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January 19, 2024
Effective January 19, 2024, the City of Philadelphia amended its Fair Criminal Record Screening Standards (a.k.a. Ban-the-Box) Ordinance.
In general, the Ordinance prohibits (1) inquiries on employment applications regarding arrests and convictions; and (2) inquiries and personnel decisions based on records of an arrest that did not result in a conviction. The Ordinance is intended to (a) increase the hiring of qualified ex-offenders by reducing discrimination; and (b) reduce recidivism through the employment of qualified ex-offenders.
The recent amendment makes it an unlawful discriminatory practice for an employer to reject an applicant or employee based on a conviction that resulted in exoneration. The amendment defines “exoneration” as the “reversal or vacation of a conviction by pardon, acquittal, dismissal or other post-conviction re-examination of the case by a court or other authorized government official.”
Employers should review the amended Ordinance and update their applications and other background check practices accordingly. We can help.
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
