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§ 9-3504. Prohibition Against Unfair Discrimination Against Persons Previously Convicted Of One Or More Criminal Offenses.

(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 application process. The inclusion of such inquiry on an employment application shall be unlawful, whether or not certain applicants are told they need not answer the question. The application process shall begin when the applicant inquires about the employment being sought and shall end when an employer has extended a conditional offer of employment to the applicant. The inquiry prohibited by this Section shall include any question regarding the applicant's willingness to submit to a background check.

(a) If an applicant voluntarily discloses information regarding his or her criminal convictions during the application process, the employer may discuss the criminal conviction disclosed by the applicant at that time.

(b) An employer may give notice, to prospective applicants or during the application process, of its intent to conduct a criminal background check after any conditional offer 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) No employer shall maintain a policy of automatically excluding any applicant with a criminal conviction from a job or class of jobs. A prospective employer shall not reject an applicant based on his or her criminal record, unless such record includes conviction for an offense that bears such relationship to the employment sought that the employer may reasonably conclude that the applicant would present an unacceptable risk to the operation of the business or to co-workers or customers, and that exclusion of the applicant is compelled by business necessity. An employer shall make a determination regarding such risk only after reviewing the applicant's specific record and the particular job being sought, and conducting an individualized assessment of the risk presented. Such assessment shall include:

(a) The nature of the offense;

(b) The time that has passed since the offense;

(c) The applicant'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; and

(f) Any evidence of the applicant's rehabilitation since the conviction.

(3) A city agency or private employer may consider, for employment purposes, a prospective employee's conviction record only to the extent that the conviction 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.

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