Austin, TX

Texas Decimates Many Local Laws – Fair Chance Hiring Practices Eliminated In Austin

Published

1 year ago

August 19, 2023

Texas Decimates Many Local Laws – Fair Chance Hiring Practices Eliminated In Austin

The preemption of Austin’s “ban the box” law brings to the forefront a delicate balancing act … [+] between inclusivity, anti-discrimination, and due diligence.

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In the intricate landscape of employment law, the Lone Star State has recently taken a bold step by preempting local laws and ordinances that surpass or conflict with state laws, such as Austin’s Fair Chance Hiring Ordinance, or “ban the box” law. This move carries significant implications for employers in Austin who conduct criminal background checks of job candidates requiring that employers recalibrate their hiring practices and understand the shifting sands of compliance.

Understanding Preemption

Preemption, in the realm of law, refers to the concept where a higher level of government authority supersedes or displaces the regulations of a lower level of government. In the context of Texas, this means that state laws take precedence over local laws and ordinances, effectively rendering them null and void.

Texas House Bill 2127, referred to as The Texas Regulatory Consistency Act or the “Death Star” law, aims to eliminate the varying set of regulations that are inconsistently enforced throughout the state. The Act intends to restore regulatory control over commerce to the state level by preventing cities and counties from enforcing or enacting any legislation that governs labor practices in a manner exceeding or conflicting with state regulations. Texas’s Death Star law will impact a myriad of local laws affecting everything from workers’ rights to residential issues and becomes effective September 1, 2023.

Hiring in Austin is directly impacted by Texas’s new law. While Austin may have been at the forefront of fair chance hiring and “ban the box” legislation by passing a law in 2016 prohibiting private employers from asking job applicants about their criminal histories until after a conditional job offer, Texas has asserted its authority by preempting these local efforts. As a result, Austin’s Fair Chance Hiring Ordinance can no longer be enforced by the city. A similar ordinance, passed in DeSoto, Texas, in 2021 will also be unenforceable.

Impact on Employers

For employers in Austin who have been diligently following the “ban the box” measure, the preemption introduces a seismic shift in their hiring protocols. It is crucial for employers to recognize that the prohibition on criminal history inquiries at the initial stages of the hiring process and additional adverse action requirements will no longer be required. While this may offer more latitude in evaluating candidates, it also presents new complexities and considerations.

For example, Austin’s Fair Chance Hiring Ordinance requires that employers conduct an individualized assessment of a candidate’s criminal history, considering the nature and gravity of the criminal offenses, the time since the offenses occurred and the sentence was completed, and the nature and responsibilities of the job sought by the candidate. The assessment is similar to the guidance provided by the US Equal Employment Opportunity Commission concerning the consideration of arrest and conviction records in employment decisions. Austin’s ban the box law also requires that employers who deny candidates employment based on their criminal history notify the candidate as part of the adverse action process that the adverse action was based on the individual’s criminal history.

The preemption of Austin’s “ban the box” law brings to the forefront a delicate balancing act between inclusivity, anti-discrimination, and due diligence. Employers must now tread carefully to avoid unintentional discrimination while complying with Texas’s “Death Star” law.

Navigating Compliance

To help ensure compliance with the evolving legal landscape, Austin employers may need to recalibrate their hiring practices. Considerations for employers include:

Reviewing and Revising Policies: Employers may revisit and update their hiring policies to align with the state’s preemption stance. While not explicitly required, because Austin’s ban the box law will be preempted, employers who find it valuable to assess criminal history early in the application process may revise job applications and interview scripts to account for the reintroduction of criminal history inquiries.
Education and Training: Individuals who make employment decisions, such as managers and HR personnel, should receive comprehensive training on any revisions to policies and processes to ensure consistency in their application and minimize potential pitfalls related to discrimination and unconscious bias.
Individualized Assessment: While no longer expressly required by Austin’s ban the box law because of state preemption, employers are reminded of the EEOC’s enforcement guidance concerning the consideration of arrest and conviction records in employment decisions. Employers should adopt an individualized approach when assessing a candidate’s criminal history. Evaluate the relevance of the offense to the job, considering factors such as recency and severity.
Documentation and Decision-Making Uniformity: Maintain meticulous records of hiring decisions, outlining the rationale behind each candidate’s evaluation. Consistency in the application of policies is paramount to demonstrating fairness. Employers are encouraged to utilize tools that can help create an audit trail of the individualized assessment process.
Collaboration with Legal Counsel: Given the intricate nature of employment law, seeking guidance from legal professionals well-versed in Texas preemption and hiring regulations is a prudent step. Further, the enforcement of Texas’s Death Star law is expected to be challenged by several municipalities whose laws and ordinances will be eliminated by the law, making compliance with impacted laws and ordinances a moving target.

