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)