What Austin Employers Need to Know About Fair Chance Hiring Ordinance


Austin’s Fair Chance Hiring Ordinance remains the only Texas municipal “ban the box” ordinance restricting the ability of a private employer to consider a job candidate’s criminal history in a hiring decision. There is no corresponding Texas state law which sets forth a similar restriction.

What Employers are Covered by the Ordinance?

The ordinance applies to any “person, company, corporation, firm, labor organization, or association that employs at least fifteen individuals whose primary work location is in the City for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.” The ordinance does not apply to (1) the United States; (2) a corporation wholly owned by the government of the United States; (3) a bona fide private membership club (other than a labor organization) that is exempt from taxation under Section 501© of the Internal Revenue Code; (4) the state or a state agency; or (5) a political subdivision of the state.

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