San Francisco Expands Fair Chance Ordinance, Tightens Employer Rules
San Francisco employers and affordable housing providers must update background-check procedures by August 10 to comply with expanded protections for out-of-state records and steeper penalties for violations.
Amendments to San Francisco’s Fair Chance Ordinance, effective August 10, prohibit covered employers and affordable housing providers from considering out-of-state arrests or convictions for conduct lawful in California, including abortion-related healthcare, drag performances, gender-affirming care, and spontaneous abortion. The law also formalizes the adverse-action process with specific deadlines: seven days for individuals to respond to a pre-adverse action notice, 14 days for employers to confirm receipt and delay action, and 30 days to issue a final decision. Administrative penalties for noncompliance double, with first violations now carrying a $1,000 fine. Employers operating in San Francisco should review screening criteria, update notices and templates, and train relevant staff and vendors on the new requirements.