Pennsylvania FCRA adverse action — Ask HR AI

What changes in Pennsylvania

Ban-the-box overlay: Public sector + Philadelphia (amended eff. Jan 6, 2026), Pittsburgh. Governor's directive covers state agencies; Philadelphia and Pittsburgh apply private-employer rules. Philadelphia's FCRSS amendments (Bill 250373-A, signed October 8, 2025, effective January 6, 2026) extend coverage to independent contractors, rideshare drivers, and other gig workers; require any pre-check notice to state that consideration will be an individualized assessment; shorten the misdemeanor lookback to four years; and require a written pre-adverse notice with a ten-day candidate response window before any adverse decision.
Report lookback: 7 years (FCRA default). Pennsylvania follows FCRA. Clean Slate sealing (2018, expanded by Act 36 of 2023) must be suppressed. In Philadelphia, the amended Fair Criminal Record Screening Standards Ordinance cuts the misdemeanor lookback from seven years to four (excluding periods of incarceration), keeps felonies at seven, and excludes summary offenses entirely.

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"Walk me through the FCRA adverse action process step by step, including California and NYC differences. Focus on Pennsylvania."

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Practitioner steps for Pennsylvania

Step 1. Send the pre-adverse notice with a full copy of the report and the CFPB Summary of Consumer Rights before any Pennsylvania hiring decision that relies on the report.
Step 2. Extend the waiting period beyond 5 business days where PA or a local ordinance requires it — always document the timestamp of each notice.
Step 3. Complete a written individualized assessment when Pennsylvania Fair Chance rules or an EEOC-referenced local ordinance apply.
Step 4. Issue the final adverse action notice with the CRA name, address, toll-free number, and the applicant's reinvestigation rights.

Applicable Pennsylvania statutes and references

35 P.S. §10231.2103
23 Pa.C.S. §6344 (K-12)
Exec. Order 2018-18-03
Phila. Code ch. 9-3500 (amended eff. 1/6/2026)
15 U.S.C. §1681 et seq. (federal FCRA)

Frequently asked (federal + Pennsylvania overlay)

What is the FCRA adverse action process?

Under 15 U.S.C. §1681b(b)(3), before taking adverse employment action based on a consumer report an employer must send a pre-adverse action notice with a copy of the report and the CFPB Summary of Consumer Rights, wait a reasonable period so the applicant can dispute, then send a final adverse action notice identifying the CRA and the applicant's reinvestigation rights.

How long is the waiting period between pre-adverse and final adverse action?

The FCRA does not define a specific number of days, but a five business day floor is the common industry standard. California, New York City, and Los Angeles County require longer or additional steps — for example, California's Fair Chance Act requires two separate 5-business-day notice windows and a documented individualized assessment.

Do we have to send the pre-adverse notice if we are only considering not hiring?

Yes. The FCRA is triggered when a consumer report is used in whole or in part to make an adverse employment decision, including deciding not to hire. If the report played any role, the two-step notice sequence applies.

What has to be included in the final adverse action notice?

The name, address, and toll-free phone number of the CRA; a statement that the CRA did not make the decision and cannot explain it; notice of the right to a free additional copy of the report within 60 days; and notice of the right to dispute the accuracy or completeness of the report.

Same topic in another state

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Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.

FCRA adverse action in Pennsylvania.