As used in this chapter the following terms have the following meanings:

Applicant means any person considered or who requests to be considered for employment by a city or county agency or vendor.

City or county agency means any office, department, agency, board or commission of the Consolidated City of Indianapolis and Marion County.

Conviction means 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.

Employee means all persons engaged in the operation or conduct of any business, whether as owner, any member of owner's family, partner, associate, agent, manager, or representative, and any and all other persons engaged or employed in said business.

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.

Inquiry means any direct or indirect conduct intended to gather information, using any mode of communication.

Interview means any direct contact by the employer with the applicant, whether in person or by telephone, to discuss the employment being sought or the applicant's qualifications.

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.

Vendor means any person or entity which employs the equivalent of ten (10) or more full-time employees in its total workforce and which holds or enters into a contract with a city or county agency.

(G.O. 2, 2014, § 1; G.O. 100, 2015, § 5)

In connection with printed and/or on-line employment application forms of a city or county agency, it shall be an unlawful discriminatory practice for them to contain a "Box" or inquiry regarding an applicant's prior criminal history.

(G.O. 2, 2014, § 1; G.O. 100, 2015, § 5; G.O. 42, 2017, § 1)

To prohibit unfair discrimination against persons previously arrested for one or more criminal offenses:

In connection with the licensing or employment of any person, it shall be an unlawful discriminatory practice for a city or county agency to 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 or county agency 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.

(G.O. 2, 2014, § 1; G.O. 100, 2015, § 5; G.O. 42, 2017, § 1)

To prohibit unfair discrimination against persons previously convicted of one or more criminal offenses:

(a)

In connection with the licensing or employment of any person, it shall be an unlawful discriminatory practice for a city or county agency to make any inquiry regarding or to require any person to disclose or reveal any criminal convictions during the application process. The application process shall begin when the applicant inquires about the employment being sought and shall end when an employer has accepted an employment application.

(b)

It shall further be an unlawful discriminatory practice for a city or county agency to make any inquiry regarding, or to require any person to disclose or reveal any criminal convictions against such person before and during the first interview. If an employer does not conduct an interview, that employer is prohibited from making any inquiries or gathering any information regarding the applicant's criminal convictions.

(G.O. 2, 2014, § 1; G.O. 100, 2015, § 5; G.O. 42, 2017, § 1)

It is the policy of the city to provide equal employment opportunities for qualified individuals without discrimination. Under federal law, the Equal Employment Opportunity Commission ("EEOC") prohibits the use of criminal records as a measure to exclude an applicant from employment without considering the following four (4) factors:

(1)

Whether the applicant committed the offense (if only an arrest);

(2)

The nature and gravity of the offense;

(3)

The time since the offense; and

(4)

The nature of the job for which the applicant has applied.

In accordance with EEOC guidelines, any city or county agency or vendor shall consider the above factors when deciding to offer employment to an applicant with a prior criminal conviction(s).

(G.O. 2, 2014, § 1; G.O. 100, 2015, § 5)

(a)

The party responsible for awarding city contracts shall review all vendors' policies, practices and standards for the hiring of applicants with prior criminal convictions to determine whether the vendors' practices, policies and standards are consistent with the city's policies, practices and standards.

(b)

The vendors' policies, practices and standards on employing applicants with prior criminal convictions may be made a part of the criteria to be considered by the city when awarding contracts and economic incentives.

(G.O. 2, 2014, § 1; G.O. 100, 2015, § 5; G.O. 42, 2017, § 1)

(1)

An employer hiring for positions where certain convictions or violations are a bar to employment in that position under state or Federal law, including but not limited to positions that involve work with children and positions in law enforcement, shall not be constrained from asking questions about those convictions or violations.

(2)

An employer hiring for licensed trades or professions, including positions such as interns and apprentices for such licensed positions, may ask applicants the same questions asked by the trade or professional licensing body, in accordance with state law.

(3)

The prohibitions of this chapter shall not apply if the inquiries or adverse actions prohibited herein are specifically authorized by any other applicable law.

(G.O. 2, 2014, § 1; G.O. 100, 2015, § 5)

(a)

Each violation of this chapter shall be punishable as provided in section 103-3 of the Code.

(b)

The city shall keep a record of all violations of the application provisions established by this chapter. A history of violation of this chapter's provisions shall be a factor which is considered by the city when deciding upon any future awards of contracts to the affected employer and may form the basis for denying any future contracts to the affected employer.

(c)

The mayor's office or such other office or agency as the mayor shall designate, shall administer and enforce this chapter and shall make a report on all such complaints, investigations and reviews to the city-county council on a quarterly basis.

(G.O. 2, 2014, § 1; G.O. 100, 2015, § 5)