San Diego County recently passed its own Fair Chance Ordinance which takes effect on October 10, 2024. The ordinance applies to businesses operating in the unincorporated areas of San Diego County. Similar to the Los Angeles County ordinance, it requires employers to assess the risk presented by an applicant’s criminal history in relation to the position sought.

Covered Employers

The ordinance covers employers with five or more employees, doing business in the unincorporated areas of San Diego County.

Covered Employees

The law applies to employees performing at least two hours of work on average each week within the unincorporated areas of the County.

The ordinance specifies that it includes remote work from a location within the unincorporated areas of the County.

Prohibitions Under Ordinance

Under the ordinance covered employers are prohibited from:

• Declaring in a job posting or similar listing any limitation due to a conviction or arrest unless required by law.
• Include in an application or similar document prior to a conditional offer of employment, any question that directly or indirectly asks about the individual’s criminal history.
• Taking an adverse action against an applicant based on a criminal history information until after a conditional offer of employment is made.
• Inquire or consider certain items such as convictions that have been sealed, diversion programs, or arrests not followed by conviction.

Employer Obligations

Under the ordinance covered employers who intend to take adverse action in response to an applicant’s criminal history shall make a written individualized assessment of whether the criminal history has a direct and adverse relationship with the specific duties of the job. If an employer decides to take adverse action based on an applicant’s criminal history, they must provide the applicant with a written notice, a copy of the background check report, and an opportunity for the applicant to respond.

Employers must retain records related to all employment applications and written assessments for one year following receipt.