North Carolina's Fair Chance Law
Cities or Counties with a Fair Chance Policy
Source: National Employment Law Project
Charlotte, NC
(Administrative policy applies to city)
- Banned the box
On February 28, 2014 Charlotte City Manager Ron Carlee announced that the City had “banned the box” for City applications. The Charlotte Human Resources director said she expected the number of applications for city jobs to increase as a result of the decision.
Charlotte Resource
Charlotte Human Resources Pre-Employment Background Check Policy
Charlotte Contact
Daryl V. Atkinson, Staff Attorney
Southern Coalition for Social Justice
[email protected]
Carrboro, NC
(Applies to town)
- Banned the box
- Incorporates EEOC criteria in individualized assessment
On October 16, 2012, the Carrboro Board of Alderman voted unanimously to ban the box on Town of Carrboro job applications. The Orange County Partnership to End Homelessness initially proposed the measure.
Carrboro Resources
Human Resources Memo (Oct. 16, 2012)
Durham County, NC
(Administrative policy applies to county)
- Banned the box
- Background check only after applicant selected for hire
- Incorporates EEOC criteria in individualized assessment
- Right to appeal denial of employment
- Provides copy of background check report
Effective October 1, 2012, the County does not inquire into an applicant’s criminal history on an initial employment application form, unless explicitly mandated by law. That threshold for inquiry is after an applicant’s credentials have been reviewed, it has been determined that the applicant is otherwise qualified for a position, and the applicant has been recommended for hire by the department where the vacancy exists. Records of criminal arrests, dismissals, or convictions which have been expunged may not be used. The policy explicitly incorporates language from the 2012 updated EEOC guidance-for example, applicants are provided opportunity for an individualized assessment.
Durham County Resource
Administrative Procedure (effective Oct. 1, 2012)
Durham County Contact
Daryl V. Atkinson, Staff Attorney
Southern Coalition for Social Justice
[email protected]
Durham, NC
(Administrative hiring policy applies to city)
- Banned the box
- Background check only after conditional offer
In February 2011, the City of Durham removed questions about criminal history from all employment applications. Potential employees who have been given a conditional offer of employment are subject to a background check as are volunteers. Background investigations are conducted on applicants for public safety positions, financially sensitive positions, and positions in direct contact with minors before applicants are placed in finalist status.
Durham Resources
City Application
Human Resource Management Memo (April 18, 2011)
Durham Contact
Daryl V. Atkinson, Staff Attorney
Southern Coalition for Social Justice
[email protected]
Spring Lake
(Administrative hiring policy applies to town)
- Banned the box
- Incorporates EEOC criteria in individualized assessment
Effective June 25, 2012, the Town of Spring Lake adopted a comprehensive statement of policy regarding criminal background checks for positions with the Town. According to the policy, an applicant’s conviction will be reviewed on a case-by-case basis. The policy offers one of the most comprehensive lists of factors to determine whether there is a “substantial relationship between the conviction and the position” and whether the applicant should be excluded.
Spring Lake Resources
Application
Administrative Policies and Procedures (July 16, 2012)
Spring Lake Contact
Daryl V. Atkinson, Staff Attorney
Southern Coalition for Social Justice
[email protected]
Cumberland County (Fayetteville, NC Area)
(Applies to county)
- Banned the box
On September 6, 2011, the Cumberland County Commissioners unanimously voted to ban the box and implement a new pre-employment background check policy.
Cumberland County Contact
Julean Self
Assistant Human Resources Director
[email protected]
