Employers in the City of Philadelphia, PA should review their hiring practices. Late last year, the mayor of Philadelphia signed into a law a bill amending the Fair Criminal Screening Standards Ordinance.
The original law, which has been in effect since 2012, made it illegal for employers with 10 or more employees in the City of Philadelphia to ask about or require an applicant to disclose any criminal convictions while applying for a job or during the first interview and inquire about or require a person to disclose or take any action against a person on the basis of an arrest or criminal accusation about a person that did not result in a conviction.
The new, which is already in effect, adds the following requirements:
- The law now applies to employers with one or more employees in the city.
- Employers may conduct criminal background checks only after a conditional offer of employment.
- Employers must assess the nature of the offense, the time that has passed since the offense, the person’s employment history, the duties of the job and character or employment references when deciding if an applicant should be disqualified based on criminal record.
- Employers can look back for only 7 years (excluding incarceration).
- Employers must notify an applicant in writing and provide a copy of the criminal history report if the applicant if he or she is rejected for a job based on criminal record. An applicant has 10 days to present evidence to explain or negate the item on the background report.
Employers with employees in the City of Philadelphia should review the new requirements and assess existing criminal background check processes.
