Atlanta Expands Anti-Discrimination Ordinance To Include Those With Criminal Histories

The City Counsel of Atlanta, Georgia recently amended its anti-discrimination ordinance to include protections for applicants and employees based on their criminal records history. Importantly, Atlanta employers are not entirely prohibited in considering criminal records in employment decisions. Rather, it provides that "any adverse hiring decisions based on criminal history must be based on how the criminal history relates to the position’s responsibilities in accordance with the following considerations: 1) whether the applicant committed the offense; 2) the nature and gravity of the offense; 3) the time since the offense; and 4) the nature of the job for which the applicant has applied.”

The Atlanta ordinance also makes it clear that employers will not be in violation if they are following state or federal laws that bar employment for certain positions based on criminal convictions.

Practically, this ordinance should not add much to Atlanta employers’ already existing obligations to make individualized employment decisions based on criminal records and inability to have, for example, a blanket “no felons” policy. In fact, the ordinance in many ways mirrors the EEOC’s guidance from 2012 on considering criminal records in employment decisions. However, it is an important reminder for all employers on the need to periodically review their hiring and background check policies and procedures as such “fair chance” and related “ban the box” laws are becoming increasingly prevalent at the state and local level.