San Francisco Hiring Rules - Protected Classes

Labor and Employment California 4 Minutes Read · published February 06, 2026 Flag of California

Introduction

San Francisco, California requires employers to follow local hiring and anti-discrimination rules that protect a broad set of characteristics. This guide summarizes which protected classes commonly appear in San Francisco municipal rules and how employers and applicants can identify, prevent, and respond to unlawful hiring practices under city law and related enforcement pathways. It covers key obligations, common violations, the enforcement agencies that handle complaints, and practical steps to file and appeal decisions. For the controlling municipal text, consult the San Francisco Administrative Code as published by the city.Code Library[1]

Local law often lists classes that go beyond state protected characteristics.

Protected Classes Covered

San Francisco municipal rules and agency guidance commonly reference the following categories in employment and hiring contexts. Inclusion and exact wording vary by ordinance and implementing regulation; check the governing text cited above for precise definitions.

  • Race, color, national origin, and ancestry
  • Sex, gender, gender identity, and gender expression
  • Sexual orientation
  • Age
  • Religion and religious dress and grooming practices
  • Disability, medical condition, and HIV status
  • Marital status and family status, including pregnancy
  • Source of income and military or veteran status
  • Genetic information

Common Hiring Rules and Practices

City rules can affect job postings, application screening, interviews, background checks, and offers. Employers should:

  • Review job ads to remove language that suggests or implies preferential treatment based on protected traits
  • Use neutral, job-related selection criteria and document hiring decisions
  • Avoid disqualifying applicants on the basis of protected characteristics unless a lawful exception applies
  • Follow notice, posting, and recordkeeping requirements that relevant city rules or ordinances may impose
Document job requirements and how each candidate meets them to reduce risk of a discrimination claim.

Penalties & Enforcement

Enforcement of hiring-related discrimination in San Francisco is carried out through municipal agencies and may include administrative remedies, civil relief, and referrals to other enforcement bodies.

  • Enforcer: San Francisco Human Rights Commission or other city departments as specified in the ordinance; complaint intake and investigation procedures are published by the responsible agency.Human Rights Commission Complaints[2]
  • Monetary fines: specific fine amounts for municipal hiring discrimination are not specified on the cited page for every ordinance and may vary by rule or implementing regulation; see the cited municipal code and agency enforcement pages for amounts.
  • Escalation: first, repeat, and continuing offense frameworks are not specified on the cited page in a single consolidated table; agencies may pursue escalating remedies through administrative orders or civil action.
  • Non-monetary sanctions: orders to hire, reinstate, provide back pay, injunctive relief, corrective notices, training requirements, or other administrative orders may be imposed.
  • Inspections & complaints: file an intake or complaint with the enforcing department using the official complaint page linked above; investigators may request documents and interview witnesses.
  • Appeals & review: appeal or judicial review routes depend on the issuing agency and the relief ordered; specific appeal time limits are not specified on the cited page and should be confirmed with the enforcing department.
  • Defenses & discretion: employers may assert legally recognized defenses such as bona fide occupational qualifications, reasonable accommodations, or other lawful exceptions; availability and burden of proof depend on the rule cited.
If a specific penalty or deadline is critical, obtain the cited ordinance or agency order for exact language and timing.

Applications & Forms

The primary procedural form for alleging discrimination is an agency complaint intake form; the San Francisco Human Rights Commission provides complaint intake information and the agency may publish a form or online portal for submissions. If a named form number is required, that number is not specified on the cited page. For filing, use the agency complaint page listed above, or contact the department for assistance.Office of Labor Standards Enforcement[3]

FAQ

Which classes are protected under San Francisco hiring rules?
San Francisco municipal rules typically protect characteristics such as race, color, national origin, sex, gender identity, sexual orientation, age, disability, religion, pregnancy, marital status, genetic information, source of income, and veteran status; precise lists vary by ordinance and implementing regulation.
How do I file a discrimination complaint in San Francisco?
File a complaint with the enforcing agency (for example, the Human Rights Commission) via the agency complaint intake page; include your contact information, details of the alleged incident, dates, employer name, and any supporting documents.
Can an employer ask about criminal history during hiring?
Some local rules limit how and when criminal history may be used in hiring; city ordinances like the Fair Chance hiring rules apply in certain circumstances—check the municipal code and enforcement guidance before using arrest or conviction records.

How-To

  1. Gather evidence: collect job postings, applications, emails, interview notes, witness names, and any documents showing the discriminatory action.
  2. Complete the agency intake form: use the enforcing agency complaint portal to submit your written complaint and attach supporting documents.
  3. Meet deadlines: file promptly after the alleged discriminatory act; specific filing time limits are not specified on the cited page and may vary by rule.
  4. Participate in investigation or mediation: the agency may offer mediation or proceed to formal investigation; respond to requests for information.
  5. Pursue remedies: if the agency issues an order or you obtain a determination, follow appeal procedures or seek judicial review where available.
Keep clear, dated records of all communications to support any complaint or defense.

Key Takeaways

  • San Francisco’s hiring rules protect many classes beyond federal lists; always consult the municipal code for exact terms.
  • Document job criteria and hiring decisions to reduce exposure to claims.
  • File complaints with the designated city agency and follow its procedures for intake and appeals.

Help and Support / Resources

  1. [1] San Francisco Administrative Code - Code Library
  2. [2] San Francisco Human Rights Commission - Complaints
  3. [3] Office of Labor Standards Enforcement (OLSE)

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