Covered employers
Private employers and City contractors with 5 or more employees worldwide if any work is performed in San Francisco.
Timing of inquiry
No conviction-history inquiry until after a conditional offer; arrests not leading to conviction, sealed records, and infractions other than DUI are off-limits at every stage.
Individualized assessment
Required and must directly link the conviction to the inherent duties of the position; convictions older than 7 years generally cannot be considered.
Adverse-action workflow
Provide the candidate a copy of the report and the basis for the contemplated decision, then wait at least 7 days before finalizing adverse action.
Notice & posting
Mandatory FCO notice posted in workplaces and on job ads; annual reporting to the Office of Labor Standards Enforcement.
Enforcement & penalties
Office of Labor Standards Enforcement (OLSE). Penalties up to $100 for a first violation, then $200–$500 per subsequent violation per affected applicant, plus mandated training.
Citations
- S.F. Police Code Art. 49 §§4901–4920