The nationwide “ban-the-box” movement is part of government’s effort to remedy blanket disqualification of job applicants with criminal records. Ban-the-box laws typically require employers to eliminate the criminal history question on a job application, reduce an employer’s accessibility to criminal records until after extending a conditional job offer, and require the criminal offense to be relevant for that job position to use it as a disqualifying factor.

Following San Francisco,  Los Angeles City, Los Angeles County, and California’s statewide Fair Chance Act, San Diego County (the County) has adopted the San Diego County Fair Chance Ordinance (FCO). See also, San Diego County Fair Chance Ordinance hiring toolkit.

Effective October 10, 2024, the FCO applies to any employer — including job placement agencies — located or doing business in the unincorporated areas of the County that employs five or more employees.

The FCO also covers individuals whose employment involves, or will involve, performing at least two hours of work on average each week within the unincorporated County.

Covered employers should pay particular attention to these unique points:

Rescinding the Conditional Job Offer:

An employer subject to the FCO must make a written individualized assessment of whether the applicant’s criminal history has a direct and adverse relationship with the specific duties of the job that justify withdrawing the conditional job offer, along with written notice of the person’s right to file a complaint with the County.

Holding the Position:

Barring exigent circumstances requiring the position to be filled immediately, the employer must keep the position open for up to 10 business days to permit the applicant to respond to the employer’s preliminary decision to withdraw the conditional job offer.

Recordkeeping Obligations:

Employers must retain all documents related to the written assessment for one year following the receipt of the employment application.

Penalties:

Violators can incur penalties of up to $20,000 for each aggrieved applicant or employee.

Take-Aways:

Covered employers should carefully review their job postings, webpages, and conditional job offer letters to ensure proper compliance with statewide and local fair chance legislation.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Annual Virtual Seminar, Friday, January 17, 2025 or Friday, February 28, 2025, Covering Employment Legal Essentials and New Workplace Laws (October 10, 2024)
• What’s New in 2024- Los Angeles County Fair Chance Ordinance Effective September 3, 2024 (August 15, 2024)
• Give Peeps a Chance – Civil Rights Department Sues Ralphs for Violating Fair Chance Act (January 26, 2024)

Cindy Bamforth
November 27, 2024