Employer obligations continue to be added in CA!
San Diego County enacted the Fair Chance Ordinance for the unincorporated areas of San Diego County,aimed at increasing employment opportunities for individuals with criminal histories.
This ordinance, which took effect October 10, largely mirrors the existing California Fair Chance Act, while introducing some new requirements.
Employer obligations
The San Diego County Fair Chance Ordinance enhances the California Fair Chance Act in several key ways. The following is not an exhaustive list, but employers who are located or do business in unincorporated areas of San Diego County should be aware of these obligations:
- The ordinance applies to any employer with five or more employees located in the unincorporated areas of San Diego County or doing business there, regardless of the employer’s location.
- The ordinance protects employees and applicants whose primary job location averages two or more hours of work each week within an unincorporated area of the County, including remote work performed from an unincorporated area.
- Employers are prohibited from using language in a job advertisement or posting indicating that a person with a conviction or arrest will not be considered for employment.
- The required individualized assessment of the applicant’s or employee’s criminal history must be in writing, but the employer does not have to provide a copy of the written assessment.
- There are new notice requirements, and the preliminary and final determination notices must advise applicants and employees of their right to file a complaint with the California Civil Rights Department and the County of San Diego Office of Labor Standards and Enforcement.
- If a job offer is revoked, the applicant has a review and response period. During this period, the employer may not fill the position absent exigent circumstances.
- Starting on July 1, 2025, employers can face administrative penalties for non-compliance ranging from $5,000 to $20,000.
How to comply
To ensure compliance with the new San Diego County ordinance, employers should do the following:
- Review and update documents. Ensure that job postings and application forms comply by removing any questions about conviction history, and review documents related to criminal background checks, including pre-adverse action letters and adverse action letters.
- Train hiring managers. Educate those involved in the hiring process about the ordinance’s requirements and the importance of conducting individualized assessments.
- Assess recordkeeping procedures. Review recordkeeping procedures to ensure compliance, and maintain required records of all assessments and decisions.
The County has published the ordinance and provided additional guidance. Violations can result in significant penalties. An applicant or employee has one year to file a complaint with the Office of Labor Standards and Enforcement for violations of the ordinance, and three years to file a complaint with the Civil Rights Department for violations of the California Fair Chance Act.
And, for those employers who do business in the unincorporated areas of Los Angeles County, don’t forget about the Los Angeles County Fair Chance Ordinance, which we discussed here.
