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.
LOCAL JURISDICTIONS
AUSTIN, TX – PUBLIC AND PRIVATE SECTOR
Who must follow: This ban-the-box law applies to public sector employers for the City of Austin, TX, and to private sector employers with at least 15 employees whose primary work location is in the city.
Timing of inquiry: Public sector employers may not inquire into criminal history on the job application. Private sector employers in Austin may only inquire into criminal history after a conditional offer of employment.
Adverse action implications:
Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.
Final adverse action. This notice must state that final adverse action was based on criminal history if results of the background check led to final adverse action.
Who must follow: This ban-the-box law applies only to employers in DeSoto, TX with 15 or more employees. Non-profits, state agencies, and government bodies are exempt. However, the City of DeSoto must abide by the ordinance in its own hiring practices.
Timing of inquiry: Employers may not inquire into criminal history on the job application.
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