The updated law contains stronger provisions, newer protections, and enhanced penalties.

PHILADELPHIA – Today Mayor Jim Kenney and the Philadelphia Commission on Human Relations (PCHR) announce that the amended Fair Criminal Record Screening Standards Act, also referred to as the “Ban the Box” law, takes full effect in Philadelphia.  The Fair Criminal Record Screening Standards Act, found in Chapter 9-3500 of the Philadelphia Code, makes it illegal for most employers doing business in the City of Philadelphia to ask about criminal records during the job application process.

“Individuals who have served their time and paid their debt for their past crimes deserve a chance at redemption and success,” says Mayor Jim Kenney.  “As a former member of City Council, I fully supported this legislation and its expansion, and I remain steadfast in my work as Mayor to broaden opportunities for persons with criminal records.”

Amendments to the law were introduced in 2015 by Councilman Jones, Jr., chair of the Committee on Public Safety, to strengthen the provisions of the law, include new protections and guidelines, and enhance relief and penalties for non-compliance.  The amendments were adopted and signed into law in December 2015.  PCHR is the agency that enforces the Ban the Box law.

“It has been proven time and time again that if returning citizens have steady employment they are less likely to commit crimes again,” said Councilman Curtis Jones, Jr., 4^th District. “I’m encouraged to know that the stronger Ban the Box legislation will make it easier for returning citizens to find employment and break the cycle of recidivism.”

The original law applied to employers with 10 or more employees, removed the ‘box’ on job applications asking about criminal record and only allowed employers to ask about criminal records following the first interview.  Further, the law prohibited employers from inquiring about arrests or criminal accusations that did not lead to conviction. Employers violating the law were fined up to $2,000.

“The economic success of our city is inextricably linked to the ability of people with criminal records to obtain and maintain employment,” said Rue Landau, Executive Director, PCHR.   “The amended law will remove barriers to employment and provide true assistance to those individuals reintegrating into their communities and back into the City of Brotherly love, and will also will provide greater clarity and guidance to employers.”

The updated law expands the original law to make sure conviction information is used fairly by making these major changes:

• Applying the law to employers with 1 or more employees (with some exceptions)
• Requiring employers to post the ‘ban the box’ information in plain sight
• Preventing employers from asking about criminal convictions until after making a conditional offer of employment
• Limiting the time period that employers can consider criminal convictions to 7 years prior to the application date (time spent incarcerated would not apply)
• Allowing the rejection of an applicant based on a criminal record only if the employer can reasonably conclude that the person would be an unacceptable risk to business operations, coworkers, or customers and that disqualification of the applicant is necessary for successful operation of the business (or simpler language, “would be an unacceptable risk to the business or other people”)
• Requiring that applicants be screened individually by considering:
  • The type of offense and how much time has passed since it occurred
  • The applicant’s job history
  • Duties of the job being sought
  • Character or employment references
  • Evidence of rehabilitation
• Requiring that employers notify the applicant in writing about the reason for not hiring, provide the criminal history report and allow 10 days for the applicant to respond
• Increasing penalties including injunctive relief (requiring the employer to take certain actions), compensatory damages and attorney’s fees
• Allowing a complainant to file a case in court if PCHR dismisses the case, or does not settle it within 1 year

Since 2011, PCHR has helped to ensure effective implementation of the ordinance both through education and enforcement.  The Commission created outreach materials and partnered with groups such as the Mayor’s Office of Reintegration Services (RISE), the Commerce Department and local ex-offender advocacy organizations to conduct targeted information sessions and trainings that have reached hundreds of employers and thousands of people with criminal records.