by Jennifer L. Mora, Pamela Q. Devata - Seyfarth

Seyfarth Synopsis: Employers operating in San Francisco need to comply with significant changes to the City’s Fair Chance Ordinance (FCO), which are already in effect. The Board of Supervisors amended the law to shield applicants and employees from adverse employment consequences tied to certain out-of-state arrests and convictions—and to tighten the procedural requirements employers must follow before taking adverse action based on criminal history. The amendments took effect August 10, 2026. Covered employers that have not yet updated their policies, procedures, and training should do so now, because any noncompliance since that date could give rise to liability.