The City of Austin became the first city in Texas to add a Ban-the-Box law when it passed
Ordinance 20160324-019. While the law was effective on April 4, 2016, it will not be enforced until March 24, 2017, giving employers time to comply
.
In Austin the ordinance states an employer cannot ask about an applicant's criminal record until a conditional job offer has been made. It covers companies that regularly have 15 or more employees working within Austin. This law does not apply to government employers or where the employer has legally mandated requirements that disqualify an applicant based upon criminal activity.
The law does provide some relief for staffing agencies, allowing a temporary agency to seek criminal information at the time of placing the person in the staffing pool and when the agency has identified a job to which the individual will be employed.
Under this law employers are required to conduct an individual assessment using the three traditional factors: nature and gravity of the offense, how long ago it happened and how the crime applies to the job. If an employer rejects a person for a job or promotion, the employer must state in writing to the person that the criminal history has disqualified them from the job.
