(a) Findings.
(1) The U.S. Department of Justice’s Bureau of Justice Statistics (BJS) estimates that over 92 million Americans, roughly one in three adults, have a criminal history record involving an arrest or conviction.
(2) According to the BJS, nearly 700,000 people a year return to their communities from incarceration, and many are job seekers who are ready and able to become part of the work force.
(3) Studies indicate that job applicants are often precluded from even getting an interview when applications require disclosure of whether the applicant has a criminal record.
(4) Lack of employment is a significant cause of recidivism, which threatens public safety and disrupts the financial and general stability of affected families and communities.
(5) Increased government expenditures on law enforcement and social programs, necessitated by the inability of people with criminal records to find gainful employment, are an impediment to the County reaching its potential for economic growth.
(6) Increasing employment of people with criminal records improves public safety and reduces the financial burden on government.
(7) In 2012, the United States Equal Employment Opportunity Commission (EEOC) issued enforcement guidance regarding employers’ use of criminal background information in making employment-related decisions, recommending that the use of such information is job related and consistent with business necessity.
(b) Purpose. It is the purpose of this Article to:
(1) assist in the successful reintegration into the workforce of people with criminal records by removing improper barriers to employment; and
(2) enhance the health and safety of the community by assisting people with criminal records to lawfully provide for themselves and their families.
(c) Definitions. As used in this Article:
Applicant means a person who is considered or who requests to be considered for employment in the County by an employer or a current employee who requests to be considered for a promotion.
Arrest record means information indicating that a person has been apprehended, detained, taken into custody, held for investigation, or otherwise restrained by a law enforcement agency or military authority due to an accusation or suspicion that the person committed a crime.
Conditional offer means an offer of employment or an offer of a promotion that is conditioned solely on:
(1) the results of the employer’s later inquiry into the applicant’s criminal record; or
(2) another contingency expressly communicated to the applicant at the time of the offer.
Conviction record means information regarding a sentence arising from a verdict or plea of guilty or nolo contendre, including a sentence of incarceration, a fine, a suspended sentence, and a sentence of probation.
Criminal record report means a record of a person’s arrest and conviction history obtained from any source.
Director means the Executive Director of the Office of Human Rights and includes the Executive Director’s designee.
Employee means a person permitted or instructed to work or be present by an employer in the County.
Employer means any person, individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity operating and doing business in the County that employs 1 or more persons in the County. Employer includes the County government, but does not include the United States, any State, or any other local government.
Employment means:
(1) any work for compensation; and
(2) any form of vocational or educational training, with or without compensation.
Inquiry or Inquire means any direct or indirect conduct intended to gather information, using any mode of communication.
Inquiry or Inquire does not include:
(1) a question about an applicant’s conviction record or arrest record when the existence of the record is disclosed by the applicant voluntarily and not in response to a question by the employer; or
(2) a question about an applicant’s employment history shown on the application or the applicant’s resume.
Vulnerable adult means an adult who lacks the physical or mental capacity to provide for his or her own daily needs. (2014 L.M.C., ch. 36, § 1; 2020 L.M.C., ch. 35, §1.)