City of Denton Requests Public Feedback on Proposed “Ban-the-Box” Ordinance
November 10, 2023
The city of Denton, Texas, is seeking input from stakeholders on a proposed “Ban-the-Box” ordinance. This proposal will undergo a vote in January 2024 by the City Council. This hiring ordinance would bar practices that could discourage those with a criminal history from applying for or being considered for employment.
Under the current Fair Chance hiring ordinance, the city prohibits employers from certain activities if they result in unlawful discrimination. Examples of such restrictions include:
- “Publishing information that states or implies that criminal history is an automatic disqualifier for employment;
- Soliciting or otherwise inquiring about criminal history on a job application;
- Soliciting criminal history information or considering criminal history prior to a conditional employment offer;
- Refusing to consider an applicant because criminal history was not provided prior to a conditional employment offer; or
- Taking adverse action against an individual due to criminal history unless the individual is unsuitable for the job based on an individualized assessment.”
The changes in the law would allow employers to inquire about an applicant’s criminal history in specific cases. For example, federal or state laws requiring screening would override the Fair Chance hiring ordinance. Positions that qualify for such exemptions include public safety or childcare. Furthermore, it would not prevent background checks if it would not have a “discriminatory or disparate impact.”
Once approved, the city would add the proposed ordinance to its existing Non-Discrimination Ordinance. It would address complaints concerning the added details as it does for other provisions. Existing city policy refers specific complaints to the Equal Employment Opportunity Commission or other state or federal agencies. Such references apply to circumstances that state or federal law can handle.
In cases where a state or federal agency does not have jurisdiction, the city will investigate complaints and attempt to conciliate the issue. The City Prosecutor may review the case when conciliation agreements do not happen. The complaint may end in a Class C misdemeanor citation.
However, the proposed citation could see revision as the city seeks public feedback. The city encourages employers and other members of the public to respond. There are five feedback sessions and a public hearing scheduled before the vote in January.
Affected employers should consider providing feedback. Regardless of its passage, employers should consider reviewing their hiring policies and restrictions on hiring previous offenders. Second-chance hiring policies can significantly benefit employers and workers. The best way to get started on such a policy is by working with an experienced screening provider.
Discover the benefits of Pre-employ’s seamless background checks for your business. Contact a Sales representative today.
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November 10, 2023\n
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The city of Denton, Texas, is seeking input from stakeholders on a proposed \”Ban-the-Box\” ordinance. This proposal will undergo a vote in January 2024 by the City Council. This hiring ordinance would bar practices that could discourage those with a criminal history from applying for or being considered for employment.\n\n
\n
- \”Publishing information that states or implies that criminal history is an automatic disqualifier for employment;\n
- Soliciting or otherwise inquiring about criminal history on a job application;\n
- Soliciting criminal history information or considering criminal history prior to a conditional employment offer;\n
- Refusing to consider an applicant because criminal history was not provided prior to a conditional employment offer; or\n
- Taking adverse action against an individual due to criminal history unless the individual is unsuitable for the job based on an individualized assessment.\”\n\n
The changes in the law would allow employers to inquire about an applicant’s criminal history in specific cases. For example, federal or state laws requiring screening would override the Fair Chance hiring ordinance. Positions that qualify for such exemptions include public safety or childcare. Furthermore, it would not prevent background checks if it would not have a \”discriminatory or disparate impact.\”\n
Once approved, the city would add the proposed ordinance to its existing Non-Discrimination Ordinance. It would address complaints concerning the added details as it does for other provisions. Existing city policy refers specific complaints to the Equal Employment Opportunity Commission or other state or federal agencies. Such references apply to circumstances that state or federal law can handle.\u00a0\n
In cases where a state or federal agency does not have jurisdiction, the city will investigate complaints and attempt to conciliate the issue. The City Prosecutor may review the case when conciliation agreements do not happen. The complaint may end in a Class C misdemeanor citation.\n
However, the proposed citation could see revision as the city seeks public feedback. The city encourages employers and other members of the public to respond. There are five feedback sessions and a public hearing scheduled before the vote in January.\n
Affected employers should consider providing feedback. Regardless of its passage, employers should consider reviewing their hiring policies and restrictions on hiring previous offenders. Second-chance hiring policies can significantly benefit employers and workers. The best way to get started on such a policy is by working with an experienced screening provider.\n
\n
Discover the benefits of Pre-employ\u2019s seamless background checks for your business. Contact a Sales representative today.\n\n
\n
The city of Denton, Texas, is seeking input from stakeholders on a proposed \”Ban-the-Box\” ordinance. This proposal will undergo a vote in January 2024 by the City Council. This hiring ordinance would bar practices that could discourage those with a criminal history from applying for or being considered for employment.\n\n
- \n
- \”Publishing information that states or implies that criminal history is an automatic disqualifier for employment;\n
- Soliciting or otherwise inquiring about criminal history on a job application;\n
- Soliciting criminal history information or considering criminal history prior to a conditional employment offer;\n
- Refusing to consider an applicant because criminal history was not provided prior to a conditional employment offer; or\n
- Taking adverse action against an individual due to criminal history unless the individual is unsuitable for the job based on an individualized assessment.\”\n\n
The changes in the law would allow employers to inquire about an applicant’s criminal history in specific cases. For example, federal or state laws requiring screening would override the Fair Chance hiring ordinance. Positions that qualify for such exemptions include public safety or childcare. Furthermore, it would not prevent background checks if it would not have a \”discriminatory or disparate impact.\”\n
Once approved, the city would add the proposed ordinance to its existing Non-Discrimination Ordinance. It would address complaints concerning the added details as it does for other provisions. Existing city policy refers specific complaints to the Equal Employment Opportunity Commission or other state or federal agencies. Such references apply to circumstances that state or federal law can handle.\u00a0\n
In cases where a state or federal agency does not have jurisdiction, the city will investigate complaints and attempt to conciliate the issue. The City Prosecutor may review the case when conciliation agreements do not happen. The complaint may end in a Class C misdemeanor citation.\n
However, the proposed citation could see revision as the city seeks public feedback. The city encourages employers and other members of the public to respond. There are five feedback sessions and a public hearing scheduled before the vote in January.\n
Affected employers should consider providing feedback. Regardless of its passage, employers should consider reviewing their hiring policies and restrictions on hiring previous offenders. Second-chance hiring policies can significantly benefit employers and workers. The best way to get started on such a policy is by working with an experienced screening provider.\n
\n
Discover the benefits of Pre-employ\u2019s seamless background checks for your business. Contact a Sales representative today.\n\n
- Soliciting or otherwise inquiring about criminal history on a job application;\n