Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—Amendments to San Francisco Fair Chance Ordinance coming in August, (Aug 3, 2026)
Law Firms Mentioned:Jackson Lewis
Organizations Mentioned:Jackson Lewis, PC
By Sayaka Karitani of Jackson Lewis P.C.
Recently, San Francisco amended its Fair Chance Ordinance (FCO) to further differentiate it from the State of California's Fair Chance Act. The amendments take effect on August 10, 2026.
The FCO applies to employers located or doing business in San Francisco with five or more employees. Like the state Fair Chance Act, it bars covered employers from asking about arrest or conviction records before a conditional offer and from considering certain records, including arrests that did not result in a conviction.
The FCO also requires covered employers to:
Allow individuals to present mitigating evidence before adverse action based on conviction history or an unresolved arrest.
State in job postings that qualified applicants with arrest or conviction records will be considered.
Employers also must conspicuously post the official FCO Notice at each workplace/job site under their control.
Amendments
Under the amendments, employers may no longer use certain out-of-state convictions or unresolved arrests as a basis for adverse employment decisions where the underlying conduct is lawful under California law and related to:
Abortion-related healthcare
Drag performances
Gender-affirming care
Spontaneous abortion.
The amendments also increase administrative penalties for violations.
Sayaka Karitani
Jackson Lewis P.C.
666 3rd Ave 28th Floor
New York
NY 10017
United States
Tel.: +1 212 545 4000
E-mail: myupdates@jacksonlewis.com
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Attorneys: (Jackson Lewis).
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