Georgia
  • Updated on 12 Mar 2020
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Georgia

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Ban-The-Box & Fair Hiring Laws By State

We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.

Guidance
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.


STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the State of Georgia.

Timing of inquiry: Public sector employers for the state of Georgia may not inquire into criminal history on job applications. 

Adverse action implications: None


COUNTY LAWS

ALBANY, GA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Albany, GA.

Timing of inquiry: Public sector employers for the city of Albany may only inquire into criminal history at the first interview.

Individualized assessment: Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

Final adverse action: The final adverse action process must inform the applicant which parts of the report led to final adverse action.

ATLANTA, GA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the city of Atlanta, GA.

Timing of inquiry: Public sector employers for the city of Atlanta may only inquire into criminal history once the candidate has completed the second interview, or until deemed qualified.

Adverse action implications:

  • Final adverse action. The final adverse action process must inform the applicant which parts of the report led to final adverse action.

AUGUSTA, GA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the city of Augusta, GA, or for Augusta-Richmond County, GA.

Timing of inquiry: Public sector employers for the city of Augusta may only inquire into criminal history after the candidate is selected as a finalist.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

CHEROKEE COUNTY, GA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for Cherokee County, GA.

Timing of inquiry: Public sector employers for Cherokee County may only inquire into criminal history after the first interview.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

COLUMBUS, GA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Columbus, GA.

Timing of inquiry: Public sector employers for Columbus, GA may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action. The final adverse action process must inform the applicant which parts of the report led to final adverse action.

FULTON COUNTY, GA – PUBLIC SECTOR

Who must follow: This ban-the-box policy applies only if you are a public sector employer for Fulton County, GA.

Timing of inquiry: Public sector employers for Fulton County may only inquire into criminal history after the first interview.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action. The final adverse action process must inform the applicant which parts of the report led to final adverse action.

MACON BIBB COUNTY, GA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for Macon Bibb County, GA.

Timing of inquiry: Public sector employers for Macon Bibb County may only inquire into criminal history after the applicant has been deemed qualified for the position. They may not inquire prior to the first interview.

Adverse action implications:

  • Final adverse action. The final adverse action process must inform the applicant which parts of the report led to final adverse action.


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