§ 4-15-2. DEFINITIONS.

In this chapter:

(A)

ADVERSE ACTION means a refusal to hire, a refusal to promote, or the revocation of an offer of employment or promotion.

(B)

APPLICATION means a written or oral expression of interest in a job by an individual made in compliance with the employer's established criteria for receiving expressions of interest.

(C)

CONDITIONAL EMPLOYMENT OFFER means an oral or written offer by an employer to employ an individual in a job, or placement in a staffing agency's staffing pool, that is conditioned solely on the employer's evaluation of the individual's criminal history, and may be conditioned on any pre-employment medical examinations authorized under the Americans with Disabilities Act (ADA).

(D)

CRIMINAL HISTORY means an arrest, conviction, plea of nolo contendere, or deferred adjudication arising from a felony criminal accusation, or a Class A or Class B misdemeanor criminal accusation, made under state law, federal law, or a comparable law of another state of the United States.

(E)

EMPLOYMENT means to work for an employer for pay. The term includes full time work, part time work, temporary or seasonal work, contract work, casual or contingent work, work through the services of a temporary or other employment agency, and participation in a vocational, apprenticeship, or educational training program.

(F)

EMPLOYER means a person, company, corporation, firm, labor organization, or association that employs at least fifteen individuals whose primary work location is in the City for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. The term includes an agency acting on behalf of an employer. The term does not include:

(1)

the United States;

(2)

a corporation wholly owned by the government of the United States;

(3)

a bona fide private membership club (other than a labor organization) that is exempt from taxation under Section 501(c) of the Internal Revenue Code;

(4)

the state or a state agency; or

(5)

a political subdivision of the state.

(G)

INDIVIDUALIZED ASSESSMENT means an evaluation of the criminal history of an individual that includes, at a minimum, the following factors:

(1)

the nature and gravity of any offenses in the individual's criminal history;

(2)

the length of time since the offense and completion of the sentence; and

(3)

the nature and duties of the job for which the individual has applied.

(H)

JOB means an employment position with an employer for which the employer has solicited or accepted applications and which the employer is currently attempting to fill.

(I)

STAFFING AGENCY means an employer that:

(1)

assigns individuals employed by it to perform work for another employer; and

(2)

retains the obligation to pay such individuals for the work performed for the other employer.

(J)

STAFFING POOL means a list of individuals retained by a staffing agency before the assignment of a specific job to perform for another employer.

Source: Ord. No. 20160324-019, Pt. 1, 4-4-16 .