Monday, August 18, 2014

San Francisco Latest City to Ban Employers from Asking Applicants About Criminal History in Initial Application

Effective August 13, 2014, San Francisco’s “Fair Chance Ordinance” prohibits San Francisco employers from asking applicants about their criminal history on the initial employment application.  Like other areas of the country with similar laws, it is only unlawful to inquire in the initial application.  After a "live interview" has been conducted, an employer may then ask about an applicant's criminal history ("except as to matters that are off limits").  As many people are aware, Wisconsin, under the Wisconsin Fair Employment Act (WFEA), allows employers to ask questions about an applicant's conviction record during the initial application, which does lead to a lot of litigation in and of itself, as issues surrounding the truthfulness of an applicant's information is often litigated.

For those curious about the new San Francisco ordinance, a FAQ can be found here, and the Notice Posting can be found here

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