Philadelphia Criminal Background Checks – Fair Chance Hiring Law Poster

On March 14, 2016, Philadelphia's so-called "ban the box" law, the Philadelphia Fair Criminal Records Screening Ordinance, became effective.1 With it came the release of a mandatory new poster restating the major elements of what is now called "Philadelphia's Fair Chance Hiring Law." The Ordinance requires that employers display the new poster "in a conspicuous place on the employer's website and premises, where applicants and employees will be most likely to notice and read it."

Poster Re-Statements and Clarifications

The poster reiterates that it is illegal for employers in Philadelphia to ask about an applicant's criminal background anytime during the application process. Thus, employers must not have any question about criminal convictions on the application (not even with a disclaimer) and may not ask any questions during interviews.

As the poster notes, an employer may conduct a criminal background check only after making a conditional offer of employment. The poster notes, in accordance with existing Pennsylvania law, that arrests that do not lead to a conviction cannot be considered, and only convictions occurring in the last seven years may be considered. The poster expressly confirms that the seven-year period does not include time of incarceration - thus a conviction 13 years ago, with a 7-year prison term, may be considered.2

Individual Assessment of Background Results

The poster restates in different terms the obligation established in the Ordinance to consider a number of factors for each employee whose background check reveals a conviction:

(a) The nature of the offense;

(b) The time that has passed since the offense;

(c) The applicant's employment history before and after the offense and any period of incarceration;

(d) The particular duties of the job being sought;

(e) Any character or employment references provided by the applicant; and

(f) Any evidence of the applicant's rehabilitation since the conviction.

The poster then goes on to state:

Employers can reject you based on your criminal record ONLY if you pose an unacceptable risk to the business or to other people.

This is a somewhat deceptive restatement of the Ordinance provision, which provides:

A prospective employer shall not reject an applicant based on his or her criminal record, unless such record includes conviction for an offense that bears such relationship to the employment sought that the employer may reasonably conclude that the applicant would present an...