#1: No, Simon is a dishonest creep because the case file evidence reveals the substantial difference between his private actions and his public statements. Please address this issue, if you choose to discuss the "character" issue I mention.
#2: No, this wouldn't introduce a new cause of action, as most "employers" already ask you on standard employment forms your arrest history.
Only hypocritical screw-ups like Bill Simon get burnt, by writing sub-standard contracts then handing over millions before awaiting the results of background checks (while decrying that same practice in their "how to" business books).