City of Columbia, SC Clarifies Coverage of Criminal Records and Salary History Ordinance
By William J. Simmons and Bill Foster on February 10, 2020
Last year, the City of Columbia, South Carolina enacted an ordinance that appeared to require substantial changes to private employers' criminal record and salary history inquiry practices. At the time of enactment, the ordinance defined a covered "employer" as the "City, private employers and government contracts; and any person regularly employing five or more persons, any person acting as an agent of an employer, directly or indirectly; or any person undertaking for compensation to procure employees or opportunities for employment." There was a disconnect, however, between this plain-text definition of "employer" and various other portions of the ordinance and public statements about the ordinance that otherwise suggested the City had actually not intended to cover private employers.
Shortly after the news of the ordinance's passage, a coalition of interested private employers wrote a detailed letter to the Mayor and City Council requesting that the ordinance be amended to cover only the practices of the City itself.1 We are informed that other interested stakeholders and groups contacted the City on the issue as well.
As a result, the City of Columbia City Council has now formally amended the ordinance to omit any coverage of private employers in the definition of "employer." The amended ordinance now reads that "Employer" is defined to include only "the City of Columbia as a municipal corporation."2
Therefore, private employers with no contracts or vending relationship with the City of Columbia can now confidently conclude they are not covered by the criminal history and salary history ordinance. City vendors should continue to monitor the City's practices and contracts issued by the City, though, because the ordinance presently "encourages" City vendors "to adopt and employ conviction and wage history policies, practices, and standards that are consistent with City standards." The ordinance also still provides that the City can review vendors' practices on these topics as part of the "criteria to be evaluated by the City when determining whether to award a City contract."
© 2020 Littler Mendelson. All Rights Reserved. LITTLER MENDELSON®, ASAP®, INSIGHT® and LITTLER REPORT® are registered trademarks of Littler Mendelson, P.C.
Posted: February 20, 2020
1This coalition effort was led by Littler's Workplace Policy Institute.
2The amendments can be found at: https://www.columbiasc.net/depts/city-council/docs/2019/2019%20Ordinances/Ordinance_2019_098_Amending_Chapter_2_Article_VII_Sec.2-352_Definitions_Employer.pdf.
All Rights Reserved © 2020 Certiphi Screening, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.
What Our Clients Are Saying
Everyone I have contacted at Certiphi has been a complete pleasure to work with. The Certiphi customer service rivals every other customer service I come in contact with. Everyone is always so professional, yet super nice! Thanks for all you do and keep up the amazing work and impeccable service that you provide!!!
Thank you so much! You have such an incredible reputation within our office; I think we would all say your customer service levels are continually at about 125%!
The response time has been very quick. The turnaround times are great. I love your systems and that I can go in and look at the process as its going.
It’s such a great customer service that you provide and I’m happy to tell that to anyone.
Working with Certiphi has been such a pleasure. Certiphi has taught me so much, not just about backgrounds but also the meaning of great business.
We flew through our NCQA licensure review. We very much appreciate Certiphi's help in earning a 100% score for the files!