San Francisco Amends Fair Chance Ordinance

May 2nd, 2018 | Sterling

On April 3, 2018, the City of San Francisco approved amendments to the San Francisco Fair Chance Ordinance. These changes make the ordinance more in line with the requirements of the statewide California Ban the Box law. The amendments will be effective October 1st, 2018. Please see below for a summary of the amendment:

  • The amendment changes the definition of an employer from someone that employees twenty people to five people.
  • The amendment adds to the list of items upon which an employer is not allowed to inquire, require disclosure, or base an adverse action; the list now includes a conviction that arises out of conduct that has been decriminalized since the date of the conviction.
  • Employers previously were allowed to require applicants to disclose their conviction history after the first interview with the person or after a conditional offer of employment; this is now restricted until after a conditional offer of employment.

The amended law also increases the penalties for violations for employers; $500 for the first violation, $1,000 for the second and $2,000 for subsequent violations. Under the original ordinance, violations for employers was $50.00. The penalties apply to each applicant violated.  The law still allows enforcement by the Office of Labor Standards Enforcement, and it also allows applicants to file a civil action in certain circumstances.

The full text of the amendment can be found here https://sfgov.legistar.com/View.ashx?M=F&ID=5879503&GUID=66BD1AC1-F6DF-45D4-A3BC-D559F4185AA4

The information contained herein is for informational purposes only. Clients are encouraged to consult with their legal counsel on the impact of this new law. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice.

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