all other aspects of the Fair Chance and Health Care Security Ordinances. See the legislative record for details.
The Fair Chance Ordinance (FCO) requires employers to follow strict rules regarding applicants’ and employees’ arrest and conviction record(s) and related information. Employers with 5 or more employees (total worldwide) and City contractors, subcontractors, and leaseholders are covered by the FCO.
The FCO applies to positions in which the employee works or will work at least eight hours per week in San Francisco, including temporary, seasonal, part-time, contract, contingent, and commission-based work. It also covers work performed through the services of a temporary or other employment agency, and any form of vocational or educational training - with or without pay.
The Fair Chance Ordinance (FCO) prohibits covered employers from asking about arrest or conviction records until after a conditional offer of employment.
The FCO also prohibits covered employers from ever considering the following:
- An arrest not leading to a conviction, except for unresolved arrests.
- Participation in a diversion or deferral of judgment program.
- A conviction that has been dismissed, expunged, otherwise invalidated, or inoperative.
- A conviction in the juvenile justice system.
- An offense other than a felony or misdemeanor, such as an infraction.
- A conviction that is more than 7 years old (unless the position being considered supervises minors or dependent adults).
- A conviction for decriminalized conduct, including the non-commercial use and cultivation of cannabis.
In addition, the Ordinance requires covered employers to:
- State in all job solicitations/ads that qualified applicants with arrest and conviction records will be considered for the position in accordance with this ordinance. (Suggested language: “Pursuant to the San Francisco Fair Chance Ordinance, we will consider for employment qualified applicants with arrest and conviction records.”)
- Conspicuously post the Official FCO Notice in every workplace/jobsite under the employer’s control.
- Before taking adverse action such as failing/refusing to hire, discharging, or not promoting an individual based on a conviction history or unresolved arrest, give the individual an opportunity to present evidence that the information is inaccurate, the individual has been rehabilitated, or other mitigating factors (following procedures outlined in Police Code Section 4909 or Administrative Code Section 12T.4).
- Provide yearly compliance reports to the OLSE.
If you have questions about the San Francisco Fair Chance Ordinance or wish to report a violation of the law, call 415-554-5192 or email firstname.lastname@example.org.
The San Francisco Board of Supervisors passed the Fair Chance Ordinance (FCO) in February, 2014. On April 3, 2018, the San Francisco Board of Supervisors passed an amendment to the FCO. The amendment became operative on October 1, 2018.
Note that the Fair Chance Ordinance also applies to housing providers: See the Human Rights Commission website for information on that portion of the Ordinance.
- FCO poster (PDF in English, Spanish, Chinese and Filipino) - must be posted at each workplace or job site as of October 1, 2018. Applies to employers citywide with 5 or more employees and City contractors of any size. The poster must be posted in English, Spanish, Chinese, and any language spoken by at least 5% of the employees at the workplace. Employers must also provide a copy of the poster to each applicant or employee before the employer conducts a background check.
- FCO Slide Deck from an OLSE presentation on the requirements of the ordinance.
- 2019 Employer Annual Reporting Form. Employers covered by the Fair Chance Ordinance are required to report on their compliance with the law during each year by April 30th of following year. However, the 2019 annual reporting requirement for the Fair Chance Ordinance and Health Care Security Ordinance was cancelled, consistent with the Mayor's February 25th, 2020 Emergency Proclamation.
- FCO Enforcement Report April 2019 The report summarizes complaints filed with the OLSE regarding consideration of criminal history in employment, as required by Ordinance No. 54-18 (File No. 171170).