§ 9-3504. Prohibition Against Unfair Discrimination Against Persons Previously Convicted of One or More Criminal Offenses. 1194
(1) In connection with the licensing or employment of any person, it shall be an unlawful discriminatory practice for a City agency or private employer to make any inquiry regarding or to require any person to disclose or reveal any criminal convictions during the Employment Process, except as required by federal or state law. The inclusion of such inquiry on an employment application shall be unlawful, whether or not certain Applicants or Employees are told they need not answer the question. The inquiry prohibited by this Section shall include any question regarding the Applicant's or Employee's willingness to submit to a background check. When such inquiry is required by federal or state law, such inquiry shall be conducted only after a Conditional Offer of Employment has been extended to the Applicant or Employee.
(a) If an Applicant or Employee voluntarily discloses information regarding his or her criminal convictions during the Employment Process, the employer may discuss the criminal conviction disclosed by the Applicant or Employee at that time.
(b) An employer may give notice, to prospective Applicants or during the Employment Process, of its intent to conduct a criminal background check after any Conditional offer of employment, promotion or re-employment is made, provided that such notice shall be concise, accurate, made in good faith, and shall state that any consideration of the background check will be tailored to the requirements of the job.
(2) It shall be an unlawful discriminatory practice for a City agency or private employer to reject an Applicant or Employee based on a conviction that resulted in exoneration. 1194.1
(3) No employer shall maintain a policy of automatically excluding any Applicant or Employee with a criminal conviction from a job or class of jobs. A prospective employer shall not reject an Applicant or Employee based on his or her criminal record, unless: such record includes conviction for an offense that did not later result in exoneration; the conviction bears such relationship to the Employment sought that the employer may reasonably conclude that the Applicant or Employee would present an unacceptable risk to the operation of the business or to co-workers or customers; and that exclusion of the Applicant or Employee is compelled by business necessity. An employer shall make a determination regarding such risk only after reviewing the Applicant’s or Employee’s specific record and the particular job being sought, and conducting an individualized assessment of the risk presented. Such assessment shall include: 1194.2
(a) The nature of the offense;
(b) The time that has passed since the offense;
(c) The Applicant's or Employee's employment history before and after the offense and any period of incarceration;
(d) The particular duties of the job being sought;
(e) Any character or employment references provided by the Applicant or Employee; and
(f) Any evidence of the Applicant's or Employee's rehabilitation since the conviction.
(4) A City agency or private employer may consider, for employment purposes, an Applicant's or Employee's conviction record only to the extent that the conviction did not result in exoneration and occurred fewer than seven (7) years from the date of the inquiry. Any period of incarceration shall not be included in the calculation of the seven (7) year period. 1194.3
Notes
| 1194 | |
| 1194.1 | Added, Bill No. 230571 (approved December 20, 2023). |
| 1194.2 | Amended, Bill No. 230571 (approved December 20, 2023). |
| 1194.3 | Amended, Bill No. 230571 (approved December 20, 2023). |