San Francisco Fair Chance Ordinance Posting Update

Posted on by

Now covers private employers with 5 or more employees

San Francisco 
Fair Chance Ordinance Posting 
Update
  • New limit on when an employer may inquire into an applicant’s or employee’s criminal record
  • New category of information designated as strictly “Off Limits”
  • Mandatory posting update for all covered employers and all city contractors and subcontractors
What’s new?

Recent amendments to the San Francisco Fair Chance Ordinance go into effect on October 1, 2018.  Under the amended provisions, the Fair Chance Ordinance (FCO):

  • expands to cover private employers located or doing business in San Francisco that employ 5 or more employees (worldwide)
  • prohibits an employer from inquiring about an unresolved arrest or criminal conviction until after a conditional offer of employment has been made
  • prohibits an employer from ever asking about, seeking records of, or considering information about conduct decriminalized since the conviction date, such as non-commercial use and cultivation of cannabis

Who is required to post the Official FCO Notice?

All covered private employers and city contractors and subcontractors are required to post the Official FCO Notice at the workplace or job site. The FCO Notice has been revised to reflect the recent amendments to the FCO. The Notice must be posted by Oct. 1, 2018.