Fair Chance Ordinance

  • 2018 Amendment: The San Francisco Board of Supervisors passed an amendment to the Fair Chance Ordinance (FCO) in April 2018. The legislation takes effect on October 1, 2018. The amendment expands the scope of the ordinance to cover all employers with 5 or more employees. 

 

 

  • The new PDF iconFCO Poster must be posted at each workplace or job site as of October 1, 2018.

 

Overview

FCO poster thumbnailThe 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 on a job application.

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 fco@sfgov.org.

 

* Reflects amendment provisions will take effect on October 1, 2018. See the amendment legislation for details.

Statutory Authority

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 will become 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.

 

Forms and Documents

  • PDF iconFCO Poster (PDF in English, Spanish, Chinese and Tagalog) - 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.
  • Know Your Rights Handout for job applicants (PDF)
  • Frequently Asked Questions (PDF)
  • Annual Reporting Form - Employers covered by the Fair Chance Ordinance are required to submit the Employer Annual Reporting Form by April 30 each year. The 2017 Employer Annual Reporting Form is no longer available. The 2018 Employer Annual Reporting Form will be available online by April 1, 2019, and will be due by April 30, 2019.

Related Web Links

  • The California Fair Chance Act (AB-1008) took effect on January 1, 2018. Like the San Francisco Fair Chance Ordinance (FCO), the state law regulates how employers use arrest and conviction records in employment decisions and includes many provisions similar to the FCO.  Employers in San Francisco must comply with both laws.

Contact Us

 
  • Please email fco@sfgov.org or call 415-554-5192 if you have questions about your rights and responsibilities under the San Francisco Fair Chance Ordinance.
  • Sign up for email updates! Join the OLSE email list to receive periodic updates about San Francisco labor laws.
 

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