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.

If you have questions about the amendments to the San Francisco FCO or related issues, contact a Jackson Lewis attorney to discuss.