Did You Know…San Francisco “Bans The Box”: Are Your Job Applications Up To Snuff?


San Francisco recently “banned the box” by adopting the Fair Chance Ordinance, which prohibits the popular criminal history check box on employment applications.  Last year, the California Legislature passed Senate Bill 530 and Assembly Bill 218, further limiting the type of information employers may ask job applicants regarding their criminal history.  San Francisco’s Fair Chance Ordinance, however, takes these limitations a bit further.  Under the ordinance, employers with 20 or more employees in San Francisco are prohibited from inquiring into an applicant’s criminal history during the first interview.  Even once employers may inquire into criminal history, they may ask only about misdemeanor and felony convictions that occurred in the last seven years.  Any inquiry into an applicant’s criminal history, whether conducted by the employer or a background check agency, must be disclosed to the applicant.

In light of these changes, make sure to audit and update your job application forms and consult counsel to ensure compliance.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nossaman LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.