Fair chance policy draws differing opinions from city’s private sector

Resident James Atkins said he was unable to find employment for years after a marijuana possession conviction for which he served no prison time, even though his experience and qualifications had previously earned him a position managing teams of 40 to 60 people and negotiating multimillion-dollar deals. The fair chance hiring ordinance means he and many other Austin residents will now have a better chance at securing employment, Atkins said.

“I could not get a job—I couldn’t,” he said. “This [new policy] means a chance to prove my merit. This means the chance to show what I’ve done and what I’m capable yet of doing.”

Austin businesses have one year to adopt the fair chance hiring policy, after which employers found in violation will receive a warning for a first-time offense and a fine of up to $500 for subsequent offenses.

For some businesses, implementing the new policy may not be simple or cost-effective, Greater Austin Chamber of Commerce spokesperson Jose Carrillo said.

“We don’t feel that it’s good business to have the background check when you make somebody a job offer, which is toward the end of the [hiring] process, because there are costs involved,” Carrillo said.

Some states with “ban the box” policies allow criminal background checks to be run after the first interview or at another point in the hiring process. Austin is now one of about 50 cities and states that require background checks to be delayed until after a conditional offer is made or finalists are selected.

Pamela Bratton, vice president of staffing firm Meador Staffing Services, voiced concerns March 24 about how the new policy would impact temporary staffing firms like hers, which need to provide employees at a moment’s notice and could lose time, money or clients if a background check is postponed until the end of the hiring process. City Council then made an exception to the policy for temporary staffing firms that allows them to run background checks before placing applicants in a pool of job candidates.

District 4 Council Member Greg Casar said the passage of the fair chance hiring ordinance is a significant step for Austin that shows the city’s commitment to social justice. Casar proposed the policy last year and led efforts to refine the policy based on stakeholder feedback. Austin passed a “ban the box” policy for city job applicants in 2008.