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A Summary of Your Rights Under the Fair

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Para información en español, visite www.consumerfinance.gov/learnmore o escribe a la
Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.
A Summary of Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and
privacy of information in the files of consumer reporting agencies. There are many types of
consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies
that sell information about check writing histories, medical records, and rental history records).
Here is a summary of your major rights under FCRA. For more information, including
information about additional rights, go to www.consumerfinance.gov/learnmore or write
to: Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.
• You must be told if information in your file has been used against you. Anyone who
uses a credit report or another type of consumer report to deny your application for credit,
insurance, or employment – or to take another adverse action against you – must tell you,
and must give you the name, address, and phone number of the agency that provided the
information.
• You have the right to know what is in your file. You may request and obtain all the
information about you in the files of a consumer reporting agency (your “file
disclosure”). You will be required to provide proper identification, which may include
your Social Security number. In many cases, the disclosure will be free. You are entitled
to a free file disclosure if:
o a person has taken adverse action against you because of information in your
credit report;
o you are the victim of identity theft and place a fraud alert in your file;
o your file contains inaccurate information as a result of fraud;
o you are on public assistance;
o you are unemployed but expect to apply for employment within 60 days.
In addition, all consumers are entitled to one free disclosure every 12 months upon
request from each nationwide credit bureau and from nationwide specialty consumer
reporting agencies. See www.consumerfinance.gov/learnmore for additional
information.
• You have the right to ask for a credit score. Credit scores are numerical summaries of
your credit-worthiness based on information from credit bureaus. You may request a
credit score from consumer reporting agencies that create scores or distribute scores used
in residential real property loans, but you will have to pay for it. In some mortgage
transactions, you will receive credit score information for free from the mortgage lender.
• You have the right to dispute incomplete or inaccurate information. If you identify
information in your file that is incomplete or inaccurate, and report it to the consumer
2
reporting agency, the agency must investigate unless your dispute is frivolous. See
www.consumerfinance.gov/learnmore for an explanation of dispute procedures.
• Consumer reporting agencies must correct or delete inaccurate, incomplete, or
unverifiable information. Inaccurate, incomplete, or unverifiable information must be
removed or corrected, usually within 30 days. However, a consumer reporting agency
may continue to report information it has verified as accurate.
• Consumer reporting agencies may not report outdated negative information. In
most cases, a consumer reporting agency may not report negative information that is
more than seven years old, or bankruptcies that are more than 10 years old.
• Access to your file is limited. A consumer reporting agency may provide information
about you only to people with a valid need – usually to consider an application with a
creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a
valid need for access.
• You must give your consent for reports to be provided to employers. A consumer
reporting agency may not give out information about you to your employer, or a potential
employer, without your written consent given to the employer. Written consent generally
is not required in the trucking industry. For more information, go to
www.consumerfinance.gov/learnmore.
• You may limit “prescreened” offers of credit and insurance you get based on
information in your credit report. Unsolicited “prescreened” offers for credit and
insurance must include a toll-free phone number you can call if you choose to remove
your name and address form the lists these offers are based on. You may opt out with the
nationwide credit bureaus at 1-888-5-OPTOUT (1-888-567-8688).
• The following FCRA right applies with respect to nationwide consumer reporting
agencies:
CONSUMERS HAVE THE RIGHT TO OBTAIN A SECURITY FREEZE
You have a right to place a “security freeze” on your credit report, which will
prohibit a consumer reporting agency from releasing information in your credit
report without your express authorization. The security freeze is designed to prevent
credit, loans, and services from being approved in your name without your consent.
However, you should be aware that using a security freeze to take control over who gets
access to the personal and financial information in your credit report may delay, interfere
with, or prohibit the timely approval of any subsequent request or application you make
regarding a new loan, credit, mortgage, or any other account involving the extension of
credit.
As an alternative to a security freeze, you have the right to place an initial or extended
fraud alert on your credit file at no cost. An initial fraud alert is a 1-year alert that is
3
placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s
credit file, a business is required to take steps to verify the consumer’s identity before
extending new credit. If you are a victim of identity theft, you are entitled to an extended
fraud alert, which is a fraud alert lasting 7 years.
