Short answer
Can employers in Philadelphia ask about criminal history before a job offer?
Fair Criminal Records Screening Standards Act (Ch. 9-3500) (effective July 17, 2011 (substantially amended 2016 and 2021)) applies to: Any employer with one or more employees in Philadelphia. Conviction-history inquiries prohibited until after a conditional offer. Pending charges, arrests that did not lead to conviction, and convictions older than 7 years may not be considered.
Covered employers
Any employer with one or more employees in Philadelphia.
Timing of inquiry
Conviction-history inquiries prohibited until after a conditional offer. Pending charges, arrests that did not lead to conviction, and convictions older than 7 years may not be considered.
Individualized assessment
Six statutory factors must be weighed in writing, with particular focus on the relationship between the offense and the specific job duties.
Adverse-action workflow
Written notice of rescission with a copy of the report and the reasoning; candidate has 10 business days to respond with evidence of rehabilitation or inaccuracy.
Notice & posting
Job postings may not include blanket exclusions; required workplace posting of the City's Fair Chance notice.
Enforcement & penalties
Philadelphia Commission on Human Relations. Civil penalties up to $2,000 per violation plus compensatory and punitive damages in private actions.
Citations
- Phila. Code §9-3501 et seq.