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ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 14, ARTICLE VIII
OF THE CODE OF ORDINANCES (NON-DISCRIMINATION IN PUBLIC
ACCOMMODATIONS, EMPLOYMENT PRACTICES, AND HOUSING), TO ADD A FAIR
CHANCE HIRING PROVISION TO SECTION 14-203-5 SETTING HIRING STANDARDS TO
LIMIT EMPLOYERS’ CONSIDERATION OF THE CRIMINAL HISTORY ON AN INITIAL
JOB APPLICATION; PROVIDING SEVERABILITY; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION AND CODIFICATION; PROVIDING FOR A PENALTY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton recognizes that people with criminal histories suffer from
pervasive discrimination in many areas of life, including employment, housing, education, and
eligibility for many forms of social service benefits; and
WHEREAS, an employer's neutral policy (e.g., excluding applicants from employment
based on certain criminal conduct) can disproportionately impact some individuals based on their
race or national origin as described in the U.S. Equal Employment Opportunity Commission
Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment
Decisions under Title VII of the Civil Rights Act, EEOC Enforcement Guidance No. 915.002; and
WHEREAS, the City of Denton recognizes that legal protections extended to most
protected classes under federal and state law do not apply to persons with criminal histories; and
WHEREAS, the City of Denton seeks to assist with the successful reintegration of formerly
incarcerated people into the community after their release; and
WHEREAS, lack of employment is a principal factor for recidivism, with people who are
employed proving significantly less likely to be re-arrested; and
WHEREAS, removal of obstacles to employment for people with criminal histories
increases public health and safety by providing economic and social opportunities to large groups
of citizens; and
WHEREAS, people with criminal histories represent a group of job seekers who are ready
to contribute and add to the workforce; and
WHEREAS, the City Council finds that denying an employment opportunity to an
otherwise qualified person based on the person's criminal history that is not relevant to the job
under consideration is unjust; is detrimental to the health, safety, and welfare of the residents of
the City; prevents the reintegration of the person into the community; creates a burden on public
resources and law enforcement; contributes to crime and recidivism; and contributes to
unemployment and harms the local economy; and
WHEREAS, the Council further finds that it is within the police power and the
responsibility of the City to remedy the problems enumerated in herein; and
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WHEREAS, the City Council declares it to be the public policy of the City that all persons
subject to its jurisdiction should enjoy equal human rights, including the ability to earn wages
through gainful employment, without being subject to discrimination based on their criminal
history; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference to the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Council finds that adopting this amendment to Chapter 14, Article VIII,
that Section 14-203-5 of the City Code of Ordinances removes an obstacle to employment for
people with criminal histories, increases public health and safety by providing economic and
social opportunities to large groups of citizens, ameliorates the disproportionate impact of certain
hiring practices on individuals based on their race or national origin, and enhance the quality of
life of the citizens of the City of Denton and serves a compelling governmental interest.
SECTION 3. Chapter 14, Article VIII of the City of Denton Code of Ordinances, entitled “Non-
Discrimination in Public Accommodations, Employment Practices, and Housing,” is hereby
amended to add Section 14-203-5(c), entitled “Fair Chance Hiring,” and provided as follows:
“Sec. 14-203-5: Employment Practices
. . .
(c) Fair Chance Hiring
(1) Policy Declarations.
(a) The City of Denton celebrates its diverse population, and to that end, it is
hereby declared to be the public policy of the City of Denton that all persons subject
to its jurisdiction should enjoy equal human rights, including the ability to earn
wages through gainful employment.
(b) The City of Denton recognizes that legal protections extended to most
protected classes under federal and state law have not been extended to protect
individuals with criminal histories, but that excluding applicants for employment
based on criminal history may result in discrimination, whether by intent or by
unlawful disparate impact, that denies equal employment opportunities due to an
applicant’s race, color, national origin, age, religion, disability, sex, sexual
orientation, or gender identity.
(c) The City of Denton recognizes that an employer that rejects everyone with
a criminal conviction from all employment opportunities is likely engaging in Postponed to First January Meeting 2024
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discrimination, and that an employment policy that rejects many more applicants
of one race, color, national origin, age, religion, disability, sex, sexual orientation,
or gender identity is discriminatory if the policy is not closely related to the job.
(d) The City of Denton has determined that employers waiting until later in the
hiring process to inquire about an applicant’s criminal history will reduce
discrimination, whether by intent or by unlawful disparate impact, that denies equal
employment opportunities due to race, color, national origin, age, religion,
disability, sex, sexual orientation, or gender identity.
(2) Definitions:
(a) In addition to the definitions in Section 14-203-2, the following definitions
also apply to Subsection 14-203-5(c).
(b) In Subsection 14-203-5(c), the following words, terms, and phrases, when used,
shall have the meanings ascribed to them, except where the context clearly indicates
a different meaning:
Adverse Action means an employer's refusal to hire, a refusal to promote, or the
revocation of an offer of employment.
Applicant means an individual who submits an initial job application or other
documentation for employment.
Conditional Employment Offer means an oral or written offer by an employer to
employ an individual in a job, or placement in an employment agency's staffing
pool, that is conditioned on the employer's evaluation of the individual's criminal
history.
