Common use of Criminal History in Hiring and Employment Decisions Clause in Contracts

Criminal History in Hiring and Employment Decisions. (a) Unless exempt, Xxxxxx will comply with and be bound by all of the provisions of San Francisco Labor and Employment Code Article 142 (Criminal History in Hiring and Employment Decisions), as amended from time to time (“Article 142”), which are incorporated into this Lease as if fully set forth, with respect to applicants and employees of Tenant who would be or are performing work at the Premises. (b) Tenant will incorporate by reference the provisions of Article 142 in all subleases of some or all of the Premises and require all subtenants to comply with those provisions. (c) Tenant and subtenants may not inquire about, require disclosure of, or if the information is received base an Adverse Action on an applicant’s or potential applicant for employment, or employee’s: (i) Arrest not leading to a Conviction, unless the Arrest is undergoing an active pending criminal investigation or trial that has not yet been resolved; (ii) participation in or completion of a diversion or a deferral of judgment program; (iii) a Conviction that has been judicially dismissed, expunged, voided, invalidated, or otherwise rendered inoperative; (iv) a Conviction or any other adjudication in the juvenile justice system; (v) a Conviction that is more than seven years old, from the date of sentencing; or (vi) information pertaining to an offense other than a felony or misdemeanor, such as an infraction. (d) Tenant and subtenants may not inquire about or require applicants, potential applicants for employment, or employees to disclose on any employment application the facts or details of any conviction history, unresolved arrest, or any matter identified in subsection (c) above. Tenant and subtenants may not require that disclosure or make any inquiry until either after the first live interview with the person, or after a conditional offer of employment. (e) Tenant and subtenants will state in all solicitations or advertisements for employees that are reasonably likely to reach persons who are reasonably likely to seek employment with Tenant or subtenant at the Premises, that the Tenant or subtenant will consider for employment qualified applicants with criminal histories in a manner consistent with the requirements of Article 142. (f) Tenant and subtenants will post the notice prepared by the Office of Labor Standards Enforcement (“OLSE”), available on OLSE’s website, in a conspicuous place at the Premises and at other workplaces within San Francisco where interviews for job opportunities at the Premises occur. The notice will be posted in English, Spanish, Chinese, and any language spoken by at least 5% of the employees at the Premises or other workplace at which it is posted. (g) Xxxxxx and subtenants understand and agree that on any failure to comply with the requirements of Article 142, City will have the right to pursue any rights or remedies available under Article 142 or this Lease, including a penalty of $50 for a second violation and (h) If Tenant has any questions about the applicability of Article 142, it may contact City’s Real Estate Division for additional information. City’s Real Estate Division may consult with the Director of City’s Office of Contract Administration who may also grant a waiver, as set forth in Article 142.

Criminal History in Hiring and Employment Decisions. (a) Unless exempt, and subject to the provisions of Section 26.23 above, Xxxxxx will agrees to comply with and be bound by all of the provisions of San Francisco Labor and Employment Administrative Code Article 142 Chapter 12T (Criminal History in Hiring and Employment Decisions), as may be amended from time to time (“Article 142Chapter 12T”), which are hereby incorporated into this Lease as if fully set forthby reference, with respect to applicants and employees of Tenant who would be or are performing work at the Premises. (b) Tenant will shall incorporate by reference the provisions of Article 142 Chapter 12T in all subleases of some or all of the Premises Premises, and shall require all subtenants to comply with those provisions.such (c) Tenant and subtenants may shall not inquire about, require disclosure of, or if the such information is received base an Adverse Action on an applicant’s or potential applicant for employment, or employee’s: : (i1) Arrest not leading to a Conviction, unless the Arrest is undergoing an active pending criminal investigation or trial that has not yet been resolved; (ii2) participation in or completion of a diversion or a deferral of judgment program; (iii3) a Conviction that has been judicially dismissed, expunged, voided, invalidated, or otherwise rendered inoperative; (iv4) a Conviction or any other adjudication in the juvenile justice system; (v5) a Conviction that is more than seven years old, from the date of sentencing; or (vi6) information pertaining to an offense other than a felony or misdemeanor, such as an infraction. (d) Tenant and subtenants may shall not inquire about or require applicants, potential applicants for employment, or employees to disclose on any employment application the facts or details of any conviction history, unresolved arrest, or any matter identified in subsection (c) above. Tenant and subtenants may not require that disclosure or make any inquiry until either after the first