The San Francisco Fair Chance Ordinance (“FCO”) includes the following amendments to the existing “Ban the Box” laws and are now effective as of October 1, 2018.
The amended ordinance reduces the number of employees needed to qualify as a covered employer from twenty to five.
The FCO currently allows the employer to inquire into conviction history (and order background reports) after either a live interview with the applicant or a conditional offer of employment is made to the applicant. Under the amended ordinance, San Francisco employers can no longer request conviction history information after the interview, but rather, must wait until after a conditional offer of employment is made.
The amended ordinance prohibits inquiring about, requiring disclosure of, or basing employment decisions on convictions for decriminalized behavior, including, but not limited to, convictions for the non-commercial use and cultivation of cannabis. Existing law permitted this if it was seven years older or less.