Texas’ preemptive move in the realm of fair chance hiring legislation challenges Austin and DeSoto employers to rethink their hiring strategies. The state’s assertion of authority necessitates reevaluating hiring policies to align with the changing legal landscape. By proactively addressing compliance and maintaining a delicate balance between inclusivity and due diligence, employers can navigate this shift while ensuring fair and informed hiring decisions. As we adapt to this new paradigm, the spotlight remains on the business community to foster an equitable employment environment within the bounds of the law.

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Austin, TX

No. 3 Texas ends UK’s bowl chances

Published

6 mins ago

November 23, 2024

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AUSTIN, Tx. (WKYT) – The Kentucky Wildcats (4-7, 1-7 SEC) ended their SEC slate with a 31-14 loss on the road against the No. 3 Texas Longhorns (10-1, 6-1 SEC). For the first time in eight seasons, UK will not be bowl eligible.

Junior quarterback Brock Vandagriff started the game for the Cats, going 3-7 for 51 yards, one touchdown and one interception. The staff opted to once against start true freshman Cutter Boley in the second half. The LCA alum wet 10-18 for 160 yards and an interception in the loss.

The Wildcats went 1-2 in the red zone and just 2-12 on third down conversions.

Senior inside linebacker Jamon Dumas-Johnson had a 25-yard fumble return for a touchdown, and also led the defense in tackles with eight.

Texas junior QB Quinn Ewers went 20-31 for 191 yards and two touchdowns for the Longhorns.

The season concludes next week as Kentucky hosts the Governor’s Cup game against Louisville at Kroger Field. Kick-off is set for noon on the SEC Network.

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Austin, TX

Texas’ Quinn Ewers competes against Simone Biles, others in DICK’S Sporting Goods competition

Published

9 hours ago

November 23, 2024

Press Room

Texas’ Quinn Ewers competes against Simone Biles, others in DICK’S Sporting Goods competition

Simone Biles, Dak Prescott, Chris Paul and Quinn Ewers are decorating DICK’S store in their hometowns of Houston, Dallas, San Antonio and Austin.

DICK’S Sporting Goods is joining in on the holiday cheer — along with a dose of competition among Texas cities, featuring some of the Lone Star State’s best athletes.

Simone Biles, Dak Prescott, Chris Paul and Quinn Ewers will be competing, just not on any athletic field. They are each responsible for decorating a DICK’S Sporting Goods store in their hometown, competing for the title of DICK’S Holiday Decorating Officer and a trophy.

The athletes have begun decorating at stores in Houston, Dallas, San Antonio and Austin. Videos by DICK’S Sporting Goods offer a sneak peek of each as the athletes add their own flair to spread holiday cheer.

The competition comes as part of DICK’S Sporting Goods and DICK’S Sporting Goods Foundation’s program Sports Matter, which funds and maintains youth sports programs across the nation. The four athletes will each get a $100,000 Sports Matter grant, to be awarded to a local youth sports organization(s) of their choosing.

“We’ve had a blast getting ready for the holidays with Texas’ most inspiring and entertaining sports icons,” said Kari DeGori, VP Local Marketing and Marketing Capabilities at DICK’S Sporting Goods. “These in-store displays are interactive, fun, a great place for photos, and each has its own tie of sport into the holiday – whether it’s a gingerbread locker room, a chimney basketball game, or a vintage farm basketball hoop. We hope that these displays add some extra joy for our customers while they shop for everyone on their list. And we’re thrilled to be able to partner with our Foundation’s Sports Matter program to extend the holiday cheer to deserving local sports organizations.”

“I love competing, so taking part in this Texas holiday contest with some of the best athletes across sports was a lot of fun,” said Chris Paul. “We are all trying to win and become DICK’S Holiday Decorating Officer, but no matter what, we all win as we have the opportunity to give back to youth sports. Thank you to DICK’S for awarding a $100,000 Sports Matter grant to the Chris Paul Family Foundation.”

This campaign will run across DICKS.com, YouTube, streaming, and social media, as well as broadcast on local TV, radio, and other audio platforms in Dallas, Houston, San Antonio, and Austin.

Quinn Ewers decorates Austin DICK’S store

Texas Longhorns quarterback Quinn Ewers is responsible for decorating the Austin DICK’S store on 183A Toll Road. A promotion video captures Ewers placing a giant cowboy hat on a snowman and standing amid a Longhorn-themed tailgate scene while on a video call with actor Matthew McConaughey.

