The City Council in DeSoto, Texas recently passed a ban the box law impacting private employers in the city. The law will take effect January 1, 2022.
Under the ban the box ordinance, impacted employers may not inquire into an applicant’s criminal history on an initial job application. The ordinance makes clear that it does not apply to positions where an individual may be disqualified based on a federal, state or local law. Further, nothing in the law is intended to limit the “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.”
Impacted employers include those with at least 15 individuals whose primary work location is in the City of DeSoto for each working day in each of the 20 or more calendar weeks in the current or preceding year (including agencies acting on behalf of employers). The ordinance defines employment to mean “work for an employer for pay” including full-time, part-time, temporary, seasonal, contract, 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.
Alleged violations will be handled through a complaint process by the City. For an initial violation, the City will issue a written warning. Following that, any subsequent violations will be subject to a civil penalty not exceeding $500 per violation.