The Fair Criminal Record Screening Standards Act (Bill 110111-A) was recently signed into law by Philadelphia Mayor Michael Nutter. The Act prohibits Philadelphia employers from including criminal record questions on employment applications and from making personnel decisions based on records of an arrest that did not result in a conviction.
The new ordinance does not flatly prohibit the use of criminal record history information, but rather postpones the time frame during which such inquiries are appropriate. Employers may continue background screenings that includes a criminal record history component or inquire about an applicant's criminal record history, provided that the screening or inquiry takes place after the initial "interview" (as broadly defined) and does not include information on past arrests or criminal accusations that did not lead to conviction.
The ordinance will become effective 90 days from the date of passage, and applies to employers with 10 or more Philadelphia employees.
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