San Diego Fair Chance Ordinance

Effective October 10, 2024, a new ordinance in San Diego County impacts how employers with 5 or more employees handle criminal history in hiring. This ordinance applies to businesses operating in the unincorporated areas of San Diego County. This means it does not apply to those operating solely within incorporated cities like San Diego city itself, Chula Vista, or Oceanside.  Here is what you should know.

What is the San Diego Fair Chance Ordinance (FCO)?

The FCO is a "ban-the-box" law that aims to give individuals with a criminal history a fair chance at employment. It prohibits employers from:

• Inquiring about an applicant's criminal history before making a conditional job offer. This includes applications, interviews, and even informal inquiries.
• Considering criminal history in hiring decisions unless it directly relates to the job duties.

How does this differ from the California Fair Chance Act (CFCA)?

The FCO essentially mirrors the existing CFCA but applies specifically to unincorporated areas of San Diego County. This means there's now local enforcement in addition to state-level enforcement.

What do you need to do to comply?

1. Update Hiring Practices: Remove any questions about criminal history from job applications and initial interviews.
2. Conditional Offer First: Make a conditional job offer before conducting a background check or inquiring about criminal history.
3. Individualized Assessment: If a background check reveals criminal history, conduct a written assessment considering:
   • The nature and gravity of the offense
   • Time passed since the offense
   • Nature of the job and its duties
4. Adverse Action Notice: If denying employment based on the assessment, provide the applicant with:
   • A copy of the background check report
   • A written explanation of the decision
   • An opportunity to respond

Key Reminders:

• Documentation is crucial: Keep records of individualized assessments and any adverse action notices.
• Consistency is key: Apply these rules consistently to all applicants to avoid discrimination claims.

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