05/05/2016
One of my colleagues wrote this summary on a new ordinance that will affect Austin employers. Let me know if our firm can help with any questions you may have!
On March 24, 2016, the Austin City Council passed the Fair Chance Hiring Ordinance, which will prohibit most employers from asking questions about or considering an individual’s criminal history until after making a conditional offer of employment. It is expected that the Ordinance will become effective 7 to 10 days after its passage. These types of ordinances have been tagged “Ban the Box” and are sweeping the nation and have been enacted in over 100 cities and counties and 22 states.
The Ordinance applies to any “person, company, corporation, firm, labor organization, or association that employs at least fifteen individuals whose primary work location is in the City for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.” It also applies to “an agency acting on behalf of an employer.” The Ordinance excludes any state agencies, 501(c) bona fide private membership clubs, and any “job for which a federal, state, or local law disqualifies an individual based on criminal history.”
The Ordinance is very broad and will encompass any kind of employment – including temp and contract work.
Employers in Austin or who have operations in Austin should assess if they are covered under the ordinance. If they are, they should:
· Revise job applications, interviewing guidelines and policies and procedures for background checks;
· Revamp the sequencing and timing of events in the hiring process; and
· Implement guidelines and documentation that comply with the new law.
