On July 10, 2026, the San Francisco Board of Supervisors amended the Fair Chance Ordinance (FCO), placing additional restrictions and requirements on employers who make employment decisions based on criminal history (the “Amendment”). The Amendment took effect on August 10, 2026. The Amendment prohibits employers from taking adverse action based on out-of-state criminal history related to conduct that is lawful in California, including abortion-related health care, drag performances, gender-affirming care, and spontaneous abortion. The Amendment also requires employers to take additional steps prior to issuing adverse action based on criminal history and increases the administrative penalty for violations and the amount of liquidated damages available in a lawsuit.
A growing number of states and municipalities have passed “fair chance” laws that, to varying degrees, prohibit employers from inquiring into a job applicant’s criminal background during the hiring process or restrict employers from using certain criminal conviction information in connection with their hiring decisions. Recently, Los Angeles County joined this group and New York City is posed to again amend the rules for its existing law. The Los Angeles developments create new intricacies for employers, while the New York actions may be best understood as clarification of existing law. In either case, keeping up with the changes is important for employers who are hiring in those locations.
Los Angeles County’s New Law
The Los Angeles County Fair Chance Ordinance for Employers (“FCO”) was adopted by the Los Angeles County Board of Supervisors on February 7, 2024, and becomes operative on September 3, 2024. The FCO was designed to complement California’s “Ban-the Box” law, called the Fair Chance Act (“FCA”), and introduces additional compliance requirements for covered employers, including, but not limited to, mandatory language for job postings and solicitations, and written notice requirements in connection with the extension of a conditional offer of employment.
Recent Updates
- New Jersey’s Employer Response Portal: What You Need to Know
- Final Rules Dismantle Civil Rights Protections for Minorities, Women, Individuals with Disabilities, and Veterans
- U.S. Court of Appeals Decision Highlights Retaliation Risks During Employee Separations
- Fast Facts About the DOL Proposed Rule for Electronic Disclosures for ERISA Group Health Plans
- San Francisco Amends its Fair Chance Ordinance