HomeMy WebLinkAboutTHE BAN THE BOX POLICY OF AUGUSTA, GEORGIA Ban the Box Policy and Procedures—October 31,2018
The Ban the Box Policy of Augusta, Georgia
1. POLICY SUMMARY
Augusta, Georgia's "Ban the Box"hiring policy promotes qualified applicant pools while
reducing recidivism in the community by allowing skilled and motivated job applicants to
participate in the hiring process without criminal history resulting in an automatic barrier to
employment. This policy governs only the evaluation of criminal history during the pre-
employment screening process.
2. POLICY STATEMENT
Augusta, Georgia("Augusta") is committed to a hiring policy that affords individuals with a
criminal background the opportunity to be considered for employment without compromising the
values or safety concerns of Augusta and its citizens. Unless state and/or federal law precludes
hiring an applicant who has a criminal conviction, Augusta will not inquire about an applicant's
criminal convictions until after the applicant is chosen as the selected candidate for a position or
a conditional offer of employment is extended.
3. APPLICABILITY
These procedures are applicable to positions under the authority and control of Augusta.
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Procedures for the Ban the Box Policy of Augusta, Georgia
1. PROCEDURES
A. Application Process
1) Employment applications shall not contain any questions related to the criminal
history of an applicant.
2) An applicant, however, must consent to a criminal background check, along with
other pre-employment screening, after receiving a conditional offer of
employment to be eligible for hire.
B. Evaluation of Criminal History/Selection Process
1) If an applicant is chosen as the selected candidate by the department head/hiring
manager(or designee),the Human Resources Department will extend a
contingent offer of employment to the selected candidate. The selected candidate
must consent to a criminal background check to be eligible for hire. All criminal
background checks will be executed by the Human Resources Department. For
SES positions, applicants may be subject to a comprehensive background check
conducted by law enforcement per the Administrator's request.
2) When conducting the criminal background check, the Human Resources
Department will make an individualized assessment of the relevance of the
criminal record to the duties and responsibilities of the position. The selected
candidate will be afforded an opportunity to explain the circumstances that led to
any conviction and present any mitigating factors within three(3)business days
of notice of negative criminal history. The selected candidate may request an in-
person meeting with the department head/hiring manager(or designee) and/or HR
personnel to explain his or her circumstances. The Human Resources Department
will make a recommendation to the department head/hiring manager(or designee)
based on the results of the individualized assessment.
3) After receiving the recommendation from the Human Resources Department,the
department head/hiring manager(or designee)will make the final decision
regarding hiring. The selected candidate will receive a final offer of employment
if selected for hire by the-department head/hiring manager(or designee).
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C. Adverse Employment Decision
1) If the selected candidate is not hired because of his or her criminal history,he or
she shall be notified in writing within thirty(30) days of this decision, and the
selected candidate shall be provided with a photocopy of the results of the
criminal inquiry, indicating the specific conviction(s)that relate(s)to the
position's responsibilities.
D. Confidentiality/Improper Dissemination of Information
1) Any information obtained by Augusta that pertains to an applicant's criminal
history shall remain confidential and shall only be shared with individuals who
need to know the contents for evaluating candidates or employees in a manner
consistent with these procedures, except as dictated by law. Individuals who may
be privy to the criminal history of an applicant,which will be determined based
on the position, shall include only the department head/hiring manager(or
designee), HR Director(or designee), General Counsel(or designee),
Administrator(or designee), Sheriff(or designee), and the Mayor and the
Commission.No other individuals shall be privy to the criminal history of an
applicant.
2) No information obtained during the hiring process shall be used, distributed, or
disseminated by an employee or official for any purpose other than those
permitted under these procedures.
3) No information obtained during the hiring process shall be used, distributed, or
disseminated by any employee or official to any other entity or individual, except
as dictated by state and/or federal law.
4) Any employee who disclosures the criminal history of an applicant for any reason
inconsistent with these procedures, except for reasons dictated by law, shall be
subject to discipline, including termination.
2. EXEMPTIONS
These procedures do not apply to applicants who are selected for public safety positions,
positions involving work with children, or any other positions in which state and/or federal law
requires the exclusion of an applicant from employment because of criminal history. Augusta
shall inquire about the criminal history of individuals applying for these positions at the
beginning of the application process.
3. APPLICABILITY
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Ban the Box Policy and Procedures—October 31,2018
These procedures are applicable to positions under the authority and control of Augusta.
4. DEFINITIONS
a. Selected Candidate -the applicant who is chosen by the department head/hiring
manager(or designee) as the applicant receiving a contingent offer of employment
after the completion of the interview process.
b. Individualized Assessment—an evaluation of a selected candidate's criminal history
to include,but not limited to, whether the individual committed the offense (if only an
arrest);the nature and gravity of the offense;the time since the offense; and the nature
of the job for which the applicant has applied.
5. PROCEDURES TO IMPLEMENT POLICY
The Human Resources Department may develop procedures or other supplementary information
to support the implementation of this policy. Such supporting documentation requires the
approval of the Administrator.
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