1. The purpose of this Chapter is to remove barriers to employment so that people with criminal histories can provide for themselves and their families; to reduce disparate impacts on people of color that result from the use of criminal history information in hiring and employment decisions; and to reduce recidivism through the reintroduction of formerly incarcerated persons into community life.

1. For purposes of this Chapter, the following definitions apply:
2. A.  City means the City of Portland as defined in Title 1 of the Code of the City of Portland.
3. B.  Commissioner means the Commissioner of the State of Oregon’s Bureau of Labor and Industries.
4. C.  Employer means any person or entity who directly or through an agent employs another for a position being performed a majority of the time within Portland, but does not include:
   1. 1.  The United States Government;
   2. 2.  The State of Oregon and any office, department, agency, authority, institution, association, society or other body of the state, including the legislature and the judiciary;
   3. 3.  Any political subdivision of the State of Oregon or any county, city, district, authority, public corporation or public entity other than the City; or
   4. 4.  Employers with fewer than six employees.
5. D.  Employ means to engage or use the personal service of another person on a full-time, part-time, temporary or seasonal basis, where the employer reserves the right to control the means by which such service is performed.
6. E.  Conditional offer of employment means any offer for a position that is conditioned solely on:
   1. 1.  The results of an employer’s inquiry into or gathering of information about a person’s arrest or conviction history; and/or
   2. 2.  Some other contingency expressly communicated to the applicant at the time of the offer.

1. A.  It is an unlawful practice for an employer to exclude an applicant from consideration solely because of the applicant’s criminal history.
2. B.  An employer may consider an applicant’s criminal history in the hiring process only after making a conditional offer of employment.  An employer violates this Chapter if an employer accesses an applicant’s criminal history prior to making a conditional offer of employment.
3. C.  It is not an unlawful practice for an employer to rescind a conditional offer of employment based upon an applicant’s criminal history if an employer determines in good faith that a specific offense or conduct is job related for the position in question and consistent with business necessity.
4. D.  In making the determination of whether an applicant’s criminal history is job related for the position in question and consistent with business necessity, an employer must conduct an individualized assessment of:
   1. 1.  The nature and gravity of the criminal offense;  
   2. 2.  The time that has elapsed since the criminal offense took place; and
   3. 3.  The nature of the employment held or sought.
5. E.  Nothing in this Section prevents an employer from considering an applicant’s criminal history after making a conditional offer of employment, except that an employer may not consider:
   1. 1.  An arrest not leading to a conviction, except where a crime is unresolved or charges are pending against an applicant;
   2. 2.  Convictions that have been judicially voided or expunged; or
   3. 3.  Charges that have been resolved through the completion of a diversion or deferral of judgment program for offenses not involving physical harm or attempted physical harm to a person.
6. F.  If, after consideration of an applicant’s criminal history, an employer rescinds the conditional offer of employment, the employer must notify the applicant in writing of its decision and must identify the relevant criminal convictions on which the decision is based.

1. A.  The prohibitions in this Chapter do not apply:
   1. 1.  If federal, state or local law, including corresponding rules and regulations, requires the consideration of an applicant’s criminal history;
   2. 2.  To an employer that is a law enforcement agency;
   3. 3.  To an employer in the criminal justice system; or
   4. 4.  To an employer seeking a nonemployee volunteer.
2. B.  For the following positions, an employer may consider an applicant’s criminal history at any point in the hiring process, and may use the City Criminal History Matrix provided by administrative rule to screen applicants, but must nonetheless comply with all other requirements of this Chapter.  An individualized assessment is required for any criminal convictions not contained on the City Criminal History Matrix.
   1. 1.  Positions involving direct access to or the provision of services to children, the elderly, persons with disabilities, persons with a mental illness, or individuals with alcohol or drug dependence or substance abuse disorders;
   2. 2.  Positions that have been determined by administrative rule to present heightened public safety concerns or a business necessity;
   3. 3.  Positions designated by the employer as part of a federal, state or local government program designed to encourage the employment of those with criminal histories.

The City Administrator may adopt administrative rules as authorized by Charter.

1. A.  The City Administrator may contract with the State of Oregon’s Bureau of Labor and Industries to enforce this Chapter.
2. B.  Pursuant to agreement in Subsection A., enforcement may be governed by the procedures established pursuant to ORS 659A.820 through 659A.865, or such other procedures as may be agreed upon by the State of Oregon’s Bureau of Labor and Industries  and the City.  Rules adopted by the City Administrator pursuant to Section 23.10.050 of this Chapter may also be used to implement enforcement and administration of this Chapter.
3. C.  Pursuant to agreement in Subsection A., any person claiming to be aggrieved by an unlawful employment practice under this Chapter, the State Attorney General or the City Attorney may file a complaint with the State of Oregon’s Bureau of Labor and Industries under procedures established under ORS 659A.820 through 659A.865, or such other procedures as the State of Oregon’s Bureau of Labor and Industries or the City may establish for taking complaints that will include options for resolution of complaints through such means as mediation.
4. D.  Pursuant to agreement in Subsection A., the State of Oregon’s Bureau of Labor and Industries will have the same enforcement powers with respect to the rights established under this Chapter as are established under ORS 659A.820 through 659A.865, and if the complaint is found to be justified, the complainant may be entitled to any remedies provided under ORS 659A.820 through 659A.865, and their implementing regulations and any additional remedies, provided that those remedies are specified in the agreement between the City and the Commissioner.

1. Any criminal history information obtained by an employer must remain confidential except where disclosure is required by law.

1. The City will develop and implement an outreach program to inform employers and members of the public about the terms of this Chapter.

1. If a provision of this Chapter or application thereof to any person or circumstance is judged invalid, the invalidity will not affect the other provisions or application of the Chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared severable.

1. This Chapter is effective immediately for drafting of the administrative rules under Section 23.10.050, contracting with the State of Oregon’s Bureau of Labor and Industries under Subsection 23.10.060 A. and public education and outreach under Section 23.10.080.  Enforcement of this Chapter under Subsections 23.10.060 B., C. and D. commenced July 1, 2016.