The following definitions shall apply to this article:
A. "Adverse Action" means an Employer's withdrawal or cancellation of a Conditional Offer of Employment made to an Applicant or a failure or refusal to employ the Applicant.
B. "Applicant" means an individual who submits an application or other documentation for Employment.
C. "City" means the City of Los Angeles.
D. "Conditional Offer of Employment" means an Employer's offer of Employment to an Applicant conditioned only on an assessment of the Applicant's Criminal History, if any, and the duties and responsibilities of the Employment position.
E. "Conviction" means a record from any jurisdiction that includes information indicating that a person has been convicted of a felony or misdemeanor, provided that the conviction is one for which the person has been placed on probation, fined, imprisoned or paroled.
F. "Criminal History" means information regarding one or more Convictions, transmitted orally or in writing or by any other means, and obtained from any source, including, but not limited to, the individual to whom the information pertains and a Criminal History Report.
G. "Criminal History Report" means any criminal history report, including, but not limited to, those produced by the California Department of Justice, the Federal Bureau of Investigation, other law enforcement or police agencies, or courts, or by any consumer reporting agency or business or employment screening agency or business.
H. "Designated Administrative Agency (DAA)" means the Department of Public Works, Bureau of Contract Administration, who shall bear administrative responsibilities under this article.
I. "Employee" means any individual who:
1. Performs at least two hours of work on average each week within the geographic boundaries of the City for an Employer; and
2. Qualifies as an employee entitled to payment of a minimum wage from any Employer under the California minimum wage law, as provided under Section 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission.
J. "Employer" means any individual, firm, corporation, partnership, labor organization, group of persons, association, or other organization however organized, that is located or doing business in the City, and that employs ten or more Employees, including the owner or owners and management and supervisorial employees. "Employer" includes job placement and referral agencies and other employment agencies. "Employer" does not include the City of Los Angeles, any other local governmental unit, or any unit of the state government or the federal government.
K. "Employment" means any occupation, vocation, job or work performed in the City, including, but not limited to, temporary or seasonal work, part-time work, contracted work, contingent work, work on commission and work through the services of a temporary or other employment agency, or any form of vocational or educational training with or without pay.
L. "Fair Chance Process" means an opportunity for an Applicant to provide information or documentation to an Employer regarding the accuracy of his/her Criminal History or Criminal History Report or that should be considered in the Employer's assessment performed pursuant to Section 189.03, such as evidence of rehabilitation or other mitigating factors.
M. "Inquire" means any direct or indirect conduct intended to gather Criminal History information from or about an Applicant, using any mode of communication, including, but not limited to, application forms, interviews and Criminal History Reports.