Chris ‘CP3’ Paul decorates San Antonio DICK’S store

Over in San Antonio, Spurs point guard Chris “CP3” Paul is busy decorating the DICK’S store on Northwest Loop 410. CP3 can be seen carefully placing basketballs into a Christmas tree and building a holiday barn-themed basketball court, casually making backward swishes throughout a promotional video.

Simone Biles decorates Houston DICK’S store

World-famous gymnast and gold Olympic medalist Simone Biles has been tasked with decorating the Houston DICK’S store on the Gulf Freeway. In a promotional video, Biles stands in front of goat decorations wearing Olympic medals and a “GO FOR GOLD” sign display. Other notable decorations include a balance beam decked with stockings, a medal podium, and a photo op featuring “five golden rings.”

Dak Prescott decorates Dallas DICK’S store

Dallas Cowboys quarterback Dak Prescott is in charge of decorating the Dallas DICK’S store on University Drive. A promotional video depicts Prescott designing a gingerbread-themed locker room and a tunnel featuring holiday lights, speaking in front of snowmen decked in football gear.

MAP: Where are the DICK’S stores involved in the holiday decoration competition?

Locations of the DICK’S stores being decorated include the following:

Dallas: 2845 W University Dr., Denton, TX 76201
Houston: 18650 Gulf Freeway, Friendswood, TX 77546
San Antonio: 321 Northwest Loop 410, Suite 112, San Antonio, TX 78216
Austin: 5001 183A Toll Road, Suite N100, Cedar Park, TX 78613

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Austin, TX

Texas I-35 high-speed rail proposal is put into motion by lawmakers

Published

16 hours ago

November 23, 2024

Press Room

Texas I-35 high-speed rail proposal is put into motion by lawmakers

High speed rail proposal in Texas moves forward

Austin lawmakers are putting a proposal in motion that has been in the works for years; plans to build a high-speed rail on I-35.

AUSTIN, Texas – Austin lawmakers are putting a proposal in motion that has been in the works for years; plans to build a high-speed rail on I-35.

The goal of House Bill 483 is to connect Dallas, Austin, and San António, using high-speed rail.

“The excitement and enthusiasm around this bill has been kind of overwhelming. I am surprised how much everyone is paying attention to it. I’m excited and encouraged. I think Texas is a booming state, with a booming economy, but we are far behind infrastructure options for residents,” says State Representative House District 136 John Bucy.

House Bill 483 submitted by lawmakers in Austin spells out plans for a high-speed rail expected to reach speeds of 110 miles per hour, connecting Dallas to Austin to San Antonio along interstate 35.

Passenger rail service from Austin to Mexico

The Texas Passenger Rail Advisory Committee is considering expanding passenger rail services between Austin and Mexico.

“The interconnection of these major hubs that we are all traveling all the time would benefit our day-to-day lives. It is a way to a different mobility of travel then flying or driving in a car, it would be faster than driving in a car it would be safer. Many years ago, Rick Perry had plans to add more lanes and add a train up the I-35 corridor. We are not doing enough for infrastructure, and it needs to get done,” says Bucy.

Last year, Travis County Commissioner’s Court Judge Andy Brown met with officials in Bexar County to discuss the possibility of a passenger rail between Austin and San Antonio, pending an environmental study.

Mayor Watson also highlighted opportunities for developing an inner-city passenger rail to congress, in November 2023.

This year, The Texas Passenger Rail Advisory Committee discussed plans to add a high-speed passenger train along the corridor between Austin, San Antonio and Monterrey, Mexico.

Is a CTX passenger rail possible?

Travis County Judge Andy Brown is trying to get a passenger rail plan for Central Texas back on track.

This month, State Senator Sarah Eckhardt joined in efforts to get house bill 483 passed.

“This is going to be a long process. We are going to try to get this bill by first continuing to raise awareness, asking for a hearing in committee that won’t be until February or march at the earliest, so that process will be beginning, committee hearings and then hopefully we can continue to build support for it,” says Bucy.

According to the bill, high-speed rail would be constructed through state funds.

“What we are doing is directing the Texas Department of Transportation to enter into an agreement so they would have a bid process, people would make their bids for building and maintaining this line, so it would be like public private partnership,” says Bucy.

Rep. John Bucy says the goal is to get the bill to the governor’s desk.

“I know the governor loves to talk about Texas’s innovation and moving forward I would think a new high-speed mobility would be right up his alley,” says Bucy.

The bill would take effect in September 2025 if it is passed.

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