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Fair Chance Ordinance Takes Effect
Aug 15, 2014
Dear Employers and Employer Representatives,
I am pleased to remind you that the
Fair Chance Ordinance, passed by the San Francisco Board of Supervisors in
February, goes into effect today, August 13, 2014.
The Fair Chance Ordinance applies to San Francisco employers
with 20 or more employees
(who perform work anywhere), City contractors, and housing
providers. The ordinance limits the use of arrest and
conviction records, and requires covered employers and housing providers to follow certain procedures and
restrictions when inquiring about this information.
few key points to know about the Fair Chance Ordinance (FCO):
- The FCO prohibits employers from asking about a job
applicant’s arrest and conviction record until after a live interview (See FAQ #22 for
- The FCO prohibits employers from ever reviewing some
types of criminal history information, such as arrests not leading to a
conviction, convictions more than 7 years old, and others (see FAQ #26).
- The FCO does not limit an employer’s ability to
choose the most qualified and appropriate candidate among job applicants (See
FAQs #5 and #6).
- The FCO does not supersede state or federal laws
requiring criminal history background checks for some positions, such as in
schools, etc. (See FAQ #4).
review our new Frequently Asked Questions (PDF) for more information on how the FCO affects employers and City contractors. FAQ #2 provides a summary of employers’
responsibilities under the ordinance.
have additional questions, you can also visit our Fair Chance Ordinance website
or contact us at [email protected] or (415) 554-5192.
Donna Levitt, Manager
Office of Labor Standards
City and County of San Francisco