San Francisco to Make it Illegal for Employers & Landlords to Ask About Criminal Convictions
Yet another city is considering making it illegal for employers and landlords to inquire about arrest records and convictions until after jobs or housing have already been offered to applicants. San Francisco officials want to prohibit landlords, city contractors, and private employers from questioning individuals about their previous arrests or conviction histories before determining applicants’ suitability for jobs or housing.
If this legislation passes, San Francisco will join Philadelphia, Massachusetts, New York, and Hawaii in protecting consumers with criminal records. It will require inquiries into applicants’ criminal past to be postponed until after decisions have been made regarding employment/housing. Furthermore, employers and landlords must determine whether or not any reported prior criminal record conviction(s) is “substantially related” to the job or housing in question before make a final determination.
According to the U.S. Department of Justice, 30% of the nation’s adults have criminal records.
Advocates of the new law claim that private employers are privileged to these records based on reports provided by background screening companies. Due to current overcrowding at state prisons throughout California, tens of thousands of prisoners will be released, and will be seeking gainful employment.
The new legislation will offer a “foot in the door” to some who may have been previously denied employment or housing opportunities. Employers have discretion on whom they hire based on information contained within an employment background screening report.
If this law passes, employers and landlords would need to review the reported criminal case(s) and determine if a direct correlation can be established. As one landlord commented, “They’re putting a burden on private individuals like myself or you to make a determination on someone’s criminal background while performing tenant screening.”
With an increase in discrimination claims brought to the Equal Employment Opportunity Commission by consumers, legislation such as this will likely continue to become more prevalent and adopted by other states and municipalities.
About the Author:
Khodadawd “Cody” J. Farzad, B.S., appointed to EmployersChoiceOnline.com as Manager of pre-employment background screening and drug testing. Farzad’s duties include managing the day-to-day operations of pre-employment screening and ensuring that all background reports are federally compliant with consumer reporting guidelines. Contact him at (800) 424-7011 or
