Tag: Atlanta law

Atlanta Bans Criminal History Discrimination in Employment December 6, 2022 The city council in Atlanta, Georgia, has recently adopted a new ordinance that amended its existing anti-discrimination laws. The amendment introduces new protections against discrimination based on criminal history. Furthermore, it largely corresponds with and expands on existing federal anti-discrimination laws, greatly expanding potential liabilities for Atlanta employers. Expanded Requirements This new legislation, now carried under the amended Code of Ordinances, Chapter 94 Human Relations, acquired approval without the mayor’s signature on October 26th, 2022. As a result, it has already gone into effect and applies to all private employers of ten or more individuals. This new ordinance now makes it unlawful for an employer to discriminate against applicants and employees based on gender identity and criminal history, in addition to previously protected classifications. Under these changes, it would be generally unlawful for an employer to discriminate against an individual based on their criminal history. However, the ordinance does insert two new subsections to the city’s Code of Ordinances, Chapter 94 (Human Relations) Article V Section 94-112. The subsections clarify how the law applies to making employment decisions and certain exclusions. Under the newly inserted subsection 3 of the ordinance, before making an adverse employment decision based on criminal history, an employer must consider the following factors in light of the position’s responsibilities: Whether the applicant committed the offense; the nature and gravity of the offense; the time since the offense; and the nature of the job for which the applicant has applied. Under subsection four, the ordinance provides exceptions for employers who must bar individuals with certain convictions or offenses under state or federal law. The law provides examples, including positions that work with children and law enforcement. These requirements greatly resemble guidance previously issued by the Equal Employment Opportunity Commission and those included in “ban the box” type laws around the country. Similarly, the ordinance now prohibits employers from “indicating any preference, limitation, specification, or discrimination” within the “printing or publication of notices or advertisements.” As it stands, it is unclear how this may impact job advertisements, in particular. Because of this uncertainty, it would be advisable to apply caution when addressing this ambiguity. Final Thoughts These new requirements follow suit with similar legislation passing nationwide concerning the treatment of criminal history in employment decisions. In light of these changes, employers should consider reviewing their hiring policies and procedures. One way to efficiently review these practices is by working with a trusted background check provider. The right provider will help ensure that their screening procedures align with the latest regulations. Easily verify your employment qualifications when you switch to pre-employment background checks. Talk to a sales representative today. Source

Tag: Atlanta law

Atlanta Bans Criminal History Discrimination in Employment

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