Philadelphia’s Fair Criminal Record Screening Standards ordinance (also known as the “fair chance” or “Ban the Box” ordinance), which applies to most private employers and agencies in the City of Philadelphia, was recently amended to make it more difficult for employers to consider criminal history in employment decisions. The amendments to the ordinance will take effect on January 6, 2026. A summary of the key changes to the ordinance is provided below.
Shortened lookback period for misdemeanor convictions
While employers can still consider felony convictions that occurred within the last seven years, only misdemeanor convictions that occurred in the last four years can be considered. Employers are prohibited from considering summary offenses.
No consideration of expunged or sealed records
Employers cannot consider conviction records that have been expunged or sealed. If such a record appears in a criminal background or driver record check, employers must provide the applicant or employee with the opportunity to present evidence of expungement or sealing.
Expanded notice for background checks
If an employer provides notice of the intention to conduct a background check, including in a job advertisement, the notice must state that any evaluation of a criminal record will be subject to an individualized assessment that considers multiple factors, including the specific record and the duties and requirements of the particular role.
Notification of adverse employment action
An employer who intends to reject an applicant or employee, based in whole or in part on a criminal record, must provide written notice of its decision, identify the specific convictions considered, and provide the applicant or employee with a copy of the specific criminal record. An employer must also provide:
- A summary of the applicant’s or employee’s rights under the ordinance
- A statement that the employer will consider evidence of any error in the criminal history records and evidence of rehabilitation and mitigation
- Instructions on how the applicant or employee can exercise their right to provide evidence directly to the employer
- At least 10 business days for the applicant or employee to provide evidence of any inaccuracies or explanation of any record before making a final adverse employment decision
Anti-retaliation
The amendments include an anti-retaliation provision that creates a rebuttable presumption of retaliation when an employer takes an adverse employment action within 90 days of any protected activity. To overcome the presumption, employers must show that they acted in good faith and took the adverse action for legitimate reasons.
Employers should review their existing hiring processes and procedures and make any necessary policy changes to ensure compliance with these amendments. If you have any questions on the recent amendments to the ordinance or need assistance in reviewing or updating your existing policies, please contact an attorney in our Labor & Employment Group.