FAQs

The consideration of a job applicant’s criminal history, including arrests or convictions, has historically had a negative impact on specific classes of people – due in large part, but not solely, to their race. Fair Chance Hiring Ordinances, which are also known as “Ban the Box” ordinances, are designed to eliminate to the greatest extent possible that discriminatory impact. They put in place the recommended best practices of the United States Equal Employment Opportunity Commission (EEOC), which is for a prospective employer not to ask about, conduct a criminal history check, or consider an applicant’s criminal history until the applicant has been given a conditional offer of employment.  The EEOC also recommends that an employer conduct an individualized assessment of each applicant’s criminal history as rejecting everyone with an arrest or conviction from all employment opportunities is likely discriminatory.

It prohibits consideration of a job applicant’s criminal history if that consideration results in discrimination based on a protected class, including race, color, national origin, age, religion, disability, sex, sexual orientation, or gender identity. Discrimination in employment is prohibited by various state and federal employment laws, including Title VII of the Civil Rights Act of 1964, as amended, and the Texas Labor Code.

The ordinance does not prohibit a prospective employer from asking questions about or conducting a criminal history check on a job application, during an interview, or prior to a conditional job offer being given. It only prohibits doing so if the consideration of the applicant’s criminal history results in unlawful discrimination.

A Fair Chance Hiring Ordinance does not require an employer to hire an applicant with a criminal history if the applicant is deemed unsuitable or unqualified for the position. 

Furthermore, a Fair Chance Hiring Ordinance does not prohibit an employer from inquiring about an applicant’s criminal history if there are federal or state laws that require a criminal history check. There are laws that disqualify a person from holding a particular position due to a conviction for a certain offense (e.g., child day care facilities, public safety positions, certain financial or insurance positions) or where there is no discriminatory or disparate impact.

Except as provided in Question 6, all private employers within the City limits with 15 or more employees are covered under the proposed ordinance.

The proposed ordinance does not apply to religious organizations, the United States government (or any of its departments or agencies), or the State of Texas (or any of its departments, agencies, or political subdivisions).

No.  A Fair Chance Hiring Ordinance does not require an employer to hire an applicant with a criminal history if the applicant is deemed unsuitable or unqualified for the position. It only prohibits asking questions about or conducting a criminal history check on a job application, during an interview, or prior to a conditional job offer being given if the consideration of the applicant’s criminal history results in unlawful discrimination.

Should the proposed ordinance become effective, an individual who claims to have been discriminated against in violation of the ordinance may file a complaint, made under oath or affirmation, on a form provided by the City within ninety (90) calendar days after an alleged unlawful practice has occurred.  In addition to or in lieu of filing a complaint with the City, the individual may file a complaint directly with the EEOC or the Texas Workforce Commission (TWC).

Since the complaint would involve a claim of employment discrimination, the complainant would first be referred to the federal or state agency overseeing employment discrimination complaints: the EEOC (federal), or the TWC (State). The EEOC determines if a violation of Title VII of the Civil Rights Act of 1964 has occurred. The TWC determines if a violation of the Texas Labor Code has occurred. Neither the EEOC nor the TWC will investigate whether a violation of the City’s Fair Chance Hiring Ordinance has occurred. 

If the EEOC or TWC finds unlawful discrimination, those entities will take any remedial action that they deem appropriate.  The City of Denton will take no further action on the complaint.

If the EEOC/TWC investigates the complaint and does not issue a finding of unlawful discrimination, the complaint will be closed by those entities.

If the complaint receives notice from the EEOC or TWC that they cannot investigate the complaint based on a lack of jurisdiction, the complainant shall have 30 days to resubmit the complaint to the City for an investigation. 

If, during or after the investigation, the City determines that there is reasonable cause to believe that discrimination occurred, the City shall attempt to resolve the complaint between the two parties, using a third-party conciliator. 

If the two parties are unable to reach an agreement to conciliate the complaint, the matter may be referred to the City Prosecutor for review. The case may be heard in Municipal Court as a Class C misdemeanor, which carries a maximum $500 fine per violation (per City ordinance).

Each sustained complaint constitutes a separate and distinct violation of the Fair Chance Hiring Ordinance. For example, if five individuals applied for a position and all five filed a complaint with the EEOC/TWC, but unlawful discrimination was found in only three of those cases, then an employer would have committed three separate and distinct violations of the proposed Fair Chance Hiring Ordinance and would be subject to a fine of up to $500 per violation.

An employer may have a business located in Denton but is headquartered in another city, state, or country. Furthermore, questions about or decisions made regarding an applicant’s criminal history may be conducted by an employer’s representative not located in Denton.  Regardless of these conditions, employers who operate a business within the city limits of Denton are subject to its jurisdiction, including the proposed Fair Chance Hiring Ordinance.

The City will keep information confidential to the extent allowed by law. The complaint, the findings of the EEOC/TWC, and any subsequent prosecution in the Municipal Court are subject to public disclosure pursuant to the Texas Public Information Act or other applicable law. Prior to any release, documents related to the complaint or prosecution will be reviewed by the City Attorney’s Office to ensure information that is required to be withheld by state or federal law is redacted.

To avoid a potential claim of unlawful discrimination, the EEOC recommends that questions regarding a job applicant’s criminal history not be asked until after a conditional offer of employment has been given. The EEOC also recommends that a prospective employer conduct an individualized assessment of each applicant’s criminal history.