Effective October 10, 2024, San Diego County’s new Fair Chance Ordinance increases protections for job applicants with conviction records by restricting how employers can use criminal background checks — with additional requirements going beyond existing federal and state laws.
San Diego County’s Fair Chance Ordinance applies to employers located or doing business in unincorporated areas of San Diego County who employ five or more employees. Unlike existing state law, San Diego County’s new ordinance does not exempt employers required by state or federal law to conduct background checks.
Applicants seeking employment are covered — including current employees seeking promotions who perform at least an average of two hours of work weekly within the unincorporated areas.
The new ordinance applies to various types of work, including remote work, physically occurring within the unincorporated areas of San Diego County as well as all contracts where services will be provided to San Diego County.
San Diego County’s Fair Chance Ordinances shares some similarities with existing state law; for instance, covered employers must wait until after making a conditional offer of employment to inquire about an applicant’s criminal history.
But then the new ordinance adds new employer requirements. For example, when employers complete a required individualized assessment considering whether to reject an applicant based on their criminal history, this new ordinance requires this assessment be in writing. Additionally, when completing the individualized assessment process, an employer may not fill the open position for a specified time frame unless “exigent circumstances” apply — which is not defined.
San Diego County’s new ordinance also imposes greater administrative penalties for employer violations compared to current state penalties — with penalties ranging from up to $20,000 per violation for repeat offenders.
Employers who conduct or intend to conduct background checks or inquiries on employees working within the unincorporated areas of San Diego County should take steps to understand and comply with this new ordinance, which starts soon!
Vanessa M. Greene, J.D., Employment Law Subject Matter Expert, CalChamber
CalChamber members can read more about Restrictions on Obtaining Criminal History in the HR Library. Not a member? Learn how to power your business with a CalChamber membership.
