San Francisco recently posted FAQs describing key provisions of the city’s Fair Chance Ordinance (“Ordinance”), which took effect on August 13, 2014. The “bans the box,” Ordinance prohibits most private employers and contractors in the city from asking job applicants about their criminal histories until after the first interview or following a conditional offer of employment. In addition, the Ordinance restricts the types of criminal offenses about which employers and contractors may inquire or otherwise may consider when making hiring and personnel decisions. And, the Ordinance affords expansive anti-retaliation protections to employees who complain of violations, and imposes various notice, posting, and record-retention obligations on employers and contractors in connection with criminal background inquiries.
San Francisco employers should carefully review the guidance described in this post and take any necessary additional measures to ensure compliance with the Ordinance.