A security freeze does not apply to a person or entity, or its affiliates, or collection
agencies acting on behalf of the person or entity, with which you have an existing
account that requests information in your credit report for the purposes of reviewing or
collecting the account. Reviewing the account includes activities related to account
maintenance, monitoring, credit line increases, and account upgrades and enhancements.
• You may seek damages from violators. If a consumer reporting agency, or, in some
cases, a user of consumer reports or a furnisher of information to a consumer reporting
agency violates the FCRA, you may be able to sue in state or federal court.
• Identity theft victims and active duty military personnel have additional rights. For
more information, visit www.consumerfinance.gov/learnmore.
States may enforce the FCRA, and many states have their own consumer reporting laws.
In some cases, you may have more rights under state law. For more information, contact
your state or local consumer protection agency or your state Attorney General. For
information about your federal rights, contact:
4
TYPE OF BUSINESS:
CONTACT:
1.a. Banks, savings associations, and credit unions with total
assets of over $10 billion and their affiliates
b. Such affiliates that are not banks, savings associations, or
credit unions also should list, in addition to the CFPB:
a. Consumer Financial Protection Bureau
1700 G Street, N.W.
Washington, DC 20552
b. Federal Trade Commission
Consumer Response Center
600 Pennsylvania Avenue, N.W.
Washington, DC 20580
(877) 382-4357
2. To the extent not included in item 1 above:
a. National banks, federal savings associations, and federal
branches and federal agencies of foreign banks
b. State member banks, branches and agencies of foreign banks
(other than federal branches, federal agencies, and Insured State
Branches of Foreign Banks), commercial lending companies
owned or controlled by foreign banks, and organizations
operating under section 25 or 25A of the Federal Reserve Act.
c. Nonmember Insured Banks, Insured State Branches of
Foreign Banks, and insured state savings associations
d. Federal Credit Unions
a. Office of the Comptroller of the Currency
Customer Assistance Group
1301 McKinney Street, Suite 3450
Houston, TX 77010-9050
b. Federal Reserve Consumer Help Center
P.O. Box 1200
Minneapolis, MN 55480
c. FDIC Consumer Response Center
1100 Walnut Street, Box #11
Kansas City, MO 64106
d. National Credit Union Administration
Office of Consumer Financial Protection (OCFP)
Division of Consumer Compliance Policy and Outreach
1775 Duke Street
Alexandria, VA 22314
3. Air carriers
Asst. General Counsel for Aviation Enforcement & Proceedings
Aviation Consumer Protection Division
Department of Transportation
1200 New Jersey Avenue, S.E.
Washington, DC 20590
4. Creditors Subject to the Surface Transportation Board
Office of Proceedings, Surface Transportation Board
Department of Transportation
395 E Street, S.W.
Washington, DC 20423
5. Creditors Subject to the Packers and Stockyards Act, 1921
Nearest Packers and Stockyards Administration area supervisor
6. Small Business Investment Companies
Associate Deputy Administrator for Capital Access
United States Small Business Administration
409 Third Street, S.W., Suite 8200
Washington, DC 20416
7. Brokers and Dealers
Securities and Exchange Commission
100 F Street, N.E.
Washington, DC 20549
8. Federal Land Banks, Federal Land Bank Associations,
Federal Intermediate Credit Banks, and Production Credit
Associations
Farm Credit Administration
1501 Farm Credit Drive
McLean, VA 22102-5090
9. Retailers, Finance Companies, and All Other Creditors Not
Listed Above
Federal Trade Commission
Consumer Response Center
600 Pennsylvania Avenue, N.W.
Washington, DC 20580
(877) 382-4357
THE REMAINDER OF THIS DOCUMENT IS INTENTIONALLY BLANK.
Page 1 of 1
SAMPLE DOCUMENT ONLY. This sample document should not be construed as legal advice. Employers should consult
their own attorney regarding this document and compliance under the Fair Credit Reporting Act and other applicable state
and local laws. SafestHires expressly disclaims any warranties or responsibilities or damages associated with or arising out of
the information provided in, or the use of, this sample document.
CONSUMER REPORT DISCLOSURE DOCUMENT
(the “Company”) may order a consumer report on you from SafestHires, Inc. (“SafestHires”), a
consumer reporting agency, in connection with your application for employment, and if you are hired, may order additional consumer
reports on you from SafestHires for employment purposes.
The consumer reports may contain information concerning your character, general reputation, personal characteristics, and mode of
living. As allowed by law, the reports may contain information from private and public record sources regarding the following: criminal
history; driving records; verification of your employment history, licenses, credentials and education; credit reports and history;
government watch lists; address history; Social Security number validation; drug and alcohol testing and other background checks.
THE REMAINDER OF THIS DOCUMENT IS INTENTIONALLY BLANK.
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Page 1 of 1
SAMPLE DOCUMENT ONLY. This sample document should not be construed as legal advice. Employers should consult
their own attorney regarding this document and compliance under the Fair Credit Reporting Act and other applicable state
and local laws. SafestHires expressly disclaims any warranties or responsibilities or damages associated with or arising out of
the information provided in, or the use of, this sample document.
INVESTIGATIVE CONSUMER REPORT DISCLOSURE DOCUMENT
(the “Company”) may order an investigative consumer report on you from SafestHires, Inc.
(“SafestHires”), a consumer reporting agency, in connection with your application for employment, and if you are hired, may order
additional investigative consumer reports on you from SafestHires for employment purposes.
The investigative consumer reports may contain information concerning your character, general reputation, personal characteristics, and
mode of living, including information obtained from personal interviews conducted by SafestHires, most commonly with prior
employers or references.
You have the right to request more information about the nature and scope of any investigative consumer report by contacting the
Company.
THE REMAINDER OF THIS DOCUMENT IS INTENTIONALLY BLANK.
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Page 1 of 1
The
investigative consumer reporting agency is SafestHires, Inc. (“SafestHires”), 6841 Virginia Parkway #103-121, McKinney, TX
75071; telephone number (800) 588-1774; website: https://www.safesthires.com (which has its privacy policy).
SUMMARY OF RIGHTS UNDER CIVIL CODE SECTION 1786.22
(a) An investigative consumer reporting agency shall supply files and information required under Section 1786.10 during normal
business hours and on
reasonable notice.
(b) Files maintained on a consumer shall be made available for the consumer’s visual inspection, as follows:
(1) In person, if he or she appears in person and furnishes proper identification. A copy
of his or her
file shall be available to
the consumer for a fee not to exceed the costs of duplication services provided.
(2) By certifi
ed mail, if he or she makes a written request, with proper identification, for copies to be sent to a specified
addressee. Investi
gative consumer reporting agencies complying with requests for certified mailings under this section shall
not be liable for disclosures to third parties caused by mishandling of mail after such mailings leave the investigative
consumer reporting agencies.
(3) A summary of all information contained in files on a consumer and required to be provided by Section 1786.10 shall be
pr
ovided by telephone, if
the consumer has made a written request, with proper identification for telephone disclosure, and
the toll charge, if any, for the telephone call is prepaid
by or charged directly to the consumer.
(c) The term “proper identification” as used in subdivision (b) shall mean that information generally deemed sufficient to identify a
person. Such inf
ormation includes documents such as a valid driver’s license, social security account number, military identification
card, and credit cards. Only if the consumer is unable to reasonably identify himself or herself with the information described above,
may an inve
stigative consumer reporting agency require additional information concerning the consumer’s employment and personal
or family history in order to verify his or her identity.
(d
) The investigative consumer reporting agency shall provide trained personnel to explain to the consumer any information furnishe
d
him or her pursuant to Section 1786.10.
(e) The investigative consumer reporting agency shall provide a written explanation of any coded information contained in files
maintained
on a consumer. This written explanation shall be distributed whenever a file is provided to a consumer for visual
inspection as required under Section 1786.22.
(f) The consumer shall be permitted to be accompanied by one other person, who shall furnish reasonable identification. An
investigative c
onsumer reporting agency may require the consumer to furnish a written statement authorizing the consumer reporting
agency to discuss the consumer’s file in such person’s presence.
THE REMAINDER OF THIS DOCUMENT IS INTENTIONALLY BLANK.
SAMPLE DOCUMENT ONLY. This sample document should not be construed as legal advice. Employers should consult their own
attorney r
egarding this document and compliance under the Fair Credit Reporting Act and other applicable state and local
laws. SafestHires expressly disclaims any warranties or responsibilities or damages associated with or arising out of the information
provided in, or the use of, this sample document.
CALIFORNIA INVESTIGATIVE CONSUMER REPORT DISCLOSURE DOCUMENT
If you live or are applying to work for
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_______________________ (the “Company”) in California, read the information below.
If not, scroll to the next document.
The Company may order an investigative consumer report on you from an investigative consumer reporting agency in connection with
your application for employment, and if you are hired, may order additional such reports on you from an investigative consumer
reporting agency for employment purposes. Such reports may contain information about your character, general reputation, personal
characteristics, and mode of living. As allowed by law, the reports may contain information regarding the following: criminal history;
driving records; verification of your employment history, licenses, credentials and education; credit reports and history; government
watch lists; address history; Social Security number validation; and other background checks.
Page 1 of 2
SAMPLE DOCUMENT ONLY. This sample document should not be construed as legal advice. Employers should consult their own
attorney regarding this document and compliance under the Fair Credit Reporting Act and other applicable state and local
laws. SafestHires expressly disclaims any warranties or responsibilities or damages associated with or arising out of the information
provided in, or the use of, this sample document.
ADDITIONAL DISCLOSURES DOCUMENT
If you live or are applying to work for ___________________ (the “Company”) in any of the states listed below, read the
information that applies to you.
If not, scroll to the next document.
The consumer reporting agency is SafestHires, Inc. (“SafestHires”), 6841 Virginia Parkway #103-121, McKinney, TX 75071;
telephone number (800) 588-1774; website: https://www.safesthires.com.
MASSACHUSETTS: If you contact the Company, you have the right to know whether the Company ordered an investigative
consumer report about you. You also have the right to ask SafestHires for a copy of any such report.
MINNESOTA: You have the right to submit a written request to SafestHires for a complete and accurate disclosure of the nature and
scope of any consumer report the Company ordered about you. SafestHires must provide you with this disclosure within 5 business
days after its receipt of your request or the report was requested by the Company, whichever date is later.
NEW JERSEY: You have the right to submit a request to SafestHires for a copy of any investigative consumer report the Company
ordered about you.
NEW YORK: If you contact the Company, you have the right to know whether the Company ordered a consumer report or
investigative consumer report about you. Shown above is SafestHire’s address and telephone number. You have the right to contact
SafestHires to inspect or receive a copy of any such report that the Company ordered from it. A copy of Article 23-A of the
Correction Law is provided below.
WASHINGTON STATE: If you submit a written request to the Company, you have the right to a complete and accurate disclosure
of the nature and scope of any investigative consumer report the Company ordered about you. You are entitled to this disclosure
within 5 business days after the date your request is received or the Company ordered the report, whichever is later. You also have the
right to request a written summary of your rights under the Washington Fair Credit Reporting Act.
* * *
If you live or are applying to work for the Company in New York, the information below applies to you.
ARTICLE 23-A, NEW YORK STATE CORRECTION LAW
§ 750. Definitions. For the purposes of this article, the
following terms shall have the following meanings:
(1) “Public agency” means the state or any loca
l subdivision
thereof, or any state or local department, agency, board or
commission.
(2) “Private employer” means any person, company, corporation,
labor organiza
tion or association which employs ten or more
persons.
(3) “Direct relationship” means that
the nature of criminal
conduct for which the person was convicted has a direct bearing
on his fitness or ability to perform one or more of the duties or
responsibilities ne
cessarily related to the license, opportunity, or
job in question.
(4) “License” means any certificate, license, permit or grant of
permission required by the laws of this state, its political
su
bdivision
s or instrumentalities as a condition for the lawful
practice of any occupation, employment, trade, vocation,
business, or profession. Provided, however, that “license” shall
not, for the purposes of this article, include any license or permit
(1) there is a direct relationship between one or more of the
previous criminal offenses and the specific license or
employment sought or held by the individual; or
(2) the issuance or continuation of the license or the granting or
continuation of the employment would involve an unreasonable
risk to property or to the safety or welfare of specific individuals
or the general public.
§ 753. Factors to be considered concerning a previous
cri
minal convict
ion; presumption.
1. In making a determination pursuant to section seven hundred
fifty-two of this chapter, the public agency or private employer
shall con
sider the following factors:
(a) The public policy of this state, as expressed in this act, to
encourage the licensure
and employment of persons previously
convicted of one or more criminal offenses.
(b) The specific duties and responsibilities necessarily related to
the license or e
mployment sought or held by the person.
(c) The bearing, if any, the criminal offense or offenses for
which the person was previously convicted will have on his
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Page 2 of 2
to own, possess, carry, or fire any explosive, pistol, handgun,
rifle, shotgun, or other firearm.
(5) “Employment” means any occupation, vocation or
employment, or any form of vocational or educational training.
Provided, however, that “employment” shall not, for the purposes
of this article, include membership in any law enforcement
agency.
§ 751. Applicability. The provisions of this article shall apply
to any application by any person for a license or employment at
any public or private employer, who has previously been
convicted of one or more criminal offenses in this state or in any
other jurisdiction, and to any license or employment held by any
person whose conviction of one or more criminal offenses in this
state or in any other jurisdiction preceded such employment or
granting of a license, except where a mandatory forfeiture,
disability or bar to employment is imposed by law, and has not
been removed by an executive pardon, certificate of relief from
disabilities or certificate of good conduct. Nothing in this article
shall be construed to affect any right an employer may have with
respect to an intentional misrepresentation in connection with an
application for employment made by a prospective employee or
previously made by a current employee.
§ 752. Unfair discrimination against persons previously
convicted of one or more criminal offenses prohibited. No
application for any license or employment, and no employment or
license held by an individual, to which the provisions of this
article are applicable, shall be denied or acted upon adversely by
reason of the individual’s having been previously convicted of
one or more criminal offenses, or by reason of a finding of lack of
“good moral character” when such finding is based upon the fact
that the individual has previously been convicted of one or more
criminal offenses, unless:
fitness or ability to perform one or more such duties or
responsibilities.
(d) The time which has elapsed since the occurrence of the
criminal offense or offenses.
(e) The age of the person at the time of occurrence of the criminal
offense or offenses.
(f) The seriousness of the offense or offenses.
(g) Any information produced by the person, or produced on his
behalf, in regard to his rehabilitation and good conduct.
(h) The legitimate interest of the public agency or private
employer in protecting property, and the safety and welfare of
specific individuals or the general public.
2. In making a determination pursuant to section seven hundred
fifty-two of this chapter, the public agency or private employer
shall also give consideration to a certificate of relief from
disabilities or a certificate of good conduct issued to the
applicant, which certificate shall create a presumption of
rehabilitation in regard to the offense or offenses specified
therein.
§ 754. Written statement upon denial of license or
employment. At the request of any person previously convicted
of one or more criminal offenses who has been denied a license
or employment, a public agency or private employer shall
provide, within thirty days of a request, a written statement
setting forth the reasons for such denial.
§ 755. Enforcement.
1. In relation to actions by public agencies, the provisions of this
article shall be enforceable by a proceeding brought pursuant to
article seventy-eight of the civil practice law and rules.
2. In relation to actions by private employers, the provisions of
this article shall be enforceable by the division of human rights
pursuant to the powers and procedures set forth in article fifteen
of the executive law, and, concurrently, by the New York city
commission on human rights.
THE REMAINDER OF THIS DOCUMENT IS INTENTIONALLY BLANK.
City & County of San Francisco
Fair Chance Ordinance
Post Where Employees Can Read Easily. Failure to post this notice may result in penalties.
• An arrest not leading to a conviction (except for unresolved arrests);
• Participation in a diversion or deferral of judgment program;
• A conviction that has been dismissed or expunged;
• A conviction in the juvenile justice system;
• A conviction that is more than 7 years old (unless the position supervises or provides services to minors, seniors, or
dependent adults);
• Infractions (except driving record infractions when driving is part of the job); or
• A conviction for decriminalized conduct, including the non-commercial use and cultivation of cannabis.
Office of Labor Standards Enforcement
(415) 554-6469
For more information
please visit www.sfgov.org/olse
The Fair Chance Ordinance (FCO) regulates when and how San Francisco employers and City contractors may ask about and use
arrest and conviction records in hiring decisions. As of October 1, 2018, all employers with 5 or more employees worldwide, and City
contractors of any size, must observe the following restrictions:
• An employer MAY NOT ask about arrests or convictions on a job application.
• Only AFTER a conditional offer of employment may an employer conduct a background check, or inquire about convictions or
unresolved arrests.
• After making a conditional offer of employment, an employer may consider only convictions that are directly related to the
job, but may NEVER consider any of the following:
• Before taking any adverse action, such as not hiring an applicant because of a conviction, the employer must:
• Notify the applicant or employee and provide a copy of the background check, if any;
• Give the applicant or employee 7 days to respond with evidence of inaccuracies on the background check or evidence of
rehabilitation or other mitigating factors.*
• Reconsider the action based on evidence the applicant or employee provides.
* Evidence of rehabilitation includes satisfying terms of parole or probation, education or training, participating in alcohol or drug treatment
programs, letters of recommendation; and age at which the individual was convicted. Mitigating factors are things that contributed to the
conviction, such as coercive conditions, physical or emotional abuse, and untreated substance abuse or mental illness.
Preemption. Where federal or state law imposes a criminal history requirement that conflicts with the FCO, the federal or state law will apply.
No Retaliation. An employer may not take an adverse action against an applicant or employee for exercising their rights under the FCO or
cooperating with the Oice of Labor Standards Enforcement.
Notice Requirement: Employers must provide this notice to applicants and employees prior to conducting a background check, and must
post this notice in English, Spanish, Chinese, and any other language spoken by at least 5% of the employees at the workplace or job site.
For more information, or to file a complaint, contact the San Francisco Oice of Labor Standards Enforcement at: Hotline: (415) 554-5192 Email: fco@sfgov.org
10/1/2018
舊金山公平機會條例
Post Where Employees Can Read Easily. Failure to post this notice may result in penalties.
• 未導致刑事有罪判決之拘捕（除仍在調查程序中外），
• 參與轉向或暫緩判決項目，
• 經撤銷或消除之有罪判決紀錄，
• 適用青少年司法程序的有罪判決，
• 已做成七年或更長時間之有罪判決（除該職位係負責監督或提供服務予未成年人、年長者，或無法獨
立自主的成年人），
• 輕微違法案件（以駕駛為業者違反交通案件除外），或
• 違紀行為之有罪判決，包括非商業性使用及栽種大麻。
Office of Labor Standards Enforcement
(415) 554-6469
For more information
please visit www.sfgov.org/olse
公平機會條例（FCO）規範舊金山之雇主與市府承包商在做出雇傭決定時，何時及如何要求和使用拘捕及刑
事有罪判決紀錄。自2018年10月1日起，所有於全球各地擁有五位（含）以上員工之雇主，以及任何規模的
市府承包商，皆必須遵循下列規範：
• 雇主不得於應徵申請中要求隨附拘捕或刑事有罪判決紀錄。
• 雇主僅得於有條件錄取求職者後，調查其背景或要求刑事有罪判決或仍在調查程序的拘捕紀錄。
• 雇主僅得於有條件錄取求職者後，考量與個人從事該工作之能力直接相關的刑事有罪判決與仍在調查程
序之拘捕，但是不得在決定是否雇用求職者時考量下列任何事項：
• 採取任何不利行為，例如在因有罪判決而不僱用求職者之前，雇主必須：
• 通知求職者以及提供背景調查報告之副本（若有），
• 給予求職者或󳇝員七天的時間，以提出證明背景調查報告不準確，或已參與更生計畫或具備其他減輕 事由之證據。*
• 依據求職者或󳇝員提供之證據，重新檢視該不利行為。
* 更生證據 包括遵循假釋或緩刑條件、接受教育或培訓、參與酒精或藥物戒癮治療課程、推薦信，以及個人獲
刑事有罪時之年齡。減輕事由係指刑事有罪判決參考的事實，例如強制力之程度、身體或精神虐待、未經治療
濫用藥物或精神疾病。
優先適用。若聯邦或州法律之犯罪紀錄規範與公平機會條例之規範衝突時，應優先適用聯邦或州法律。
禁止報復行為。雇主不得因求職者或其僱員行使公平機會條例中規範之權利，或配合勞工標準
執行辦公室（OLSE）對求職者或其僱員採取報復行為。
通知義務。雇主必須在調查背景之前，提供此通知給求職者或僱員，且必須將此通知以英文、西班牙文、中
文及任何其他超過百分之五比例之僱員使用的語言，公佈於工作場所或辦公室中。
欲查詢更多的資訊或提出申訴，請聯絡 舊金山勞工標準執行辦公室
專線： (415) 554-5192 電子郵件信箱： fco@sfgov.orggov.org
Ordenanza de Oportunidades
Equitativas de San Francisco
Post Where Employees Can Read Easily. Failure to post this notice may result in penalties.
• Un arresto que no haya resultado en una condena, (con la excepción de arrestos no resueltos);
• Participación en un programa de justicia alternativa o de fallo diferido;
• Una condena que haya sido desestimada o cancelada;
• Una condena en el sistema de justicia juvenil;
• Una condena de más de 7 años de antigüedad (a menos que el puesto supervise o brinde servicios a menores, adultos
mayores o adultos dependientes);
• Infracciones (con la excepción de infracciones de antecedentes de conductor cuando conducir es parte del trabajo); o
• Una condena por conducta despenalizada, incluidos el uso no comercial y el cultivo de cannabis.
Office of Labor Standards Enforcement
(415) 554-6469
For more information
please visit www.sfgov.org/olse
La Ordenanza de Oportunidades Equitativas (FCO, por sus siglas en inglés) regula cuándo y cómo los empleadores de San
Francisco y los contratistas de la Ciudad pueden preguntar acerca de los expedientes de arrestos y condenas y usarlos al
momento de tomar decisiones de contratación. A partir del 1º de octubre de 2018, todos los empleadores con 5 o más empleados en todo
el mundo, y los contratistas de la Ciudad de todos los tamaños deben observar las siguientes restricciones:
• Un empleador NO DEBE preguntar sobre arrestos o condenas en una solicitud de empleo.
• Sólo DESPUÉS de hacer una oferta condicional de empleo puede el empleador realizar una verificación de antecedentes, o
preguntar acerca de condenas o arrestos sin resolver.
• Después de hacer una oferta condicional de empleo, un empleador puede considerar únicamente las condenas que estén
directamente relacionadas con el empleo, pero NUNCA puede considerar ninguno de los siguientes:
• Antes de realizar alguna acción adversa, como no contratar a un solicitante debido a una condena, el empleador debe:
• Notificar al solicitante o al empleado y proporcionar una copia de la verificación de antecedentes, si corresponde;
• Dar al solicitante o empleado un plazo de 7 días para responder con evidencia de inexactitudes en la verificación de
antecedentes o evidencia de rehabilitación u otros factores atenuantes.*
• Reconsiderar la acción basada en la evidencia que provea el solicitante o el empleado.
* La evidencia de rehabilitación incluye cumplir con los términos de una libertad probatoria/bajo palabra; recibir educación/capacitación;
participación en programas de tratamiento contra el alcohol o drogas; cartas de recomendación; y la edad a la que la persona recibió la
condena. Los factores atenuantes incluyen factores que hayan contribuido con la condena, como por ejemplo condiciones de coerción, el
maltrato físico o emocional, y el consumo de sustancias controladas o la enfermedad mental sin tratar.
Aplicación preferente. Cuando la ley federal o estatal impone un requisito de antecedentes penales que entra en conflicto con la Ordenanza
FCO, prevalecerá la ley federal o estatal.
Sin represalias. Un empleador no debe emprender una acción adversa contra un solicitante o empleado por ejercer sus derechos bajo la
Ordenanza FCO o por cooperar con la Oficina de de las Normas Laborales (OLSE).
Requisito de notificación: Los empleadores están obligados a proporcionar este aviso a los solicitantes y empleados antes de realizar una
verificación de antecedentes y deben publicar este aviso en inglés, español, chino, y todo idioma hablado por más del 5% de los empleados
en el lugar de trabajo o sitio de trabajo.
Para obtener más información o para presentar una queja comuníquese con la: Oficina de las normas laborales (Oice of Labor Standards Enforcement: OLSE)
de San Francisco por medio de: Línea telefónica de atención directa: (415) 554-5192 Correo electrónico: fco@sfgov.org
Ang Ordinansa ng Makatarungang
Pagkakataon ng San Francisco
Post Where Employees Can Read Easily. Failure to post this notice may result in penalties.
• Ang pagdakip na hindi humantong sa paghahatol (maliban sa mga hindi nalutas na pagdakip);
• Pakikilahok sa programa ng paglilipat o pagpapaliban ng hatol;
• Ang paghahatol na inalis o binura;
• Ang paghahatol sa sistema ng hustisya sa kabataan;
• Ang paghahatol na lampas sa 7 taon (maliban kung ang posisyon ay namamahala o nagbibigay ng serbisyo sa mga menor de edad, mga matatanda, o
mga matatanda na umaasa);
• Ang mga pagsuway (maliban sa mga talaan ng pagsuway sa pagmamaneho kung ang pagmamaneho ay kasama sa trabaho); o
• Ang paghahatol sa asal na hindi na itinuturing na labag sa batas, katulad ng hindi komersyal na paggamit at pagpapalago ng marijuana.
Office of Labor Standards Enforcement
(415) 554-6469
For more information
please visit www.sfgov.org/olse
Ang Ordinansa ng Makatarungang Pagkakataon (The Fair Chance Ordinance/FCO) ang nangangasiwa kung kailan at paano maaring itanong
ng mga may-ari ng negosyo sa San Francisco at mga kontratista ng Lungsod ang tungkol sa talaan sa pagdakip at paghatol ng pagkakasala at
paggamit nito sa mga desisyon sa pagtanggap ng kawani. Simula noong Oktubre 1, 2018, lahat ng may-ari ng negosyo na may 5 o higit pang
empleyado sa buong mundo, at kontratista ng Lungsod anuman ang laki, ay nararapat na tumupad sa sumusunod na alituntunin:
• Ang may-ari ng negosyo ay HINDI MAARING magtanong tungkol sa mga pagdakip o mga paghatol sa aplikasyon sa trabaho.
• PAGKATAPOS lamang magbigay ng may pasubaling alok ng trabaho maaring magsagawa ng pagsusuri ng kasaysayan, o
magtanong tungkol sa mga paghahatol o mga hindi pa nalulutas na pagdakip.
• Pagkatapos magbigay ng may pasubaling alok ng trabaho, ang may-ari ng negosyo ay maaring isaalang-alang ang mga
paghahatol na direktang may relasyon sa trabaho, ngunit HINDI maaring isaalang-alang anuman sa mga sumusunod:
• Bago gumawa ng anumang gawaing salungat, katulad ng hindi pagtanggap sa aplikante dahil sa isang paghahatol, ang
may-ari ng negosyo ay kailangang:
• Abisuhan ang aplikante o empleyado at bigyan ng kopya ng pagsusuri sa mga kasaysayan, kung mayroon man;
• Bigyan ang aplikante o empleyado ng 7 araw para sumagot kasama ng katibayang hindi wasto sa pagsusuri sa kasaysayan o katibayan ng pagbabagong
buhay o iba pang nagpapagaan ng mga kadahilanan.*
• Muling isaalang-alang ang aksiyon batay sa katibayan na ibinigay ng aplikante o empleyado.
* Katibayan ng pagbabagong buhay: kabilang ang mga maayang mga tuntunin ng paglayang may kondisyon or probasyon, edukasyon o
pagsasanay, pakikilahok sa mga programa ng paggamot ng alkohol o droga, mga sulat ng rekomendasyon; at edad ng tao nuong hinatulan.
Ang mga nagpapagaan na kadahilanan ay mga bagay na nakaambag sa paghahatol, katulad ng sapilitang mga kondisyon, abusong pisikal o
emosyonal , at pag-abuso sa droga na hindi nagamot o sakit sa pag-iisip.
Pagpigil: Kung ang batas na pederal o estado ay nangangailangan ng kriminal na kasaysayan na sumasalungat sa FCO, ang batas na pederal
o estado ang iiral.
Walang Paghihiganti: Ang may-ari ng negosyo ay hindi maaring magsagawa ng masamang aksiyon laban sa aplikante o empleyado na
gumamit ng kanilang karapatan ayon sa FCO o makipagtulungan sa Opisina ng Pagpapatupad sa mga Pamantayan ng Paggawa (Oice of
Labor Standards Enforcement).
Kinakailangan na Paunawa: Ang mga may-ari ng negosyo ay kailangang magbigay ng paunawang ito sa mga aplikante o empleyado
bago gawin ang pagsusuri sa kasaysayan, at ipaskil itong paunawa sa Ingles, Kastila, Intsik at iba pang wika na ginagamit ng hindi bababa
sa 5% ng empleyado sa lugar ng trabaho o puwesto ng trabaho.
Para sa karagdagang kaalaman, o para maghabla ng reklamo, tawagan ang San Francisco Oice of Labor Standards Enforcement sa:
Hotline: (415) 554-5192 Email: fco@sfgov.org
Page 1 of 1
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