California Employment Law Blog

Banning the Box Again: San Francisco Further Expands Its "Fair Chance Ordinance"

Posted by Tim Del Castillo | Apr 28, 2018 | 0 Comments

Image of Golden Gate Bridge

As widely reported earlier this year, California passed a state-wide prohibition on asking applicants about their criminal history before a conditional offer of employment is made.  For those unfamiliar, an excellent summary can be found here

Not to be outdone, this month San Francisco amended its “ban-the-box” law or Fair Chance Ordinance (FCO).  The new law passed on April 13, 2018 and takes effect on October 1, 2018.  The FCO already restricted several types of convictions that employers are never allowed to inquire into.  This is an important distinction from the state-wide law, which does allow inquiry into conviction history after a conditional offer of employment. 

Specifically, employers in San Francisco, may never ask about “(1) An Arrest not leading to a Conviction, excepting under circumstances identified in this Section as an Unresolved Arrest; (2) Participation in or completion of a diversion or a deferral of judgment program; (3) A Conviction that has been judicially dismissed, expunged, voided, invalidated, or otherwise rendered inoperative, by way of example but not limitation, under California Penal Code sections 1203.4, 1203.4a, or 1203.41; (4) A Conviction or any other determination or adjudication in the juvenile justice system, or information regarding a matter considered in or processed through the juvenile justice system; or (5) A Conviction that is more than seven years old, the date of Conviction being the date of sentencing; or (6) Information pertaining to an offense other than a felony or misdemeanor, such as an infraction.” 

Now, starting on October 1, 2018, employers in San Francisco cannot ask about “[a] Conviction that arises out of conduct that has been decriminalized since the date of the Conviction, the date of the Conviction being the date of sentencing.  Examples of statutes that have decriminalized particular conduct include but are not limited to California Health and Safety Code Sections 11362.1 and 11362.2.”  In other words, employers in San Francisco may will not be permitted to ask about a conviction for something that used to be a crime, but no longer is.

Why is this important for employers in San Francisco and beyond?  First, beyond the obvious requirements for San Francisco employers, it is a good reminder for employers throughout the state that many local jurisdictions impose local ordinances and regulations on employers that can be more stringent than state law.  Second, the Health and Safety Code section referenced are California's new cannabis laws.  Similar changes to state-wide employment laws are likely, especially with regard to medical accommodation laws.  Employers should track these developments and ensure that their workplace policies and practices comply with federal, state, and local requirements.  

About the Author

Tim Del Castillo

Tim practices employment law in California and represents both employees and employers in federal and state courts, administrative hearings, arbitrations, mediations, and in direct negotiations. Tim also offers advice and counsel and training to businesses to help them achieve compliance with California employment laws.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

QUALITY REPRESENTATION FROM A TRUSTED ADVISOR.

Castle Law’s goal is to become your trusted advisor and to provide real value for all of your employment law needs. To become our client’s trusted advisors, we aim to provide quality representation and sound advice time and again.

FREE CONSULTATION.

There is no charge for the initial phone consultation. Attorney Tim Del Castillo will personally speak with you about your case and provide you with an honest analysis. Fill out the contact form on the website with detailed information about your circumstances and we will schedule a telephone appointment.

Copyright © 2018 Tim Del Castillo

Attorney Timothy B. Del Castillo is responsible for the content on this website, which may contain an advertisement. The information on this website does not constitute an attorney-client relationship and no attorney-client relationship is formed until conflicts have been cleared and both parties have signed a written fee agreement. Please do not send any confidential information through the website. The materials and information on this website are for informational purposes only and should not be relied on as legal advice. PRIOR RESULTS DO NOT GUARANTEE FUTURE OUTCOMES. Any testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Menu