San Francisco, CA: Updates to San Francisco’s Ban-the-Box Ordinance


Employers with 5 or more San Francisco Employees


October 1, 2018


Contact HR On-Call

(888) 378-2456

San Francisco has amended its Fair Chance Ordinance for restrictions on employee criminal history inquiries. Effective October 1, 2018, the Fair Chance Ordinance will now apply to employers with 5 or more employees, rather than the currently stated 20 or more employees. Additionally, employers will be prohibited from making pre-employment conviction history inquiries until after a conditional offer of employment, to bring the Ordinance in line with current California requirements.

Of particular note, employers will be prohibited from inquiring about or requiring disclosure of convictions of decriminalized behavior, including convictions for the non-commercial use and cultivation of marijuana, regardless of when they occurred. California employers are already prohibited from inquiring about certain non-felony marijuana convictions that are more than two years old. This departure from state requirements will mean that employers need to carefully reexamine background check procedures to ensure compliance with the local Ordinance.

Action Items

  1. Have background check procedures reviewed and revised consistent with the Ordinance amendments.
  2. Have hiring personnel trained on updated requirements.
  3. Have applicable policies and documents, such as employment applications, offer letters, etc., updated to reflect changes to the Ordinance.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2018 ManagEase

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