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In addition, two California cities—Los Angeles and San Francisco—have ordinances that further limit the use of criminal background checks, including by prohibiting employers from asking about criminal history on job applications, limiting when and how criminal history information can be obtained and used, and imposing notice and posting requirements. Prior to conducting any criminal history inquiry (including running a background check or asking an applicant about their criminal history), employers must provide any applicant or employee with notice of their rights under the ordinance. Employers must post an official notice at every workplace in San Francisco informing applicants and employees of their rights under the ordinance, and provide the notice before conducting background checks. If after conducting this individualized assessment,” the employer decides to take an adverse employment action (e.g., decides it does not want to hire the individual based in whole or in part on criminal history), it first must (1) provide the applicant or employee with a copy of the background check report, if any; (2) notify the applicant or employee of the prospective adverse action; and (3) identify the specific items forming the basis for the prospective adverse action.
Like the San Francisco Fair Chance Ordinance (FCO), the state law regulates how employers use arrest and conviction records in employment decisions and includes many provisions similar to the FCO. Because the new California ban-the-box law provided greater protections to job applicants, the City and County of San Francisco Board of Supervisors (on April 3, 2018) amended the Fair Chance Ordinance (Article 49) to align (in some respects) with the California law. In contrast to the FCRA pre-adverse and adverse action notices—required only if the adverse decision is based on information obtained from a background check report from a CRA—the California notices are required even if the employer doesn't order criminal background check reports from a CRA, but learns of the criminal history from a different source (such as an applicant self-disclosure).
Conduct an individualized assessment of an applicant's conviction to determine whether it has a direct and adverse relationship with the specific duties of the job that justify denying the applicant the position.” Unlike the Los Angeles ban-the-box ordinance (discussed below), the California law does not require employers to provide the applicant with their assessment. Before 2014, when San Francisco enacted a city-wide ban-the-box law, criminal history background checks were largely unregulated in California, except for a handful of Labor Code provisions that barred consideration of certain types of criminal records. The ordinance requires that employers affirmatively state in job advertisements reasonably likely to reach persons who are reasonably likely to seek employment” in San Francisco that the employer will consider qualified applicants with criminal histories.
Perform a free San Francisco County CA public criminal records search, including criminal background checks, criminal history checks, and public records checks. Covered San Francisco employers are barred from considering the following types of criminal records (even though these records are not off-limits in other California cities), subject to narrow exceptions: (i) infractions; (ii) convictions that are older than seven years (measured from the date of sentencing); and (iii) any conviction that arises out of conduct that has been decriminalized since the date of the conviction, measured from the date of sentencing (which would include convictions for certain marijuana and cannabis offenses). The relatively new California ban-the-box law (effective January 1, 2018) and the older Los Angeles and San Francisco ordinances and amendments to the California Labor Code set strict rules on when and how employers can consider criminal and credit histories in employment.
(Suggested language: Pursuant to the San Francisco Fair Chance Ordinance, we will consider for employment qualified applicants with arrest and conviction records.”) Provide the applicant or employee with a copy of the Office of Labor Standards Enforcement's (OLSE”) Fair Chance Act Notice before inquiring about criminal history or ordering a criminal history background check. Before an employer relies in whole or in part on a background check report to take an adverse action” (e.g., rescinding a conditional job offer or discharging an employee), the employer must provide the individual a pre-adverse action” notice, and include with it a copy of the report and the Consumer Financial Protection Bureau's Summary of Rights.
This new law states that it's is unlawful for employers with five or more employees to include on any application for employment any question that seeks the disclosure of an applicant's conviction history, inquire into or consider the conviction history of an applicant until that applicant has received a conditional offer.
https://hr.sfsu.edu/content/background-check
https://upd.sfsu.edu/html/police_reports
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