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Philadelphia Expands “Ban the Box” Criminal Record Hiring Law

Philadelphia's Liberty Bell

The Philadelphia City Council on September 25, 2025 unanimously passed a bill amending and expanding the existing Philadelphia Fair Criminal Record Screening Standards Law (the Fair Chance Law). This legislation, which takes effect on January 6, 2026, introduces several changes aimed at enhancing protections for job applicants and employees with criminal records.

Some of the more significant changes:

 

 

 

 

 

The amendments’ anti-retaliation clause further clarifies that it is not retaliation if an employer has acted in good faith to comply with the law and either (1) after receiving and considering additional information provided by the applicant or employee, the employer elects to move forward with the rejection of a job application; (2) terminates or otherwise takes adverse action against multiple employees or applicants based on legitimate business concerns that are not related to such person’s criminal record or conduct; or (3) takes an adverse employment action based on a pending criminal charge where the offense bears a relationship to the employee’s duties and the employer. Notably, however, basing a no-hire decision on a pending criminal case could create risk for employers under the Pennsylvania Criminal History Record Information Act (CHRIA).

KEY TAKEAWAYS

Employers who hire in Philadelphia should review their hiring and background check procedures to ensure those procedures comply with the Fair Chance Law’s amended requirements, which take effect January 6, 2026. For example, employers should promptly update their pre-adverse action notices to align with the updated requirements, and, given the addition of the robust antiretaliation clause, employers should take extra care to document all employment decisions thoroughly to ensure that they are based on objective criteria that are unrelated to the applicant’s or employee’s exercise of their rights under the Fair Chance Law.

Read more via Lexology and Litter

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