Board adopts local fair-chance ordinance to reinforce state law on conviction-history hiring

The Board voted to introduce a local fair-chance ordinance intended to reinforce California's Fair Chance Act (FEHA) and to provide a local complaint and educational pathway to improve employment opportunities for justice-involved residents.

County staff from the Office of Labor Standards and Enforcement (OLSE) described the state Fair Chance Act (effective 2018) which generally prohibits employers with five or more employees from asking about conviction history before making a conditional job offer. The county ordinance adds local clarity and enforcement mechanisms: it requires employers to perform and retain a written individualized assessment after background checks, gives job applicants five business days to respond to an adverse-prehire finding (with a short exception for critical-need positions), and requires written notice to applicants about complaints and OLSE contact information. OLSE said it will focus first on education, outreach and templates to help employers comply; civil penalties are intended as a last resort and would not be imposed before July 1, 2025, and first violations would not be penalized in the proposed structure.

Board members supported expanding access to employment for formerly incarcerated residents while some raised concerns about employer liability and the impact on small businesses. Supervisor Desmond registered the sole no vote at final adoption of the introduced ordinance because of specific concerns about three state bills in the related package and about the applicability threshold; the ordinance was otherwise adopted. Staff will return with formal ordinance language and operational details to implement education, intake and a complaint process.