Effective August 10, 2026, San Francisco’s amendments to the Fair Chance Ordinance prohibit employers from using certain out-of-state convictions in making hiring and firing decisions and require employers to acknowledge receipt of certain communications from candidates and employees.

Quick Hits

• San Francisco recently amended its Fair Chance Ordinance to prohibit employers from making adverse employment decisions based on out-of-state criminal convictions or arrests for abortion, miscarriage, gender-affirming care, and drag performances.
• If an employer sends notice to a candidate or employee regarding an intent to take adverse action based upon a criminal history and the candidate or employee timely responds, the employer must send a reply within fourteen days, confirming receipt.
• The amendments increased administrative penalties and potential liquidated damages for violations.
• The legislation took effect on August 10, 2026.

Employers in San Francisco must comply with both the statewide Fair Chance Act and the San Francisco Fair Chance Ordinance.

San Francisco’s Fair Chance Ordinance already prohibited employers in San Francisco with more than five employees anywhere from inquiring about prior arrests and convictions on job applications or before presenting a conditional job offer. The Fair Chance Ordinance applies to adverse employment actions, including refusing to hire, discharging, or refusing to promote an individual. The law covers full-time, part-time, temporary,...

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