Criminal History Status Now a Protected Class in Atlanta

Employers who hire in Atlanta should review their procedures to ensure compliance

In November 2022, the Atlanta City Council amended its anti-discrimination ordinance to include “criminal history status” as a protected class, alongside existing protections like race, sex, and religion. This ordinance impacts employers by prohibiting discrimination against job applicants or employees based solely on their criminal history. However, the law does allow employers to consider criminal records in hiring decisions, provided that they evaluate specific factors.

For employers, the key factors to consider when making decisions related to criminal history include:

  1. Whether the applicant or employee committed the offense.
  2. The nature and severity of the offense.
  3. The amount of time since the offense occurred.
  4. How the offense relates to the responsibilities of the job.

If a criminal record is relevant to the position and the evaluation of these factors justifies it, an adverse decision based on criminal history is not considered a violation of the ordinance. This framework closely aligns with the guidelines provided by the U.S. Equal Employment Opportunity Commission (EEOC) in 2012, which are designed to ensure that criminal history is evaluated fairly and not used to automatically disqualify applicants.

Additionally, the ordinance mandates that both “criminal history status” and “gender expression” be included in prohibitions against discriminatory job advertisements. Employers should take care when crafting job postings to avoid language that could be perceived as discriminatory based on these newly protected characteristics.

The ordinance applies to private employers with 10 or more employees and took effect immediately. It does not clarify whether it applies only to businesses physically located within Atlanta or to those doing business in the city, so companies with any presence in Atlanta should review their hiring and background check practices to ensure compliance. Employers should also consider reviewing their existing job postings and hiring policies, particularly with regard to criminal background checks, to avoid potential liabilities.

If a violation is alleged, individuals can file complaints with the Atlanta Human Relations Commission, which handles these claims under the ordinance. To minimize risks, employers should stay informed on evolving local and federal regulations surrounding background checks and ensure their practices align with both sets of laws.

 

 

Fair Screen is a background screening company dedicated to helping employers fairly use criminal records in the hiring process. Contact Us to learn more about how a well-tuned screening process can speed the time to hire, include more job applicants, and help ensure your consistency and compliance. Help us make a difference!

 

 

The foregoing content is not given as legal advice but is instead offered for informational purposes only. Fair Screen is not a law firm and therefore cannot offer legal advice. We always recommend speaking with an attorney who is knowledgeable about your company’s individual circumstances prior to making any hiring decisions or policy changes. Fair Screen makes no assurances regarding the accuracy or completeness of this content.