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City of Portland

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23.10.040 Exceptions.

A.  The prohibitions in this Chapter do not apply:

1.  If federal, state or local law, including corresponding rules and regulations, requires the consideration of an applicant’s criminal history;

2.  To an employer that is a law enforcement agency;

3.  To an employer in the criminal justice system; or

4.  To an employer seeking a nonemployee volunteer.

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 shall be required for any criminal convictions not contained on the City Criminal History Matrix.

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.  Positions which have been determined by administrative rule to present heightened public safety concerns or a business necessity;

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.