In July 2011, Philadelphia was one of the first cities to enact a ban-the-box ordinance. The ordinance, cited as the Fair Criminal Screening Standards Ordinance, was simple. It applied to employers with at least 10 employees in Philadelphia, and prohibited employers from making inquiries about, or from requiring disclosure of criminal convictions, before and during the first interview. However, with the passage of Bill #150815, Philadelphia’s Code Chapter 9-3500 is amended and

Key provisions of the amended code are:

1. :

• The ordinance is applicable to all employers, public and private, with one or more employees.

• “Employment” is defined as any occupation, vocation, job, work for pay or employment, including temporary or seasonal work, contracted work, contingent work, and work through the services of a temporary or other employment agency; or any form of vocational or education training with or without pay. It does not include membership in any law enforcement agency, or domestic services in or about the private home in which the employer resides.

2. :

• Employers are prohibited from making any inquiry about or require any individual to disclose or reveal any criminal convictions during the application process. The application process begins when an applicant inquires about employment, and ends when the employer has made a conditional offer of employment to the applicant.

• An inquiry about criminal convictions on the employment application is also prohibited, whether or not certain applicants are told they do not need to answer the question.

• Employers are prohibited from inquiring about whether an applicant is willing to submit to a background check.

• Employers may give notice to an applicant or during the application process of its intent to conduct a criminal background check after a conditional offer of employment is made. The notice must be concise, accurate, made in good faith, and state that any consideration of the background check will be tailored to the requirements of the job.

3. :

• Employers may conduct a criminal background check only after a conditional offer of employment has been made.

• “Conditional offer of employment” is defined to mean an offer by an employer to hire an applicant, which may be withdrawn only if the employer subsequently determines that the applicant (i) has a conviction record which, based on an individualized assessment as required by § 9-3504(2), would reasonably lead an employer to conclude that the applicant would pose an unacceptable risk in the position applied for; or (ii) does not meet other legal or physical requirements of the job.

4. :

• Employers are prohibited from rejecting an applicant based on a criminal record unless the record includes a conviction for an offense that bears a relationship to the employment so that the employer may reasonably conclude that the applicant would present an unacceptable risk to the operation of the business or to co-workers, or customers, and the exclusion of the applicant is compelled by business necessity.

• Employers must consider the following factors when conducting an individualized assessment:

1.    The nature of the offense;

2.    The time that has passed since the offense;

3.    The applicant’s employment history before and after the offense and any period of incarceration;

4.    The particular duties of the job being sought;

5.    Any character or employment references provided by the applicant; and

6.    Any evidence of the applicant’s rehabilitation since the conviction.

5. :

• Employers can only examine a criminal record going back seven years, excluding periods of incarceration.

6. :

• Employers must notify the applicant in writing if it rescinds the conditional offer of employment.

• Employers must provide the applicant with a copy of the criminal history report.

• Employers must allow applicants 10 business days following the rejection to provide evidence of an inaccuracy on the report or to provide an explanation.

7. :

• Applicants have 300 calendar days to file a complaint with the Philadelphia Commission on Human Rights.

• The Commission may order remedies as follows:

1.    An order requiring the respondent to cease and desist unlawful practices;

2.    Any injunctive or other equitable relief;

3.    Payment of compensatory damages;

4.    Payment of punitive damages, not to exceed $2,000 per violation; and

5.    Payment of reasonable attorney’s fees.

• A private right of action is also granted for alleged violations under the ordinance.

8. :

• Employers must post a summary of the Chapter (§ 9-3500) requirements in a form to be supplied by the Commission, in a conspicuous place on the employer’s website and premises where applicants and employees will most likely see the notice and read it.

Go here to view Philadelphia Bill #150815: https://phila.legistar.com/LegislationDetail.aspx?ID=2506577&GUID=DA9B300A-625B-4B6C-B5B8-6CFD0A321FBF&Options=ID|Text|&Search=150815