Key Takeaways
- Philadelphia has once again expanded the city’s “ban the box” ordinance to further restrict the use of criminal records when making employment decisions.
- Before taking any adverse action based on a criminal history, employers must provide applicants and employees with a detailed notice that includes, among other things, a statement that the employer will consider evidence of any error, rehabilitation or mitigation.
- Changes to the ordinance go into effect Jan. 6, 2026.
On Sept. 25, 2025, the Philadelphia City Council unanimously passed sweeping amendments to the city’s Fair Criminal Record Screening Standards Law (Fair Chance Law), which regulates when and how employers may use applicants’ and employees’ criminal histories when making employment decisions. These changes, effective Jan. 6, 2026, significantly expand protections for job applicants and employees with criminal records and impose new compliance obligations on employers operating in Philadelphia.
Key Amendments
- Shortened Lookback Period for Misdemeanors. Employers now may only consider misdemeanor convictions if the arrest or release from incarceration occurred within the past four years – down from the previous seven-year standard. Notably, the seven-year lookback remains in place for felony convictions.
- Summary Offenses Cannot Be Considered. Employers are prohibited from considering summary offenses – minor infractions that do not rise to the level of a misdemeanor or felony – when making employment decisions. This change aligns the Fair Chance Law with the state’s Criminal History Record Information Act.
- Treatment of Expunged or Sealed Records. Employers cannot consider records that have been expunged or sealed. If such records appear in a background check (e.g., via a driving record), the employer must give the applicant an opportunity to provide proof of expungement or sealing before taking any adverse action.
- Background Check Notice. Although not required, if an employer chooses during the hiring process to give notice that it intends to conduct a background check, such as in a job advertisement or a job offer, the employer must also state that any consideration of the background check will be “an individualized assessment based on the [a]pplicant’s or [e]mployee’s specific record and the duties and requirements of the specific job.”
- Enhanced Notice and Rebuttal Rights. Before taking any adverse action based on the results of a background check, employers must now:
- Provide the applicant or employee with a summary of their rights under the Fair Chance Law
- Advise that they will consider evidence submitted by the applicant or employee of rehabilitation, mitigation or any error in the criminal history records
- Include a list of acceptable mitigating evidence, such as the completion of treatment or education programs, community service or relevant work history, and instructions on how the applicant or employee can provide the evidence
- Antiretaliation Protections. The amendments to the Fair Chance Law impose a rebuttable presumption of retaliation if an employer takes any adverse action within 90 days of an applicant or employee exercising rights under the ordinance. Employers must show by a preponderance of the evidence that the action was taken for legitimate, unrelated reasons to rebut this presumption. This provision complements the Philadelphia City Council’s recent focus on codifying strong antiretaliation provisions across all Philadelphia worker protection ordinances, as discussed in our prior alert.
Next Steps for Employers
Employers with operations in Philadelphia should take immediate steps to ensure compliance before the Jan. 6, 2026, effective date:
- Audit and update hiring policies and background check procedures.
- Revise pre-adverse action notices to reflect the new requirements.
- Train human resources personnel and hiring managers on the requirements of the individualized assessment and best practices for the documentation of this assessment.
- Implement safeguards to avoid retaliation claims, including thorough recordkeeping regarding employment decisions.
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