live interview with the person, or after a conditional offer of employment.subsection (e) Tenant and subtenants will shall state in all solicitations or advertisements for employees that are reasonably likely to reach persons who are reasonably likely to seek employment with Tenant or subtenant at the Premises, that the Tenant or subtenant will consider for employment qualified applicants with criminal histories in a manner consistent with the requirements of Article 142.Chapter 12T. (f) Tenant and subtenants will shall post the notice prepared by the Office of Labor Standards Enforcement (“OLSE”), available on OLSE’s website, in a conspicuous place at the Premises and at other workplaces within San Francisco where interviews for job opportunities at the Premises occur. The notice will shall be posted in English, Spanish, Chinese, and any language spoken by at least 5% of the employees at the Premises or other workplace at which it is posted. (g) Xxxxxx and subtenants understand and agree that on upon any failure to comply with the requirements of Article 142Chapter 12T, the City will shall have the right to pursue any rights or remedies available under Article 142 Chapter 12T or this Lease, including including, but not limited to, a penalty of $50 for a second violation andof (h) If Tenant has any questions about the applicability of Article 142Chapter 12T, it may contact City’s Real Estate Division the Department for additional information. City’s Real Estate Division The Department may consult with the Director of the City’s Office of Contract Administration who may also grant a waiver, as set forth in Article 142Section 12T.8.

Criminal History in Hiring and Employment Decisions. (a) Unless exempt, and subject to the provisions of Section 26.23 above, Xxxxxx will agrees to comply with and be bound by all of the provisions of San Francisco Labor and Employment Code Article 142 (Criminal History in Hiring and Employment Decisions), as may be amended from time to time (“Article 142”), which are hereby incorporated into this Lease as if fully set forthby reference, with respect to applicants and employees of Tenant who would be or are performing work at the Premises. (b) Tenant will shall incorporate by reference the provisions of Article 142 in all subleases of some or all of the Premises Premises, and shall require all subtenants to comply with those provisions.such (c) Tenant and subtenants may shall not inquire about, require disclosure of, or if the such information is received base an Adverse Action on an applicant’s or potential applicant for employment, or employee’s: : (i1) Arrest not leading to a Conviction, unless the Arrest is undergoing an active pending criminal investigation or trial that has not yet been resolved; (ii2) participation in or completion of a diversion or a deferral of judgment program; (iii3) a Conviction that has been judicially dismissed, expunged, voided, invalidated, or otherwise rendered inoperative; (iv4) a Conviction or any other adjudication in the juvenile justice system; (v5) a Conviction that is more than seven years old, from the date of sentencing; or (vi6) information pertaining to an offense other than a felony or misdemeanor, such as an infraction. (d) Tenant and subtenants may shall not inquire about or require applicants, potential applicants for employment, or employees to disclose on any employment application the facts or details of any conviction history, unresolved arrest, or any matter identified in subsection (c) above. Tenant and subtenants may not require that disclosure or make any inquiry until either after the first live interview with the person, or after a conditional offer of employment.subsection (e) Tenant and subtenants will shall state in all solicitations or advertisements for employees that are reasonably likely to reach persons who are reasonably likely to seek employment with Tenant or subtenant at the Premises, that the Tenant or subtenant will consider for employment qualified applicants with criminal histories in a manner consistent with the requirements of Article 142. (f) Tenant and subtenants will shall post the notice prepared by the Office of Labor Standards Enforcement (“OLSE”), available on OLSE’s website, in a conspicuous place at the Premises and at other workplaces within San Francisco where interviews for job opportunities at the Premises occur. The notice will shall be posted in English, Spanish, Chinese, and any language spoken by at least 5% of the employees at the Premises or other workplace at which it is posted. (g) Xxxxxx Tenant and subtenants understand and agree that on upon any failure to comply with the requirements of Article 142, the City will shall have the right to pursue any rights or remedies available under Article 142 or this Lease, including including, but not limited to, a penalty of $50 for a second violation andand $100 for a subsequent violation for each employee, applicant or other person as to whom a violation occurred or continued, termination or suspension in whole or in part of this Lease. (h) If Tenant has any questions about the applicability of Article 142, it may contact City’s Real Estate Division the Department for additional information. City’s Real Estate Division The Department may consult with the Director of the City’s Office of Contract Administration who may also grant a waiver, as set forth in Article 142Section 142.8.

