Denton City Council members held a public hearing Tuesday night for the city’s proposed fair-chance hiring ordinance, one of several public comment periods for business owners and residents.
This hearing, though, drew the attention of more people than some of the city’s other events — only two people attended a recent one — offering more feedback for the council to make a decision.
The fair-chance hiring ordinance, as part of the city’s nondiscrimination ordinance, would prohibit private employers in Denton with more than 15 employees from the following activities if it results in unlawful discrimination:
- Publishing information that states or implies that criminal history is an automatic disqualifier for employment;
- Soliciting or otherwise inquiring about criminal history on a job application;
- Soliciting criminal history information or considering criminal history before a conditional employment offer;
- Refusing to consider an applicant because criminal history was not provided before a conditional employment offer; or
- Taking adverse action against an individual due to criminal history unless the individual is unsuitable for the job based on an individualized assessment.
Most people who spoke Tuesday night supported the ordinance, including several council members and a local grassroots organization, Denton Worker.
Denton Chamber of Commerce President Erin Carter arrived during the public hearing to read a letter from the chamber’s board that asked council members not to pass the ordinance and indicated that doing so could have “unintended consequences by criminalizing the hiring process.”
As the chamber said in the letter Tuesday night, the Equal Employment Opportunity Commission (EEOC) already investigates discrimination complaints against employers, as does the Texas Workforce Commission.
However, the city is proposing with the ordinance to use a third-party contract to investigate discrimination complaints if the federal and state have no jurisdiction for some reason.
“This initiative does not create more jobs and hamstrings businesses,” Carter read.
The board claimed that it also gives the city’s competitors, such as other nearby cities, something to use against Denton when they are vying for businesses to move into the community.
Mayor Gerard Hudspeth agreed and Tuesday reiterated what the board had claimed about federal and state systems already in place to investigate. Hudspeth also asked city staffers to provide data for how fair-chance hiring actually helps people in January, when the council will be discussing the issue again.
“I would do anything to live in a world where all you had to do was pass an ordinance and everybody got a fair chance,” Hudspeth said. “I hope that everyone at this dais knows in your hearts of hearts that is not true.”
Council member Joe Holland also agreed with Carter and Hudspeth, claiming that they were simply creating another level of bureaucracy and should leave the hiring to the employers.
“The city of Denton has no place determining what criteria private employers should be considering,” Holland said.
Council member Vicki Byrd reminded that there is bureaucracy out there and that they should be mindful that not everyone has the same playing field as applicants, with or without a criminal history.
“Our job is to make sure that we are on a level field,” Byrd said.
Council member Brandon Chase McGee, who originally proposed the ordinance, claimed that they’ve been hearing from people resistant to changes in their communities who are trying to stop the ordinance from moving forward.
While several business owners and some council members complained that the government shouldn’t tell private employers what to do, McGee pointed out that the government regulates employers for a reason.
Otherwise some employers, for example, could be working employees much longer than 40 hours each week without overtime or proper safety practices.
“I thank God that government tells employers what to do,” McGee said.