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NOTICE OF PUBLIC HEARING on RULES AND PROCEDURES FOR ARTICLE 49/ FAIR CHANCE ORDINANCE

City Hall Room 416

Thursday, August 28, 2014 at 5:30 pm

Members of the public are invited to attend and provide comment

For a copy of the RULES OF PROCEDURE, click here

 


About

On March 29, 2011 the San Francisco Reentry Council unanimously voted to send a letter to the Mayor and San Francisco Board of Supervisors. This letter urges the Mayor and Board of Supervisors to pass legislation prohibiting the discrimination of persons with arrest and conviction records. In addition, it urges the San Francisco Human Rights Commission to draft compliance guidelines.

On April 14, 2011, the San Francisco Human Rights Commission voted unanimously to send a letter to the Mayor and Board of Supervisors urging the legislation to be passed. Click here to view the letter. The Commission heard testimonies from citizens that have prior arrest and convictions records. They testified to the difficulty they face in securing housing and employment in San Francisco after completing their sentences. Reentry Counsel Co-Chair and Public Defender Jeff Adachi explained to the Commission about the importance of this type of legislation, and how vital it is to support these individuals with housing and employment as they work to becoming law abiding citizens. In addition, staff from the Reentry Council as well as housing and employment law attorneys presented facts and statistics regarding discrimination of persons with prior arrest and/or conviction records. Further, these presenters discussed model legislation in other jurisdictions, including Massachusetts, Connecticut, Illinois, Hawaii and 30 cities and counties.

On March 4, 2014, the Fair Chance Ordinance was signed into law by Mayor Edwin Lee. Codified as Article 49 in the San Francisco Police Code, this law regulates when and how criminal background checks are used in Affordable Housing and Employment. It went into effect on August 13, 2014.

The Human Rights Commission (HRC) has authority to implement the housing provisions of the FCO.  Please contact the Office of Labor Standards and Enforcement at 415-554-5192 or email fce@sfgov.org regarding questions about the employment provisions of the ordinance.Return to Top

PUBLIC HEARING ON RULES OF PROCEDURE

NOTICE OF PUBLIC HEARING on RULES AND PROCEDURES FOR ARTICLE 49/ FAIR CHANCE ORDINANCE

City Hall Room 416

Thursday, August 28, 2014 at 5:30 pm

Members of the public are invited to attend and provide comment

For a copy of the RULES OF PROCEDURE, click here

Fair Chance Ordinance For a copy of the Fair Chance Ordinance, please click here
Notice Requirments for AFFORDABLE HOUSING PROVIDERS

Under the Fair Chance Ordinance,the HRC is responsible for publishing and making available to affordable housing providers a notice suitable for posting that informs applicants of their rights under this Article. The HRC shall make this notice available to housing providers in English, Spanish, Chinese, and Tagalog. 

Housing providers must prominently post on their website the HRC notice in all of the languages referenced above.

Housing providers must prominently post the HRC notice in all the languages referenced above at any location under their control that is frequently visited by applicants or potential applicants for the rental or lease of affordable housing in San Francisco.

To download a copy of Fair Chance Ordinance Poster including all translations click here

To download a copy of this notice in CHINESE, please click here.

To download a copy of this notice in ENGLISH, please click here.

To download a copy of this notice in SPANISH, please click here.

To download a copy of this notice in TAGALOG, please click here.

 

 Frequently Asked Questions on the Fair Chance Ordinance

For a list of frequently asked question on the Fair Chance Ordinance please click here

 

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HRC Information Sessions on the Fair Chance Ordinance

The HRC will host regular information sessions on the Fair Chance Ordinance. All sessions will be held at the HRC Office at 25 Van Ness Avenue, Suite 800, San Francisco CA 94114.

Affordable Housing Applicant Information Sessions  5 pm. Click here for more information

August 202014

September 172014

October 222014

November 192014

December 172014

 

Affordable Housing Provider  Information Sessions 1 pm. Click here for more information.

August 27, 2014

September 24, 2014

October 29, 2014

November 172014

December 172014

 

 

HRC Hearing on the Human Rights Impact of the War on Drugs

HRC's Public Hearing on “The Human Rights Impact of the War on Drugs” 
HRC welcomed over 100 community members to the Board Chambers for our hearing
 on the “Human Rights Impact of the War on Drugs.” In addition, the HRC was happy to host SF Police Chief Greg Suhr, SF Juvenile Probation Chief William Sifferman and representatives from the District Attorney’s Office, the Sheriff’s Department, and Adult Probation as our guests to the hearing. Presenters from All of Us or None, the Center for Juvenile and Criminal Justice, the National Employment Law Project, Immigrant Legal Resource Center, Center for Young Women’s Development joined Alice Huffman, California President of the NAACP in advising the commission on individual rights impacted by the War on Drugs and making recommendations increase public safety and reinstitute those rights. In addition, more than 30 members of the public provided testimony on how the War on Drugs has impacted their rights and their communities.

 

"The War on Drugs in California" panel discussion, presented by The Second Chance Legal Clinic and featurring George Gascón (San Francisco District Attorney), Selena Teji (Center on Juvenile and Criminal Justice) and Khurshid Khoja (Greenbridge Corporate Counsel), and moderated by HRC Policy Analyst Zoe Polk

The third event in the Second Chance Legal Clinic's "Policing in Communities of Color Discussion Series," this event addressed how the War on Drugs has shaped policing practices in communities of color. Panelists discussed: racial profiling in drug arrests and convictions; the impact of drug criminalization on low income communities of color; and the need for reform in drug law enforcement. Click here for event details.

Resources

 

EEOC Votes to Update Criminal Background Check Policies, Clarifying Civil Rights Standards for San Francisco’s Employers and Workers

With more Americans affected by employer use of criminal background checks than ever before U.S. Equal Employment Opportunity Commission (EEOC) on April 25, 2012 voted to update its decades-old guidance on how employers may use criminal background checks in their hiring decisions. The old EEOC guidance dates back to 1987, when current Supreme Court Justice Clarence Thomas chaired the EEOC. The updated guidance provides employers with greater clarity on the fair use of background checks, in order to help the vast majority of employers who want to do the right thing but are often unaware of federal civil rights laws. The guidance will also go a long way to educate workers, especially workers of color, who face tremendous challenges in navigating the expanded use of criminal background checks for employment in today’s competitive job market.

In the 25 years since the EEOC issued its initial guidance, the use of background checks by employers has exploded in popularity. Today, more than 90 percent of employers conduct criminal background checks on some or all job applicants (up from 51 percent in 1996), according to a 2010 Society of Human Resources Management survey. The ramped-up use of background checks today adds a major hurdle to the job prospects of a vast segment of U.S. workers. An estimated 65 million people in the United States—or one in four adults—have an arrest or conviction record that can show up on a routine criminal background check for employment. The problem is especially severe for African Americans and Latinos, who are overrepresented in the criminal justice system and are hit hard by higher rates of unemployment.

In the wake of the updated EEOC guidance, HRC will join groups in San Francisco and around the country to step up their efforts to educate employers as well as workers on the fair use of criminal background checks.

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Contact

For more information about HRC’s implementation of the Fair Chance Ordinance, please contact Zoe Polk at zoe.polk@sfgov.org.  

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