by San Diego County is attempting to ensure that persons who have served time in prison and paid their debts to society can now genuinely walk free and pursue employment opportunities without their history preventing them from doing so.
On January 1, 2018, the Fair Chance Act went into force throughout the state. Before making a job offer, businesses are not allowed by law to inquire about a candidate’s criminal background. Because it effectively prohibits the criminal record checkbox from being checked on job applications, it is frequently referred to as a “ban the box” statute.
The Fair Chance Ordinance, which San Diego County passed in order to reinforce this rule, becomes operative in October 2024.
In addition to educating businesses and job seekers about their rights and enforcing the law locally, the ordinance also incorporates a statutory punishment for disobedience, which is not included in the state act.
As the director of the County’s Offices of Ethics, Compliance, and Labor Standards, Branden Butler stated, “We want to make sure that we have the safest community possible, and that starts with making sure folks get a fair chance to actually get a job when they’re getting out or have been incarcerated.”
Butler was involved in workplace discrimination enforcement activities while he was employed at the California Civil Rights Department. Additionally, he spearheaded the state’s effort to inform employers about the Fair Chance Act.
As of just over a month ago, businesses might now face penalties for noncompliance because the county enforcement period started on July 1.
R zme, a company that assists with compliance in encouraging businesses to hire people who have served time in prison, is helping get things started. Jodi Anderson Jr., the founder of R zme, stated that he will remain in San Diego for the foreseeable future in order to assist in educating applicants and businesses and to offer easily available technology that will facilitate compliance for all stakeholders.
While completing his sentence, Anderson, who had previously been incarcerated himself, attended seminars offered by Cornell University. In order to assist others like him, he used those credits to transfer to Stanford University after being released. After graduating, he founded his own company.
The California Fair Chance Act seems to me to be somewhat expansive. Anderson stated. These municipal ordinances’ specificity, in my opinion, is crucial in addressing the tangible reality of the individuals we are attempting to influence.
The fact that the majority of businesses are merely unaware of the ordinance is one of those realities. According to Butler, the county is making a concerted effort to notify employers about the new rule and give them all the information they require in a clear and understandable manner.
Employers frequently have no ill will toward those with a history of convictions. He said that they were unaware of the existence of the law.
People with criminal histories are also largely unaware of the ordinance. The county is visiting prisons and educating inmates about their rights in an effort to counter this. This includes informing them that, notwithstanding their past convictions, they are entitled to apply for a job and, if qualified, be hired.
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It’s not as though the law is meant to make things easier. It’s as though you previously stated that this person was qualified, and now that you’ve learned about their criminal history, you’re not going to hire them even though they are qualified, isn’t that right? Anderson stated.
Businesses who violate the ordinance also face penalties. The penalty for first-time offenders is $5,000. The amount for repeat offenders increases to $20,000. Penalties for any more infractions can reach $20,000.
The punishment has a special disclaimer: half of the retribution funds go to the applicant who lodges the complaint.
According to Anderson, his organization encourages job seekers to submit Fair Chance complaints in order to both inform employers that they are not in compliance and to obtain financial compensation if they are wrongfully rejected for a position.
Although their efforts are off to a good start, Butler and Anderson agreed that more work has to be done.
We acknowledge that it’s a new ordinance and that it will take time, but our main objective is compliance, so we invest a lot of time in education because we want everyone to have an equal opportunity, Butler stated.