Criminal History in Hiring and Employment Decisions. (a) Unless exempt, Xxxxxx will Tenant agrees to comply with and be bound by all of the provisions of San Francisco Labor and Employment Administrative Code Article 142 Chapter 12T (Criminal History in Hiring and Employment Decisions), as amended from time to time (; “Article 142Chapter 12 T”), which are hereby incorporated into this Lease as if fully set forthmay be amended from time to time, with respect to applicants and employees of Tenant who would be or are performing work at the Premises. (b) Tenant will shall incorporate by reference the provisions of Article 142 Chapter 12T in all subleases Leases of some or all of the Premises Premises, and shall require all subtenants to comply with those such provisions. Tenant’s failure to comply with the obligations in this subsection shall constitute a material breach of this Lease. (c) Tenant and subtenants may shall not inquire about, require disclosure of, or if the such information is received base an Adverse Action on an applicant’s or potential applicant for employment, or employee’s: : (i1) Arrest not leading to a Conviction, unless the Arrest is undergoing an active pending criminal investigation or trial that has not yet been resolved; (ii) participation in or completion of a diversion or a deferral of judgment program; (iii) a Conviction that has been judicially dismissed, expunged, voided, invalidated, or otherwise rendered inoperative; (iv) a Conviction or any other adjudication in the juvenile justice system; (v) a Conviction that is more than seven years old, from the date of sentencing; or (vi) information pertaining to an offense other than a felony or misdemeanor, such as an infraction.2) (d) Tenant and subtenants may shall not inquire about or require applicants, potential applicants for employment, or employees to disclose on any employment application the facts or details of any conviction history, unresolved arrest, or any matter identified in subsection (c) above. Tenant and subtenants may shall not require that such disclosure or make any such inquiry until either after the first live interview with the person, or after a conditional offer of employment. (e) Tenant and subtenants will shall state in all solicitations or advertisements for employees that are reasonably likely to reach persons who are reasonably likely to seek employment with Tenant or subtenant at the Premises, that the Tenant or subtenant will consider for employment qualified applicants with criminal histories in a manner consistent with the requirements of Article 142.Chapter 12T. (f) Tenant and subtenants will shall post the notice prepared by the Office of Labor Standards Enforcement (“OLSE”), available on OLSE’s website, in a conspicuous place at the Premises and at other workplaces within San Francisco where interviews for job opportunities at the Premises occur. The notice will be posted in English, Spanish, Chinese, and any language spoken by at least 5% of the employees at the Premises or other workplace at which it is posted.Labor (g) Xxxxxx Tenant and subtenants understand and agree that on upon any failure to comply with the requirements of Article 142Chapter 12T, the City will shall have the right to pursue any rights or remedies available under Article 142 Chapter 12T or this Lease, including but not limited to a penalty of $50 for a second violation andand $100 for a subsequent violation for each employee, applicant or other person as to whom a violation occurred or continued, termination or suspension in whole or in part of this Lease. (h) If Tenant has any questions about the applicability of Article 142Chapter 12T, it may contact the City’s Real Estate Division for additional information. City’s Real Estate Division may consult with the Director of the City’s Office of Contract Administration who may also grant a waiver, as set forth in Article 142Section 12T.8.