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San Diego County Enacts Fair Chance Ordinance 10914

CATEGORY: Private Education Matters
CLIENT TYPE: Private Education
DATE: Oct 25, 2024

Effective October 10, 2024, employers with five or more employees in unincorporated areas of San Diego County must comply with the County’s new Fair Chance Ordinance. While these employers are already subject to the California Fair Chance Act—often referred to as “Ban the Box” —this new local San Diego Ordinance No. 10914, has some requirements beyond what is required by state law. This includes, when an employer intends to deny employment or take another adverse action, it must use three factors set forth in the ordinance and conduct a written individualized assessment of whether the criminal history has a direct and adverse relationship to the specific job duties. The employer must also follow a specific pre-adverse action letter and notification process and notify the applicant or employee of the right to file a complaint with the San Diego County Office of Labor Standards Enforcement regarding violations of the ordinance. Significant penalties can be levied for violation of the ordinance: up to $5,000 for a first violation, $10,000 for a second, and up to $20,000 for a third and subsequent violations. Importantly, fines cannot be issued until July 1, 2025. Schools in unincorporated areas of San Diego County should review and make sure they are complying with the ordinance. Other cities and counties in California have adopted their own Fair Chance ordinance and each school should check if there is an applicable local ordinance and if so, make sure they are in compliance.

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