As used in this Chapter the following terms have the following meanings:
(1) Applicant. Any person considered or who requests to be considered for employment by an employer.
(2) City agency means the City, or any City department, agency, board or commission.
(3) Conditional offer of employment means an offer by an employer to hire an applicant, which may be withdrawn only if the employer subsequently determines that the applicant (i) has a conviction that did not result in exoneration and which, based on an individualized assessment as required by subsection 9-3504(3), would reasonably lead an employer to conclude that the applicant would pose an unacceptable risk in the position applied for; or (ii) does not meet other legal or physical requirements of the job. 1192.1
(4) Conviction shall mean any sentence arising from a verdict or plea of guilty or nolo contendere, including a sentence of incarceration, a suspended sentence, a sentence of probation or a sentence of unconditional discharge.
(4.1) Employee means any person employed or permitted to work at or for a Private Employer within the geographic boundaries of the City, including as an independent contractor, transportation network company driver, rideshare driver, or other gig economy worker. 1192.2
(5) Employment means any occupation, vocation, job, work for pay or employment, including temporary or seasonal work, contracted work, contingent work and work through the services of a temporary or other employment agency; or any form of vocational or educational training with or without pay. "Employment" shall not, for the purposes of this Chapter, include membership in any law enforcement agency, or domestic services in or about the private home in which the employer resides, as defined in the Pennsylvania Minimum Wage Act, 43 P.S. § 333.101, and its regulations at 34 Pa. Code § 231.1(b).
(5.1) Employment Process means the process by which an employer assesses the suitability of an Applicant for prospective employment or consideration of any aspect of the Employee's re-employment or continued employment, including promotion, raise or termination. 1192.3
(5.2) Exoneration means the reversal or vacation of a conviction by pardon, acquittal, dismissal or other post-conviction re-examination of the case by a court or other authorized government official. 1192.4
(6) Inquiry means any direct or indirect conduct intended to gather information, using any mode of communication.
(7) Criminal Justice Agency means any court, including the minor judiciary, with criminal jurisdiction or any other governmental agency, or subunit thereof, created by statute or by the State or Federal constitutions, specifically authorized to perform as its principal function the administration of criminal justice, and which allocates a substantial portion of its annual budget to such function; and agencies whose principal function relates to the administration of criminal justice, including but not limited to organized State and municipal police departments, local detention facilities, correctional facilities, probation agencies, district or prosecuting attorneys, parole boards, pardon boards, and public agencies that provide care, guidance and control to adjudicated delinquents.
(8) License means any certificate, license, permit, authorization or grant of permission required by the City as a condition for the lawful practice of any occupation, employment, trade, vocation, business, or profession. "License" shall not, for the purposes of this Chapter, include any license, authorization or permit to own, possess, carry, or fire any explosive, pistol, handgun, rifle, shotgun, or other firearm.
(8.1) Pending criminal charge means an existing accusation that a person has committed a crime, lodged through an indictment, information, complaint or other formal charge, where the accusation has not yet resulted in a final judgment, acquittal, conviction, plea, dismissal or withdrawal. 1192.5
(9) Private employer means any person, company, corporation, labor organization or association which employs any persons within the City of Philadelphia. It includes job placement and referral agencies, other employment agencies, and any third-party person or entity that facilitates the relationship of work for pay between two other parties, as full-time or part-time employees or as independent contractors. 1192.6
(10) Juvenile records means any records arising from the juvenile justice system, including records of arrests, petitions alleging delinquency, adjudications of delinquency, diversions, consent decrees, deferred adjudications, and records of decertified cases. 1193
Notes
| 1192 | Amended, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016. |
| 1192.1 | Amended, Bill No. 230571 (approved December 20, 2023). |
| 1192.2 | Added, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021. |
| 1192.3 | Added, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021. |
| 1192.4 | Added, Bill No. 230571 (approved December 20, 2023). |
| 1192.5 | Added, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021. |
| 1192.6 | Amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021. |
| 1193 | Added, Bill No. 180368 (approved June 20, 2018). |