Texas
  • Updated on 12 Mar 2020
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Texas

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Ban-The-Box & Fair Hiring Laws By State

We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.

Guidance
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.


COUNTY LAWS

AUSTIN, TX – PUBLIC AND PRIVATE SECTOR

Who must follow: This ban-the-box law applies to public sector employers for the City of Austin, TX, and to private sector employers with at least 15 employees whose primary work location is in the city.

Timing of inquiry: Public sector employers may not inquire into criminal history on the job application. Private sector employers in Austin may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.
  • Final adverse action. This notice must state that final adverse action was based on criminal history if results of the background check led to final adverse action.

DALLAS COUNTY, TX – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Dallas County, TX.

Timing of inquiry: Public sector employers for Dallas County may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

SAN ANTONIO, TX – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the city of San Antonio, TX.

Timing of inquiry. Public sector employers for the city of San Antonio may only inquire into criminal history after a conditional job offer.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

TRAVIS COUNTY, TX – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Travis County, TX.

Timing of inquiry: Public sector employers for Travis County may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.
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