FAQs

What is the penalty for violations?: Complaints may be made by job applicants to a business. The first violation will result in a warning letter to the business providing information about the Ordinance. Subsequent violations may result in a fine up to $500 per violation.

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Fair Chance Hiring

1. Why did the City consider this now?: This item was introduced by the City Council and placed on the City’s business plan in 2021.

Decrease possible discrimination against applicants who may have a criminal history.
Encourage applications from more people
Encourage employers to assess qualifications before exploring criminal history backgrounds

3. What were the steps taken to consider this Ordinance?: There were several steps taken to collect input and distribute information:
02.02.21 – council discussion in work session
03.03.21 – Chamber of Commerce webinar
03.11.21 – DeSoto Town Hall meeting
03.19.21 – City resident and business survey, homeowner survey, COC survey, DeSoto business survey, published on website and social media sites

4. What exactly does Fair Chance Hiring mean?: This ordinance requires eliminating the criminal history questions on all initial job applications. Eligible DeSoto businesses are prohibited from including a question about criminal history on initial job applications.

5. What does Fair Chance Hiring not mean?: Eliminating this question does not ignore the criminal history process or eliminate a business' right to investigate any criminal history or ask about any criminal history. It just means it cannot be done on the initial application. It can still be explored in interviews or in another recruiting scenario.

6. Who must comply?: DeSoto businesses with 15 or more employees must comply with the Ordinance.

7. Will some employers be excepted?: Yes, there are exceptions for certain entities and specific job applications. Non-profit 501(c) organizations, state agencies, and governmental bodies defined by Section 552.003 of the Government Code are not required to comply with the ordinance. A business is also not required to comply with the ordinance on initial job applications for specific positions where a person may be disqualified under a federal, state, or local law or to comply with legally mandated insurance or bond requirements for that position.

8. Is the City of DeSoto as an employer complying with this ordinance?: Yes. Based on this discussion and action by the DeSoto City Council, the City of DeSoto immediately removed questions about criminal history from the initial job applications for qualifying positions.

9. What is the penalty for violations?: Complaints may be made by job applicants to a business. The first violation will result in a warning letter to the business providing information about the Ordinance. Subsequent violations may result in a fine up to $500 per violation.