Portland is delaying action on a proposal to require that most employers wait until offering a prospective employee a job to ask about their criminal background.

Portland Mayor Charlie Hales is pushing the proposal, part of the nationwide "Ban the Box" movement to help remove barriers to employment for former felons. Getting and keeping a job is a key deterrent to recidivism.

The delay comes as the city lacked the backing of powerful interest groups such as the chamber of commerce, which alleged the ordinance as written would create a new protected class, eliminating employers' ability to chose their workers.

Hales said he would refine the policy idea before a City Council vote. During the next few weeks, Hales' staff will create a working group with City Hall insiders and business and labor leaders to iron out a plan.

"It would be a splendid misery if the Legislature got there first and fixed this for us," Hales said, citing a similar proposal moving forward in Salem.

Marion Haynes, vice president of government affairs for the Portland Business Alliance, told the council that Portland's proposal is "cumbersome" and "burdensome" compared to Seattle's and Philadelphia's plans. Haynes said the city was "dangerously close to creating a new protected class."

Hales said the city isn't going back to the drawing board, just refining the original proposal to find a middle ground.

On Wednesday, Hales presented his revised plan with a couple of changes -- the city would no longer grant aggrieved job-seekers the right to sue an employer for violating the ordinance.

The so-called private right of action was one of the more controversial aspects of the proposal -- with business leaders warning the city could open the door to countless lawsuits against businesses.

Another amendment allows applicants to voluntarily disclose their criminal background during an interview.

There are many unanswered questions, such as what city agency would be responsible for enforcing the ordinance or whether the city should handle enforcement at all.

Commissioner Nick Fish at a previous hearing asked whether the city would consider contracting enforcement to the State Bureau of Labor and Industries.

Commissioner Amanda Fritz brought that question back to the table Wednesday, saying the city already needs to beef up enforcement of existing civil rights policies such as its sick-leave ordinance.

Tracy Reeve, city attorney, agreed, saying her office is looking at how it can better enforce civil rights violations.

On Wednesday, city attorneys gave a more detailed breakdown of what constitutes a violation of the ordinance.

If an employer decides not to hire an individual after learning of the person's criminal history at the point of a conditional job offer (or by voluntary disclosure), then fails to give the job applicant an "individualized assessment" indicating why their prior offenses are germane to the person's "ability to perform the duties and responsibilities" of the job -- they could face a complaint.

City officials would receive complaints from individuals who allege a business violated the ordinance. The city would conduct an investigation and try to mediate the issue with the business. If that failed, the city would bring the case before a hearings officer to determine whether the business acted appropriately.

The crux of the issue: determining whether a business made a good-faith effort to give the job-seeker a shot despite a criminal background.

-- Andrew Theen

atheen@oregonian.com

503-294-4026

@cityhallwatch