August 13, 2014 the San Francisco Fair Chance Ordinance (FCO) becomes effective. Under the ordinance, covered employers must follow strict rules regarding applicants’ and employees’ arrest and conviction record(s) and information related to such records, as well as, post notice in the workplace for employees and applicants to view. This new ordinance applies to employers with 20 or more employees, City contractors and subcontractors, and housing providers; although housing providers are required to post a housing-specific notice, that link is provided below.
Under the Fair Chance Ordinance employers must:
- Include a statement in job solicitations and employment ads that qualified applicants with arrest records will be considered for positions,
- Conspicuously post the FCO 4 language poster in every workplace and job site (employers with 20 or more employees and City contractors and subcontractors) (housing providers must post a separate housing-specific 4 language poster),
- Maintain and retain accurate employment records, applicant forms and other related data for three (3) years, and
- Allow the Office of Labor Standards Enforcement (OLSE) reasonable access to employee-related records and provide the agency with annual compliance reports.
Employers cannot take adverse action against an applicant or employee for exercising their rights or for cooperating with the OLSE. Some examples of adverse action include failing to or refusing to hire, discharging, or deliberately passing up an individual for a promotion.
The ordinance covers employees:
- Who perform work, wholly or in substantial part, in the City and County of San Francisco;
- Whose employers are located or doing business in the City and employ 20 or more employees (regardless of the employees’ locations/total employees worldwide).
This includes any vocation, job, or work, and includes seasonal, part-time, contract, contingent, and commission-based work. The ordinance does cover work performed through staffing/employment/personnel agencies and any form of vocational or educational training whether or not an individual is paid.
Compliance with San Francisco’s many labor-related laws is simple. Compliance Poster Company’s HR Research and Compliance Team has tracked the ordinance since its introduction. To purchase the Mandatory-To-Post Notices click on the links below.
San Francisco, California Fair Chance Ordinance 4 Language Poster #05051 (English, Spanish, Chinese and Tagalog) for $17.95. This is required for employers with 20 or more employees and City contractors and subcontractors.
Housing providers must post a separate 4 language poster. Click here to place your order for the San Francisco Fair Chance Ordinance poster for Housing Providers, #05052, 19″ x 25″ for $17.95. In addition to displaying the mandatory poster, housing providers must supply a paper format of the poster to individuals prior to performing a background check on them.