Updated March 26, 2022 - 2021 Employer Annual Reporting Form 

Employers covered by the San Francisco Fair Chance Ordinance and/or the Health Care Security Ordinance are required to report on their compliance with the law by submitting an Employer Annual Reporting Form. The 2021 form is due by midnight on May 2, 2022 or subject to penalties of $500 per quarter.

2021 Employer Annual Reporting Form

Fair Chance Ordinance Annual Reporting Form (ARF) Webinar

ARF Webinar Slides - Fair Chance Ordinance

Overview

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 fco@sfgov.org.

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 became operative on October 1, 2018.

• Article 49 of the San Francisco Police Code - Employers with 5 or more employees

• San Francisco Administrative Code Section 12T - City contractors, subcontractors, and leaseholders

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

• 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.

• ​ 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).

• 2021 Employer Annual Reporting Form
  Employers covered by the San Francisco Fair Chance Ordinance and/or the Health Care Security Ordinance are required to report on their compliance with the law by submitting the 2021 Employer Annual Reporting Form. The form is due by midnight on May2, 2022 or subject to penalties of $500 per quarter.

​​​2021 Employer Annual Reporting Form

Webinar - Fair Chance Ordinance Annual Reporting Form (ARF) 

ARF Webinar Slides - Fair Chance Ordinance 

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.