Security Magazine logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Security Magazine logo
  • NEWS
    • Security Newswire
    • Technologies & Solutions
  • MANAGEMENT
    • Leadership Management
    • Enterprise Services
    • Security Education & Training
    • Logical Security
    • Security & Business Resilience
    • Profiles in Excellence
  • PHYSICAL
    • Access Management
    • Fire & Life Safety
    • Identity Management
    • Physical Security
    • Video Surveillance
    • Case Studies (Physical)
  • CYBER
    • Cybersecurity News
    • More
  • BLOG
  • COLUMNS
    • Career Intelligence
    • Cyber Tactics
    • Cybersecurity Education & Training
    • Leadership & Management
    • Security Talk
  • EXCLUSIVES
    • Annual Guarding Report
    • Most Influential People in Security
    • The Security Benchmark Report
    • Top Guard and Security Officer Companies
    • Top Cybersecurity Leaders
    • Women in Security
  • SECTORS
    • Arenas / Stadiums / Leagues / Entertainment
    • Banking/Finance/Insurance
    • Construction, Real Estate, Property Management
    • Education: K-12
    • Education: University
    • Government: Federal, State and Local
    • Hospitality & Casinos
    • Hospitals & Medical Centers
    • Infrastructure:Electric,Gas & Water
    • Ports: Sea, Land, & Air
    • Retail/Restaurants/Convenience
    • Transportation/Logistics/Supply Chain/Distribution/ Warehousing
  • EVENTS
    • Industry Events
    • Webinars
    • Solutions by Sector
    • Security 500 Conference
  • MEDIA
    • Interactive Spotlight
    • Photo Galleries
    • Podcasts
    • Polls
    • Videos
      • Cybersecurity & Geopolitical Discussion
      • Ask Me Anything (AMA) Series
  • MORE
    • Call for Entries
    • Classifieds & Job Listings
    • Continuing Education
    • Newsletter
    • Sponsor Insights
    • Store
    • White Papers
  • EMAG
    • eMagazine
    • This Month's Content
    • Advertise
  • SIGN UP!
Security Enterprise Services

San Francisco Enacts Law Limiting Use of Criminal Background Checks

February 19, 2014

Employers, contractors and affordable housing providers will have limited use of criminal background checks in vetting workers or tenants under a new San Francisco ordinance signed by San Francisco Mayor Edwin Lee.

The Fair Chance Ordinance requires employers employing 20 or more workers regardless of location–including employment agencies, contractors, subcontractors and housing providers–to limit the use of criminal history information. An estimated one in four California adults has an arrest or conviction record, according to the ordinance.

Employers, housing providers and contractors, including construction contractors, are barred from asking or conducting a background check until the entity determines that the individual’s qualifications meet the requirements for the position or affordable housing unit. Conviction history may be obtained after the first live interview. Applications can’t include inquiries as to convictions, including those judicially dismissed, exonerated or committed while a juvenile.

Not covered under the ordinance are contracts worth less than $5,000 in a fiscal year and property contracts of less than 30 days’ duration. Only applicants and employees who would be or are performing work in furtherance of a contract within the city are covered.

The law doesn’t require an employer to give preference to or hire an unqualified person with an arrest or conviction record or a housing provider to rent to an unqualified tenant, stating: “this Article shall not be construed to limit an employer or housing provider’s ability to choose the most qualified and appropriate candidate from applicants for employment or housing.”

Under the ordinance, which was supported by the San Francisco Chamber of Commerce, the conviction must bear a direct relationship to the housing or position.

The employer or provider must consider whether the position or housing offers the opportunity for the same or a similar offense to occur. Applicants have the right to offer evidence about whether their conviction is inaccurate and offer evidence of rehabilitation and other mitigating factors. Arrests that do not lead to conviction can’t be considered in any manner.

Under the new ordinance, the first violation found during the initial year the ordinance is in effect will result in warnings and notices to correct. Second violations carry a $50 administrative penalty for each employee or applicant, increasing to $100 per employee or applicant violation for a second violation.

Where prompt correction is not forthcoming, the San Francisco Office of Labor Standards Enforcement may refer the matter to the city attorney for civil action.

Relief could include reinstatement, back pay, payment of benefits or salary unlawfully withheld, additional liquidated damages of $50 per employee whose rights were violated and appropriate injunctive relief.

The law goes into effect 30 days after signing and becomes operative in 180 days. (http://about.bloomberglaw.com/law-reports/san-francisco-enacts-law-limiting-use-of-criminal-background-checks/)

KEYWORDS: background check criminal backgrounds

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Recommended Content

JOIN TODAY
To unlock your recommendations.

Already have an account? Sign In

  • Iintegration and use of emerging tools

    Future Proof Your Security Career with AI Skills

    AI’s evolution demands security leaders master...
    Career Intelligence
    By: Jerry J. Brennan and Joanne R. Pollock
  • The 2025 Security Benchmark Report

    The 2025 Security Benchmark Report

    The 2025 Security Benchmark Report surveys enterprise...
    The Security Benchmark Report
    By: Rachelle Blair-Frasier
  • The Most Influential People in Security 2025

    Security’s Most Influential People in Security 2025

    Security Magazine’s 2025 Most Influential People in...
    Most Influential People in Security
    By: Security Staff
Manage My Account
  • Security Newsletter
  • eMagazine Subscriptions
  • Manage My Preferences
  • Online Registration
  • Mobile App
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Security audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Security or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • critical event management
    Sponsored byEverbridge

    Why a Unified View Across IT, Continuity, and Security Makes or Breaks Crisis Response

  • Charlotte Star Room
    Sponsored byAMAROK

    In an Uncertain Economy, Security Is a Necessity - Not an Afterthought

  • Sureview screen
    Sponsored bySureView Systems

    The Evolution of Automation in the Command Center

Popular Stories

Red laptop

Security Leaders Discuss SitusAMC Cyberattack

Cybersecurity trends of 2025

3 Top Cybersecurity Trends from 2025

Green code

Logitech Confirms Data Breach, Security Leaders Respond

Neon human and android hands

65% of the Forbes AI 50 List Leaked Sensitive Information

Cybersecurity predictions of 2026

5 Cybersecurity Predictions for 2026

Top Cybersecurity Leaders

Events

September 18, 2025

Security Under Fire: Insights on Active Shooter Preparedness and Recovery

ON DEMAND: In today’s complex threat environment, active shooter incidents demand swift, coordinated and well-informed responses.

December 11, 2025

Responding to Evolving Threats in Retail Environments

Retail security professionals are facing an increasingly complex array of security challenges — everything from organized retail crime to evolving cyber-physical threats and public safety concerns.

View All Submit An Event

Products

Security Culture: A How-to Guide for Improving Security Culture and Dealing with People Risk in Your Organisation

Security Culture: A How-to Guide for Improving Security Culture and Dealing with People Risk in Your Organisation

See More Products

Related Articles

  • "Fair Chance" Legislation Changes Background Check Rules in San Francisco

    See More
  • biometrics

    San Francisco May Ban the Use of Facial Recognition

    See More
  • San Francisco Museum Employees Protest Use of Thumbprints to Clock in and out of Work

    See More

Related Products

See More Products
  • 9780367030407.jpg

    National Security, Personal Privacy and the Law

  • s and the law.jpg

    Surveillance and the Law: Language, Power and Privacy

  • Security of Information and Communication Networks

See More Products
×

Sign-up to receive top management & result-driven techniques in the industry.

Join over 20,000+ industry leaders who receive our premium content.

SIGN UP TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2025. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing