In 2016, the City of Sacramento City Council adopted an ordinance establishing Sacramento’s Ban the Box Law prohibiting private employers awarded city contracts of at least $100,000 from asking applicants about their conviction history on applications. Sacramento City Code § 3.62.030.
Sacramento’s Ban the Box law covers private employers, which means a person or entity that is a party to a city contract of at least $100,000 and employees at least 20 full or part-time employees. Sacramento City Code § 3.62.020. Subcontractors providing services under the city contract are also covered employers if they have at least 20 full or part-time employees, or the amount of the subcontract is at least 25% of the city contract amount.
Federal, state, or local government entities or agencies are exempt from Sacramento’s Ban the Box law.
City Contract Defined
A city contract is post-January 1, 2017 contract for services or a public project worth at least $100,000. Sacramento City Code § 3.62.010. Where a covered employer is awarded multiple contracts in twelve months, the Sacramento Ban the Box law aggregates the cumulative value of the contracts for purposes of Ban the Box law.
Contracts awarded by the city manager relating to an emergency are exempt from Sacramento’s Ban the Box Law. Similarly, contracts for the purchase or lease of equipment, supplies, or other personal property are exempt from Sacramento’s Ban the Box law.
Sacramento’s Ban the Box law does not apply to positions that do not involve work pursuant to a city contract. Sacramento City Code § 3.62.030. Sacramento’s Ban the Box law does not apply to supply contracts and positions that are otherwise required by law to conduct conviction history background checks.
Sacramento’s Ban the Box Law Keeps Applicant Criminal History Private
Under Sacramento’s Ban the Box law, covered employers may not orally or in writing inquire into or demand disclosure of specific criminal history and criminal justice system information until after determining that the applicant meets the minimum employment qualifications. After determining that the applicant meets the minimum employment qualifications, the covered employer may conduct a criminal background check.
Sacramento Ban the Box Enforcement
Sacramento’s Ban the Box law does not contain a private right of action. Instead, the Sacramento City Manager, or a designee, enforces the Ban the Box law. The Ban the Box law does not provide for penalties.