The Mayor of Philadelphia, Michael Nutter, signed an ordinance that soon will prohibit employers from requiring job applicants to disclose their criminal backgrounds until after the first employment interview. Under the new chapter entitled “Fair Criminal Record Screening Standards”, employers are able to perform a background check or request the disclosure of an applicant’s criminal history after the first interview. If there is no interview conducted no inquiry can be made into the applicant’s criminal history. The passage of this historic legislation, not unlike other “Ban the Box” campaigns aims to prevent discrimination against job applicants with criminal backgrounds. The law applies to both public and private employers with 10 or more persons within the City of Philadelphia.
According to Mayor Nutter, “Making available viable public and private sector employment options for ex-offenders contributes to the overall safety and quality of life in Philadelphia.” In the “City of Brotherly Love”, ex-offenders will have the chance to work and provide for their families. Deputy Mayor Gillison said, “Everyone deserves the opportunity to hold and maintain a steady job, especially those who have already paid their debts to society.” According to the bill text, it is estimated that approximately one-fifth of Philadelphia’s population has some type of criminal record. It is estimated that formerly-incarcerated people in particular represent a group of job-seekers ready to contribute and add to the workforce; this is why supporters of the bill have pushed for its passage.
This bill allows employers to maintain their ability to choose the most qualified and appropriate applicant for the employment at hand, as well as, provide an individual with a criminal record the opportunity to be judged on his/her own merit during the submission of the application and at least until the completion of one interview.
The law, which is effective July 13, 2011, requires Philadelphia employers to make their employment applications, as well as pre-employment procedures consistent with the law. Even though the law does not affect labor law posters, Pennsylvania employers must display specific mandatory-to-post labor law notices which can be found at www.complianceposter.com.