Cities or Counties with a Fair Chance Policy

Source: National Employment Law Project

Memphis, TN

• Banned the box
• Background check only for otherwise qualified applicants
• Incorporates EEOC criteria in individualized assessment
• Right to appeal denial of employment
• Provides copy of background check report

In June 2010, the Memphis City Council passed an ordinance to reduce barriers to employment for the City’s estimated 8,915 citizens on probation or parole. The ordinance bans the box and, “except as otherwise dictated by state and federal law,” permits inquiry into an applicant’s criminal history only after the applicant has been determined to be otherwise qualified. However, the ordinance still requires applicants to complete a form listing their entire criminal history prior to the City conducting a background check. If, after conducting a background investigation, the City makes an adverse hiring decision, the applicant is entitled to a copy of his or her “conviction history report with a highlight(s) of the particular conviction(s) that relate to the job’s responsibilities, thus warranting a denial of employment.” The applicant may then provide information rebutting the accuracy and/or relevance of the conviction history report. The ordinance includes a list of factors the City must consider when making an employment determination based on an applicant’s conviction record.

Memphis Resource

Memphis City Ordinance (May 18, 2010)

Memphis Contact

DeAndre Brown, Executive Director
Lifeline to Success
[email protected]