San Francisco Expands Fair Chance Ordinance Requirements: 3 Steps for Employers to Take Now
Businesses with employees or job applicants in San Francisco should review their job applications and background screening procedures to ensure compliance with new local rules. Amendments to the City and County of San Francisco’s Fair Chance Ordinance (FCO) recently went into effect, placing additional restrictions on employers regarding the use of criminal history in employment decisions. Here’s what you need to know about the expanded requirements and three steps you should consider taking now.
Overview of the Fair Chance Ordinance
- San Francisco’s FCO took effect in 2014 as a local “ban the box” regulation and went through notable amendments in 2018 and again in 2026.
- It applies to employers who conduct business within the City and County of San Francisco and who have five or more employees located or doing business in San Francisco.
- Like California state law, the FCO requires employers to follow strict rules when considering arrest and conviction records and related information for job applicants and employees.
Expanded to Cover Out-of-State Conduct
The most recent amendment to San Francisco’s FCO adds a new category of protected conduct that employers cannot consider in their hiring decisions. Employers are now prohibited from factoring in convictions or unresolved arrests in other states for activities that are legal in California, specifically involving:
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