As Accurate Background previously reported, Philadelphia's Ban the Box legislation Bill No. 150815 goes into effect Monday, March 14, 2016. This law amends Chapter 9-3500 of the Philadelphia Code (“Fair Criminal Records Screening Standards”) to include more comprehensive requirements.
Under this law, employers must:
- Not consider an applicant’s criminal history before a conditional offer of employment has been made
- Perform an individualized assessment of the applicant’s criminal history
- Restrict consideration of criminal conviction to 7 years from date of inquiry
- Implement an adverse action process beyond FCRA requirements
- Post a summary of requirements from Philadelphia’s Commission on Human Relations where required
In addition, in the event the employer rejects an applicant for a job based in whole or in part on criminal record information, the employer shall allow the applicant ten (10) business days to provide evidence of the inaccuracy of the information or to provide an explanation. Please consult with your legal counsel to review the best process for your organization on how to comply with this expanded ordinance.
Impacted employers should consider reviewing their hiring process to ensure compliance with the new law. You can read more about this, and other laws, by visiting Accurate Background’s Legislative Updates.