We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
Guidance
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.
STATE LAWS — PUBLIC SECTOR
Who must follow: This ban-the-box law applies only to public sector employers for the State of Pennsylvania that are hiring for non-civil service positions falling under the governor’s jurisdiction.
Timing of inquiry: Public sector employers for the state of Pennsylvania may not inquire into criminal history on the job application.
Adverse action implications:
Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.
Consideration of records. Employers should only consider pending cases and felony and misdemeanor convictions. Non-convictions should not be used in the hiring decision, nor should Summary Offenses.
Who must follow: This law applies to all employers in Pennsylvania, both public and private.
Adverse action implications:
Individualized assessment. All employers in Pennsylvania must assess whether convictions relate to the applicant’s suitability for employment in the position for which the applicant has applied.
Consideration of records. Employers should only consider pending cases and felony and misdemeanor convictions. Non-convictions should not be used in the hiring decision, nor should summary offenses.
Who must follow: This ban-the-box law applies only to public sector employers for the city of Allentown, PA.
Timing of inquiry: Public sector employers for the city of Allentown, PA, may only inquire into criminal history after a conditional offer of employment.
Adverse action implications:
Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action, in compliance with Pennsylvania state law.
Who must follow: This ban-the-box law applies only to public sector employers for the city of Bethlehem, PA.
Timing of inquiry: Public sector employers for the city of Bethlehem may only inquire into criminal history once an applicant is found qualified and deemed a finalist.
Adverse action implications:
Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.
Who must follow: This ban-the-box law applies to all public and private sector employers who employ at least one person in Philadelphia, PA. The law applies to screening practices for current and prospective employees as well as independent contractors, transportation network company drivers, rideshare drivers, and other gig economy workers.
Timing of inquiry: Employers in the city of Philadelphia may only inquire into criminal history after a conditional offer of employment.
Consideration of records: The City of Philadelphia prohibits employers from considering criminal convictions that occurred more than 7 years from the date of the inquiry. Employers may add to the 7-year period any time of actual incarceration served because of the offense.
Adverse action implications:
Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.
Pre-adverse action. The pre-adverse action process must provide an explanation as to why disqualification is being considered and must highlight all convictions supporting potential adverse action.
Waiting period. You must wait 10 business days between sending a pre-adverse action notice and sending a final adverse action notice.
Final adverse action. Your final adverse action process must inform the candidate of what specifically in the report lead to final adverse action.
Additional disclosure for public-sector city employers: If an applicant for city employment has a conviction within the past 7 years, employers must provide the following notice to the candidate: “If you can show that you were not incarcerated for this conviction at any point in the seven years prior to date of report, the city will not consider the conviction in reviewing your application for employment. You are invited to meet with the HR manager to discuss your record and submit information rebutting the criminal record within 10 business days of this notice.”
Credit History Restriction: Employers may not inquire into credit history when making an employment decision, unless the position falls under an exception listed under Philadelphia’s Fair Practices Ordinance (Phil. Code Chapter 9-1100 et seq).
If an exception applies and an employer wishes to take adverse action on the basis of an employee or applicant’s credit history, employers must:
Identify the particular information upon which the decision was based and
Give the employee or applicant an opportunity to explain the circumstances surrounding the information before taking adverse action.
Marijuana Testing Restriction: Employers may not test prospective employees for marijuana, unless the position falls under an exception listed in the law.
Who must follow: This ban-the-box law applies only to city contractors and public sector employers for the city of Pittsburgh, PA.
Timing of inquiry: Public sector employers and city contractors may only inquire into criminal history after a conditional offer of employment.
Adverse action implications:
Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action, in compliance with Pennsylvania state law.
Who must follow: This ban-the-box law applies only to public sector employers for the city of Reading, PA.
Timing of inquiry: Public sector employers for the city of Reading may only inquire into criminal history after a conditional offer of employment.
Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action, in compliance with Pennsylvania state law.
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