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The City Council passed an Ordinance that makes it illegal for employers to discriminate against job seekers simply because they have any type of criminal conviction.

About The Ordinance

Atlanta’s City Council passed Ordinance 22-O-1748, which prohibits employers, landlords and other entities from discriminating against individuals who have any type of criminal record. The Ordinance explains that it is unlawful for employers to “refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment, because of such individual's race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, gender expression, criminal history status, age, or disability.”

The Ordinance extends anti-discriminatory protections a little further. It specifies:

• Employment agencies are prohibited to fail to refer an individual for employment because of their criminal history status.
• Labor organizations may not expel or discriminate against any person due to their criminal history status.
• Employers may not post job advertisements that in any way discriminate against individuals who have a criminal history.

Ordinance 22-O-1748 was approved and signed in October 2022.

Discrimination Defined

In the Ordinance, discrimination or discriminatory practices are defined as “any action or failure to act, whether by a single act or part of a practice, the effect of which is to adversely affect or differentiate between or among individuals, because of an individual's, or the perception of an individual's race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, gender expression, age, disability, criminal history, or the use of a service animal.”

Why The Ordinance Was Created

Members of the Atlanta City Council listed several reasons why the Ordinance was created, including:

• People who have a conviction in the United Stated are often forced to be “outliers of society” who are unable to find suitable housing or obtain jobs that pay livable wages.
• The Council hopes to combat the impacts of long-term incarceration.
• Employers are often unwilling to hire individuals who have criminal histories.
• An employer’s use of an applicant’s criminal history sometimes violates the prohibition against employment discrimination under Title VII of the Civil Rights Act of 1964.
• Atlanta prohibits discrimination against people who apply for city positions due to their prior criminal history, and this is a logical next step.

Background Checks

Employers in Atlanta are still permitted and encouraged to run background checks on applicants. They may also take adverse actions, such as denial of employment based on the gravity of an offense, the amount of time that has passed since an offense occurred and the nature of the job for which the person applied.

If Your Organization Is Hiring

Background checks are an essential part of every employer’s due diligence process. These reports help hiring managers make informed decisions, avoid claims of negligent hirings and maintain safe workplaces. If your business is bringing on employees, volunteers or contractors, please contact us.

The team at Backgrounds Online can help you customize screening packages for any position based on your specific needs, industry regulations and applicable laws. We are available to assist you Monday through Friday from 5am to 6pm PT.