August 6, 2024
The Board of Commissioners of Lehigh County, Pennsylvania, recently passed the Lehigh County Human Relations Ordinance. The new ordinance would ensure that everyone receives equal opportunities in several ways.
It would affect all employers with employees within Lehigh County deciding whether to hire applicants with a criminal history. As such, private and public companies with at least one employee in Lehigh County must comply with the ordinance. These include public accommodations, education, housing, healthcare, and employment.
These opportunities would disregard a person’s actual or perceived protected characteristics. A vital feature of the Lehigh County Human Relations Ordinance is its restriction on the hiring process. This restriction outlines how employers may use an applicant’s criminal records during hiring.
Lehigh County’s Board of Commissioners followed the example set by other legislators, including local, state, and federal. This example is the ban-the-box legislation that has seen increasing support nationwide. Ban-the-box helps ensure everyone has equal jobs, healthcare, housing, and education opportunities.
The Lehigh County Human Relations Ordinance follows this example by restricting the hiring process. For instance, it details how to use an applicant’s background information to evaluate their qualifications for a position. Pennsylvania law prohibits discrimination based on protected characteristics. As such, it only allows employers to consider felonies or misdemeanors if they prove relevant to the job.
Now, employers in Lehigh County cannot include questions on an application that:
- Inquires about an applicant’s conviction history,
- Requires the job applicant to inform the employer of a past criminal history before the first interview, and
- Considers any records not directly related to an applicant’s suitability for the position to which they have applied.
The Lehigh County Human Relations Ordinance still allows employers to require applicants to disclose prior criminal convictions after an initial interview. As such, employers may maintain mandatory criminal background checks as a condition of employment. However, the ordinance includes an additional requirement if a criminal conviction would impact the decision to hire.
This clause is similar to the Fair Credit Reporting Act (FCRA). Like the FCRA, employers must notify applicants whether their criminal history influenced a denied application. Employers must provide this notice in writing, as enforced by the ordinance.
The new ordinance will enforce these requirements through a newly established Human Relations Commission. This Commission will receive and investigate any complaints filed under the ordinance. However, parties must file complaints within 180 days following the most recent violation. They can file a complaint in person with the Lehigh County Office of Human Resources or on the Commission’s website.