Under the San Francisco Fair Chance Ordinance, employers must follow strict rules regarding criminal records. Employers with 5 or more employees worldwide that are located or doing business in the City must comply.
- Employers MAY NOT ask about arrests or convictions on a job application.
- Employers MAY NOT conduct a background check or ask about criminal records until AFTER making a conditional offer of employment.
- Employers may only consider convictions that are directly related to the job, and may never consider 7 types of arrests or convictions, including convictions that are more than 7 years old (see www.sf.gov/olse-fco).
- Before an employer rejects an applicant based on a background check, the employer must: notify the applicant and provide a copy of the background check; give the applicant 7 days to respond; reconsider based on evidence the applicant provides.
See attached poster for details.