When used in this article, the following words and terms, unless
the context indicates a different meaning, shall be interpreted as
follows:
Adverse Action.
An employer’s refusal to hire, a refusal to promote,
or the revocation of an offer of employment or promotion.
Applicant.
An individual who submits an initial job application or other
documentation for employment.
Conviction.
A record from any jurisdiction that includes information
indicating that a person has been convicted of a felony or misdemeanor,
provided that the conviction is one for which the person has been
placed on probation, fined, imprisoned or paroled.
Criminal History.
An arrest, conviction, plea of nolo contendere, or deferred
adjudication arising from a felony criminal accusation, or a class
A or class B misdemeanor criminal accusation, made under state law,
federal law, or a comparable law of another state of the United States.
Criminal History Report.
Any criminal history report, including, but not limited to,
those produced by the Texas Department of Public Safety, National
Crime Information Center (NCIC), Federal Bureau of Investigation,
other law enforcement or police agencies, or courts, or by any consumer
reporting agency or business or employment screening agency or business.
Department.
The office of the city manager of city manager’s designee.
Employer.
A person, company, corporation, firm, labor organization,
or association that employs at least 15 individuals whose primary
work location is in the city for each working day in each of 20 or
more calendar weeks in the current or preceding calendar year. The
term includes an agency acting on behalf of an employer. The term
also includes the City of DeSoto. The term does not include:
(2)
A corporation wholly owned by the government of the United States;
(3)
An organization that is exempt from taxation under Section 501(c)
of the Internal Revenue Code;
(4)
The state or a state agency;
(5)
A governmental body (excluding the City of DeSoto) as defined
by section 552.003, Government Code.
Employment.
To work for an employer for pay. The term includes full-time
work, part-time work, temporary or seasonal work, contract work, 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.
Initial Job Application.
The first written or oral expression of interest in a job
by an individual made in compliance with the employer’s established
criteria for receiving expressions of interest.
Job.
An employment position with an employer for which the employer
has solicited or accepted applications and which the employer is currently
attempting to fill.
(Ordinance 2231-21 adopted 4/6/21)
(a) This
article applies to an employer as defined herein.
(b) This
article does not apply to an employment position for which an individual
may be disqualified based on the individual’s criminal history
under a federal, state, or local law, or compliance with legally mandated
insurance or bond requirement.
(c) Nothing
in this article limits an 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
of the individual’s criminal history.
(Ordinance 2231-21 adopted 4/6/21)
(a) It
shall be a violation of the article:
(1) For an employer to inquire on an initial job application about an
applicant’s criminal history.
(Ordinance 2231-21 adopted 4/6/21)
(a) A person
may file a complaint with the department and the department may investigate
complaints alleging a violation of this article.
(b) A complaint
alleging a violation of this article must be filed with the department
by or on the behalf of an aggrieved person within sixty (60) days
from the date of violation. A submitted complaint shall provide at
a minimum the following information:
(1) Name of company or employer;
(2) Location of company or employer;
(3) Date of incident or violation;
(4) Copy of the job application form alleged to be in violation of this
article; and
(5) Any additional information required by the department to investigate
the complaint.
(c) Upon
investigation by the department and a determination of a violation
under this article, the violator will be issued a notice of violation
by summons.
(Ordinance 2231-21 adopted 4/6/21)
(a) The
municipal court judge shall serve as the administrative hearing officer
and shall preside over the administrative adjudication hearings established
under this article.
(b) A violator
under this article is entitled to notice by summons.
(c) A summons
issued pursuant to this article must:
(1) Notify the violator that the person has the right to a hearing;
(2) Provide information as to the time and place of the hearing;
(3) State the type, date and location of violation;
(4) State the penalty range for which the violator may be liable; and
(5) Provide instructions and the due date for paying the civil penalty.
(d) The
person who is issued the summons is not required to attend the hearing
under this article.
(e) A violator
who fails to appear at a hearing authorized under this article is
considered to admit liability for the violation charged. The administrative
hearing officer shall issue an order of liability and assess appropriate
administrative penalty and costs and fees against the violator.
(f) At
a hearing under this article, the administrative hearing officer shall
issue an order stating whether the violator is liable for the violation.
Upon a finding of liability, the administrative hearing officer shall
issue an order:
(1) Assessing the civil penalty, costs and fees; and
(2) Requiring abatement of the violation by a specific date.
(g) Upon
a finding of liability, the administrative hearing officer may set
the date and time for a compliance hearing. A copy of the order shall
be provided to the violator as notice of the compliance hearing.
(h) If,
at a compliance hearing, the administrative hearing officer finds
that the violator has remedied or abated the violation, the administrative
hearing officer may reduce the applicable civil penalty, fees and
costs.
(i) If,
at a hearing under this article, the administrative hearing officer
finds the violator is not liable for the violation, the violator shall
not be responsible for any civil penalty, cost or fee.
(j) An
order issued pursuant to this article may be filed with the municipal
court clerk, who shall keep the order in a separate index and file.
The order may be recorded using microfilm, microfiche, or data processing
techniques.
(Ordinance 2231-21 adopted 4/6/21)
(a) For
a first violation of this chapter, the city shall issue a written
warning to the employer found to be in violation informing the employer
that a civil penalty may be assessed for a subsequent violation.
(b) An
employer found to be in violation of this chapter after receiving
a written warning shall be subject to a civil penalty not exceeding
five hundred dollars ($500.00) for each subsequent violation.
(Ordinance 2231-21 adopted 4/6/21)