San Diego County Fair Chance Ordinance

The Office of Labor Standards and Enforcement (OLSE) has the authority to conduct investigations regarding allegations of violations of the San Diego County Fair Chance Ordinance and provide educational outreach services to businesses in the unincorporated area to ensure compliance. 

Expand All | Collapse All

  • WHAT IS THE SAN DIEGO FAIR CHANCE ORDINANCE?

    In conjunction with the California Fair Chance Act, a local Ordinance clarifies candidates' rights, introduce additional compliance requirements due to gaps found in the state law, and improve enforcement by introducing penalties for Ordinance violators. OLSE has the authority to:

    • Streamline the Reporting Process: Workers who think they have been discriminated against due to their criminal history can contact our office directly instead of the State.
    • Education Enforcement Program: Conduct education and outreach to 413,1309 workers and 15,00010 employers across the unincorporated region.
    • Governing Authority: Investigate claims from justice-involved job seekers who believe their employer violated the FCA and local Ordinance.
    • Support employers in correcting their hiring process that violates the FCA, while monitoring their efforts to ensure compliance with the law.
    • Issue statutory penalties to employers who do not wish to comply with the FCA and continue to violate the law. OLSE will assess all penalties based on the factors identified in the Ordinance and departmental regulations.
    • Allocate a portion of the fines collected to the affected candidates or employees. This will serve as a powerful incentive for victims to report injustices.

     

Expand All | Collapse All

Expand All | Collapse All

  • BACKGROUND ON SAN DIEGO FAIR CHANCE ORDINANCE

    On March 12, 2024, the Board of Supervisors directed the Chief Administrative Officer to explore the feasibility of establishing a local enforcement mechanism for the California Fair Chance Act through the OLSE and return to the Board with a draft ordinance

    This action was included as part of the Alternatives to Incarceration (ATI) program, the County’s collaborative focused on actions to reduce incarceration for at-risk and justice-involved individuals.

    On August 27, 2024, OLSE presented a draft ordinance to the Board of Supervisors. The ordinance was adopted on September 10, 2024 and went into effect October 10,2024.

    LINKS:

    BOARD LETTER

    ORDINANCE 

    BOARD PRESENTATION 

  • SAN DIEGO FAIR CHANCE ORDINANCE COMPLAINT PROCESS

    Under the San Diego Fair Chance Ordinance, a candidate alleging that an employer has violated any of the provisions of the Ordinance, within one year of the alleged violation, can file a complaint with OLSE. A complaint could be filed by contacting OLSE by email, phone, or in person at our Office located at the County Administration Center (CAC). 

    Upon receiving a complaint, OLSE will engage in a formal intake process with the candidate. OLSE has staff that can complete intake in Spanish or English and will incorporate interpretation services for candidates who speak other languages. OLSE will also provide the candidate with a letter acknowledging their claim submittal, and the legal right to pursue civil action against the employer instead of continuing with a claim with OLSE.

    Cases falling outside OLSE's jurisdiction will be referred to our partners at other agencies or local non-profits, like the Employee Rights Center (ERC), who support workers, especially disadvantaged workers without union representation, by providing education on workplace, health, and immigration issues. 

    Simultaneously, OLSE will contact the employer and inform them of the alleged violation and provide an opportunity to respond to the notice. If OLSE has reason to believe that an employer has violated any provision of this Ordinance, OLSE will investigate the alleged violation.

    Investigation can include access to inspect books and records such as the individualized written assessment and to interview persons, including employees. If, during the course of an investigation, OLSE has determined a violation likely has occurred, OLSE may issue a correction order to the employer. This order will outline the specific violation necessitating rectification and specify a reasonable timeframe for compliance.

    OLSE will also provide the employer with training, resources, and educational material to assist with compliance.  If during the course of the investigation, OLSE determined a violation did not occur, OLSE will notify the candidate and refer them to employment programs including but not limited to the Center for Employment Opportunities (CEO), Second Chance, or the San Diego Workforce Partnership, programs able to aid the candidate with locating suitable employment. 

    If the employer does not comply with the corrective action issued by OLSE or has additional subsequent claims by other candidates that were determined to be a violation, OLSE shall issue a written notice requiring the employer to immediately remedy the violation and impose an administrative penalty and/or order any appropriate relief.

    Beginning on July 1, 2025, OLSE may issue administrative penalties for violation of this Ordinance, with no less than half of the penalties collected by OLSE awarded to each aggrieved candidate, as follows: 

    • For a first violation, a penalty of up to five thousand dollars ($5,000)  
    • For a second violation, a penalty of up to ten thousand ($10,000)  
    • For the third and subsequent violations, a penalty of up to twenty thousand ($20,000) 

    OLSE will also provide both the employer and the candidate the opportunity to appeal the findings of a claim with a County hearing officer which will constitute the County's final decision. 

     

  • WHAT IS THE CALIFORNIA FAIR CHANCE ACT?

    The California Fair Chance Act, which went into effect on January 1, 2018, is a California law that generally prohibits employers with five or more employees from asking about your conviction history before making you a job offer. This type of law is also known as a “Ban the Box” law. California enacted the Fair Chance Act to reduce barriers to employment for individuals with conviction histories because gainful employment is essential to these individuals supporting themselves and their families and to improving their community ties and mental health – all of which reduce recidivism. The Fair Chance Act is part of California’s employment antidiscrimination statute called the Fair Employment and Housing Act (FEHA), which is enforced by the Civil Rights Department (CRD). The Fair Chance Act is codified at Government Code section 12952.