"Employer." The Commonwealth or any of its political
subdivisions or boards, departments, commissions or school
districts and a person employing four or more persons within the
Commonwealth. The term does not include religious, fraternal,
charitable or sectarian corporations or associations, except
corporations or associations supported, in whole or in part, by
governmental appropriations.
"Employment agency." A person regularly undertaking, with or
without compensation, to procure opportunities to work or to
procure, recruit, refer or place an employee.
"Independent contractor." A person who is subject to the
provisions governing any of the professions and occupations
regulated by State licensing laws enforced by the Bureau of
Professional and Occupational Affairs in the Department of
State, or is included in the Fair Housing Act (Public Law 90-
284, 42 U.S.C. ยง 3601 et seq.).
"Labor organization." An organization that exists for the
purpose, in whole or in part, of collective bargaining or of
dealing with employers concerning grievances, terms or
conditions of employment or of other mutual aid or protection in
relation to employment.
Section 3. Prohibition.
An employer, employment agency or labor organization may not,
prior to a prospective employee's employment, contracting with
an independent contractor or admission to membership, elicit
information, make or keep a record of or use a form of
application or application blank containing a question or entry
concerning the arrest record of a prospective employee for:
(1) a matter that resulted in the prospective employee's
being found not guilty; or
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