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San Francisco's Fair Chance Ordinance Expanded to Prohibit Employers From Making Employment Decisions On Marijuana Offenses That Have Since Been "Decriminalized"


Recently, the San Francisco Board of Supervisors amended the City's Fair Chance Ordinance.  This Ordinance, in effect since 2014, limits an employer's consideration of criminal history in making employment decisions.  One of the key amendments that was approved now prohibits employers from making employment decisions about applicants and employees based upon convictions for crimes that have since been decriminalized.  (This mainly applies to marijuana convictions.)  

As a reminder, California law, specifically California Labor Code 432.8, prohibits employers from inquiring about or basis employment decisions on certain non-felony marijuana convictions that are more than 2 years old.  However, this amendment takes things one step further and expands Labor Code 432.8's restriction to include marijuana convictions (including those that are less than 2 years old), as certain offenses for non-commercial use and cultivation of marijuana has now been legalized in the state.  

Note, at this time, the amendment to the Ordinance does not apply statewide...only for employers and employees in San Francisco. Employers in San Francisco would be wise to review their company's policies to ensure compliance with the amended Ordinance.

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