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(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 knowingly and intentionally make any inquiry about or to take any adverse action against any person on the basis of any arrest or criminal accusation made against such person, which is not then pending against that person and which did not result in a conviction. It shall further be an unlawful discriminatory practice for a City agency or private employer to require any person to disclose or reveal any arrest or criminal accusation made against such person which is not then pending against that person and which did not result in a conviction.
(2) Nothing herein shall prevent an Employer from making an inquiry, or requiring an Employee to respond to an inquiry, about a Pending Criminal Charge, when the employer possesses reasonably reliable information to indicate a Pending Criminal Charge has been lodged against the Employee that relates to the particular duties of their job. Employers may require employees to report a Pending Criminal Charge, provided the Employer does so pursuant to a written policy detailing what offenses are reportable. An employer shall not take an adverse action against an Employee based on a Pending Criminal Charge unless the offense bears such relationship to the Employee's duties that the Employer may reasonably conclude that the Employee's continued Employment would present an unacceptable risk to the operation of the business or to co-workers or customers, and that exclusion of the Employee is compelled by business necessity. 1193.1
Added, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021.