City of San Francisco Enacts Ordinance Restricting Inquiries About Conviction Histories
September 2, 2014
The ordinance prohibits employers located or doing business in San Francisco that have 20 or more employees (regardless of location) from categorically taking any employment adverse action against an applicant or existing employee. Certain items of information may never be asked about, such as arrests not leading to conviction and juvenile offenses, while felonies and misdemeanors may be asked about only after the first live interview or, at the employer’s discretion, after a conditional offer of employment is made. The ordinance creates a conflict with federal law governing banks. While preemption applies, affected banks still face compliance risks. See CBA’s Regulatory Compliance Bulletin for more information.