Conviction means a record from any jurisdiction that includes information
indicating that a person has been convicted of a felony or misdemeanor, provided
that the conviction is one for which the person has been placed on probation, fined,
imprisoned, or paroled.
Criminal History means an arrest, conviction, plea of nolo contendere, or deferred
adjudication arising from a felony criminal accusation, or a Class A or Class B
misdemeanor criminal accusation, made under state law, federal law, or a
comparable law of another state of the United States.
Criminal History Report means any criminal history report, including, but not
limited to, those produced by the Texas Department of Public Safety, National
Crime Information Center (NCIC), Federal Bureau of Investigation, other law
enforcement or police agencies, or courts, or by any consumer reporting agency or
business or employment screening agency or business.
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Employment means to work for an employer for pay. The term includes full time
work, part time work, temporary or seasonal work, contract work, casual or
contingent work, work through the services of a temporary or other employment
agency, and participation in a vocational, apprenticeship, or educational training
program.
Individualized Assessment means an evaluation of the criminal history of an
individual that includes, at a minimum, the following factors:
(1) the nature and gravity of any offenses in the individual's criminal
history;
(2) the length of time since the offense and completion of the sentence;
and
(3) the nature and duties of the job for which the individual has applied.
Initial Job Application means the first written or oral expression of interest in a
job by an individual made in compliance with the employer's established criteria
for receiving expressions of interest.
Job means an employment position with an employer for which the employer has
solicited or accepted applications and which the employer is currently attempting
to fill.
Staffing Pool means a list of individuals retained by an employment agency before
the assignment of a specific job to perform for another employer.
(3) Applicability
(a) Subsection 14-203-5(c) applies to an employer as defined in Section 14-
203-2.
(b) Subsection 14-203-5(c) does not apply to employment for which an
individual may be disqualified based on the individual's criminal history under a
federal, state, or local law, or compliance with legally mandated insurance or bond
requirement.
(c) Nothing in Subsection 14-203-5(c) limits an employer's authority to make
a hiring decision for any lawful reason, including the determination that an
individual is unsuitable for the job based on an individualized assessment of the
applicant's criminal history.
(4) Fair Chance Hiring Practices
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(a) An employer may not commit any of the following listed actions where such
action results in discrimination, whether by intent or by unlawful disparate
impact, that denies an applicant an equal employment opportunity due to race,
color, national origin, age, religion, disability, sex, sexual orientation, or gender
identity:
(1) An employer may not publish or cause to be published information
about a job that states or implies that an individual's criminal history
automatically disqualifies the individual from consideration for the
job.
(2) An employer may not solicit or otherwise inquire about the criminal
history of an individual in an initial job application for a job.
(3) An employer may not inquire in oral or written form about an
applicant’s criminal history, solicit a criminal history report about an
applicant, or consider an applicant's criminal history before the
employer has first made a conditional employment offer to the
applicant. This does not preclude an employer from explaining to
applicant, in writing, the individualized assessment process that the
employer uses to consider criminal history.
(4) An employer may not refuse to consider employing an individual in
a job because the individual did not provide criminal history
information before the individual received a conditional employment
offer.
(5) An employer may not take adverse action against an individual
because of the individual's criminal history unless the employer has
determined that the individual is unsuitable for the job based on an
individualized assessment conducted by the employer.
(6) An employer who takes adverse action against an individual based
on the individual's criminal history must inform the individual in
writing that the adverse action was based on the individual's criminal
history.
(7) Notwithstanding any other part of Subsection 14-203-5(c), an
employment agency may solicit criminal history information about
an individual and make an individualized assessment of an
individual's criminal history before the staffing agency places the
individual in a staffing pool or has identified a job to which the
individual will be employed.”
SECTION 4. This Ordinance shall be cumulative of all provisions of ordinances of the City
of Denton, except where the provisions of this Ordinance are in direct conflict with the provisions Postponed to First January Meeting 2024
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of such ordinances, in which event the conflicting provisions of such ordinances are hereby
repealed.
SECTION 5. All other provisions of Chapter 14, Article VIII apply to Fair Chance Hiring
except where there is a direct conflict with a specific provision of Section 14-203-5(c), in which
case the specific provision of Section 14-203-5(c) shall control.
SECTION 6. It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase,
clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance,
since the same would have been enacted by the City Council without the incorporation in this
Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 7. The City Secretary is hereby directed to record and publish the above
regulations in the City's Code of Ordinances.
SECTION 8. Any person violating any provision of this Ordinance shall, upon conviction,
be found guilty of a Class “C” misdemeanor and fined a sum not to exceed five hundred dollars
($500.00) for each violation.
SECTION 9. This Ordinance shall become effective one hundred-twenty (120) calendar
days from the date of its passage, and the City Secretary is hereby directed to cause the caption of
this Ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of
the City of Denton, Texas, within ten (10) days of the date of its passage.
The motion to approve this Ordinance was made by _________________________ and seconded
by _________________________________; this Ordinance was passed and approved by the
following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Paul Meltzer, District 3: ______ ______ ______ ______
Joe Holland, District 4: ______ ______ ______ ______
Brandon Chase McGee, At Large Place 5: ______ ______ ______ ______
Chris Watts, At Large Place 6: ______ ______ ______ ______
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PASSED AND APPROVED this the _________ day of ___________________, 2023.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
JESUS SALAZAR, INTERIM CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _________________________________
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