The Philadelphia Fair Criminal Record Screening Standards Ordinance prohibits a City agency or private employer from making any inquiry about criminal convictions during the employment application process. An employer cannot reject a prospective employee based on his or her criminal record, unless the record includes conviction for an offense that bears an unacceptable risk to the business or to other people. An employer must make a determination regarding such risk by considering:
- 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
Posting Requirements
Every employer subject to the Fair Criminal Record Screening Standards Ordinance must display the Fair Chance Hiring Law poster in a conspicuous place on the employer’s website and premises. (Philadelphia Code § 9-3509)
