01/07/2026
Changes in Philadelphia
Philadelphia has amended its Fair Criminal Record Screening Standards Ordinance, commonly known as the Ban-the-Box law. These updates significantly expand who is covered, clarify how criminal history may be considered, and strengthen notice and enforcement requirements. The changes go into effect January 6, 2026, and employers with operations in Philadelphia should review hiring and screening practices to ensure compliance.
Key Changes to Be Aware Of
Expanded Coverage: The law now applies broadly to employees, independent contractors, temporary workers, gig workers, and rideshare drivers.
Post-Offer Rule: Criminal history inquiries may be made only after a conditional offer of employment, promotion, or rehire.
Time-Based Limits:
Felonies may be considered if they occurred within the past 7 years
Misdemeanors may be considered if within the past 4 years
Summary offenses may not be considered
No Sealed or Expunged Records: If records appear in a background report, applicants must be provided the opportunity to show proof of sealing or expungement.
Individualized Assessment Required: Employment decisions cannot be based on blanket exclusions. Employers must evaluate factors such as the offense, job duties, rehabilitation, and work history.
Stronger Retaliation Protections: Adverse actions taken within 90 days of a protected activity may be presumed retaliatory.
Enhanced Enforcement & Penalties: The Philadelphia Commission on Human Relations (PCHR) will h
