Philadelphia expands their 'ban the box' program

March 9, 2016

  • How many employees qualify a company as a private employer
  • Deferring any criminal inquiries until after a conditional offer has been extended
  • Requiring that no employer has a policy of automatically excluding any applicant with a criminal conviction from a job
  • Requiring that a city agency or private employer considers, for employment purposes, a prospective employee’s conviction record only to the extent that the conviction occurred fewer than seven (7) years from the date of the inquiry
  • Establishing individualized assessment criteria and processes
  • Implementing adverse action procedures
  • Posting requirements for an employer’ website and premises
    • There are exceptions, however. These new prohibitions do not apply if the inquiries or adverse actions are specifically authorized or mandated by any other applicable law or regulation, including law enforcement agencies. Additionally, if an applicant voluntarily discloses information regarding their criminal convictions during the application process, the employer may discuss the criminal conviction disclosed by the applicant at that time. Employers can still take adverse action. However, they cannot automatically exclude any applicant with a criminal conviction, unless the employer can conclude that the applicant would risk the future and safety of the organization. To determine this, employers will need to conduct an individualized assessment, including:
    • The nature of the offense
    • The time that has passed since the offense
    • The applicant’s employment history before and after the offense and any period of incarceration
    • The particular duties of the job being sought
    • Any character or employment references provided by the applicant
    • Any evidence of the applicant’s rehabilitation since the conviction
    If  an employer decides to reject an applicant based in whole or in part on criminal record information, the employer must notify the applicant in writing of such decision and its basis, and provide the applicant with a copy of the criminal history report. For additional questions relating to this legislation, our team is happy to help.]]>

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