CHAPTER 27. FAIR CHANCE ORDINANCE
In California, one in five residents has a criminal record. In San Diego, data from the Alternatives to Incarceration (ATI) initiative highlighted a significant need for employment opportunities among justice-involved populations in our County. In an effort to address this barrier on a State level, the Fair Chance Act (FCA) was enacted in January 2018 to level the playing field for job candidates with past convictions seeking new employment upon reentry into the community. Although the FCA represents a step forward, both State and local jurisdictions have identified areas for improvement in its implementation and have worked to enhance its enforcement.
Ensuring individuals with criminal records have fair and equitable access to opportunities for gainful employment is critical to making communities safer and achieving rehabilitative outcomes. Further, research has found that system-impacted individuals perform the same as or better than employees without criminal records and are more loyal to their employers than their counterparts. However, the use of unlawful hiring methods surrounding criminal backgrounds persists.
In collaboration with community groups and business organizations supporting formerly incarcerated individuals, the Office of Labor Standards and Enforcement (OLSE) has identified a mechanism by which the County can expand support and dismantle employment barriers in our region. This includes establishing a local Fair Chance Ordinance (Ordinance) to complement the state FCA and clarify justice-involved worker rights. This Ordinance creates additional protections and enforcement mechanisms to ensure meaningful implementation. By creating a streamlined process for lodging complaints about discriminatory hiring practices, the County demonstrates its commitment to supporting those seeking to reintegrate into the workforce, reducing recidivism rates, and supporting the successful reintegration of justice-involved individuals into our community.
(Added by Ord. No. 10914 (N.S.), effective 10-10-24)
(a) "Adverse action" means an Employer's action or decision that materially and adversely affects the terms, conditions, or privileges of Employment of an Applicant or Employee.
(b) "Applicant" means any individual applying for employment, transfer, or promotion whose employment position involves performing at least two (2) hours of work on average each week within the unincorporated areas of the County.
(c) "Conditional Offer of Employment" means an Employer's offer of Employment to an Applicant conditioned on the completion of certain specified requirements or conditions.
(d) "Conviction" means a record from any jurisdiction that includes information indicating that a person has been convicted of a felony or misdemeanor, provided the person was placed on probation, fined, imprisoned, or paroled because of the Conviction.
(e) "County" means the County of San Diego.
(f) "Criminal Background Check Report" means any Criminal History report or conviction history report.
(g) "Criminal History" means information regarding one or more Convictions or Arrests.
(h) "Employee" means an individual whose Employment position involves performing at least two (2) hours of work on average each week within the unincorporated areas of the County.
(i) "Employer" means an Employer located or doing business in the unincorporated areas of the County, with five or more employees. "Employer" includes any entity that evaluates an Applicant's or Employee's Criminal History on behalf of an Employer or acts as an agent of Employer. "Employer" does not include the County, its departments, any other local governmental agency or unit, or any unit of the state or federal government.
(j) "Employment" means any work provided in furtherance of an Employer's business enterprise within the unincorporated areas of the County, which includes remote work from a location within the unincorporated areas of the County.
(k) "OLSE" means the County of San Diego Office of Labor Standards and Enforcement.
(l) "Particular Conviction" means a conviction for specific criminal conduct, or a category of criminal offenses prescribed by any federal law, federal regulation, state law, or state regulation that contains requirements, exclusions, or both, expressly based on that specific criminal conduct or category of criminal offenses.
(Added by Ord. No. 10914 (N.S.), effective 10-10-24)
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