San Diego County recently passed a Fair Chance Ordinance that went into effect October 10, 2024. The ordinance applies to businesses operating in the unincorporated areas of San Diego County and aligns with the state’s existing Fair Chance Act as well as similar laws in other California jurisdictions (e.g., San Francisco and the City of Los Angeles).
A few key points of the new ordinance include:
- Applies to employers with five or more employees and to employees working at least two hours per week in the County’s unincorporated areas.
- Prohibits employers from asking about or considering an applicant’s criminal history before making a conditional job offer.
- Requires a written individualized assessment to determine if an applicant’s criminal history directly relates to the job duties.
- If adverse action is taken based on the applicant’s criminal history, employers must provide a written notice, a copy of the background check report, and an opportunity for the applicant to respond.
Although the San Diego ordinance largely follows existing state fair chance provisions, there are a few requirements that should be specifically noted:
- The ordinance applies to remote workers.
- The individualized assessment does have to be written, but it does not have to be provided to the applicant.
- Any preliminary notice sent to the applicant must include notice of the right to file a complaint with both the California Civil Rights Department and the County of San Diego Office of Labor Standards and Enforcement.
- Records must be retained for a period of one year from the application of employment.
- There is no private right of action under the ordinance; however, civil penalties for non-compliance can range from $5,000 – $20,000.
To ensure compliance with the new ordinance, employers should consider the following:
- Review and Update Hiring Policies: Ensure that job postings and application forms comply with the new ordinance by removing any questions about criminal history.
- Train Hiring Managers: Educate those involved in the hiring process about the ordinance requirements and the importance of conducting individualized assessments.
- Document Assessments: Keep detailed records of all assessments and decisions related to criminal history for at least one year.