Philadelphia Employers Get New “Fair Chance” Compliance Tool: 7 Steps to Consider Taking Now

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Employers in Philadelphia just received a new tool to help comply with the city’s ban on criminal history inquiries, which was significantly expanded in January. This year’s changes to Philly’s “fair chance” or “ban-the-box” ordinance covered more employers, clarified key definitions and procedures, and added more robust notice, retaliation, and enforcement provisions. The Philadelphia Commission on Human Rights (PCHR) has now released a document summarizing the ordinance amendments, which can be provided to employees to satisfy the “notice of rights” requirement. Here’s what you need to know about the new model notice, a refresher on your obligations, and a seven-step compliance plan.

What Happened?

Philadelphia’s Fair Criminal Record Screening Standards Ordinance has been in place since 2011. This law – which is also known as a “fair chance” or “ban-the-box” ordinance – puts limits on the questions employers can ask job applicants about their criminal history. The goal is to remove barriers to employment for people with criminal records.

Mayor Cherelle Parker approved amendments in October 2025, and they took effect in January. The amendments are meant to give job applicants more protections by covering more workers, clarifying definitions, creating new notice requirements, and strengthening the PCHR’s enforcement capabilities.

The PCHR was expected to create model forms for employers, and recently posted a notice on its website, which you may now provide as the required “summary of rights” to job applicants or employees before taking adverse action based on their criminal history. As a best practice, you may also use this form to satisfy certain posting requirements.

Read on for a refresher on the key requirements and changes under Philadelphia’s fair chance ordinance, as well as the steps you should consider taking to ensure compliance.

Broad Workplace Coverage

The expanded ban-the-box law applies to nearly all private employers with operations in Philadelphia, as well as city agencies, though there are some exceptions for law enforcement agencies and domestic services performed in private homes.

Employment broadly means:

  • any occupation, vocation, job, work for pay, or employment, including temporary or seasonal work, contracted work, contingent work and work through the services of a temporary or other employment agency; or
  • any form of vocational or educational training with or without pay.

In addition to employees, the amendments extend protections to:

  • independent contractors;
  • transportation network company drivers;
  • rideshare drivers; and
  • other gig economy workers.

Moreover, the definition of “employment process” includes more than just the initial hiring stage. It covers re-employment, continued employment, promotions, raises, and termination decisions. This means employers will need to ensure compliance through all aspects of the employment relationship, not just during the selection process.

Updated Criminal History Screening Rules

In addition to expanding workplace coverage, the amendments also revised how and when employers may ask about and review criminal background information. Here’s a breakdown of the essentials:

  • Inquiries: Before asking about criminal convictions, you’ll need to make a conditional offer of employment, promotion, or rehire.
  • Key Terms: The amendments clarified terms like convictions, exonerations, felonies, misdemeanors, summary offenses, and incarceration.
  • Time Limit: Employers can still consider felonies within seven years, but misdemeanors can only be considered within four years. And summary offenses may not be considered at all.
  • No Sealed or Expunged Records: You can’t consider records that have been sealed or expunged. If such records appear in a background check or driver record, you should allow the job applicant to show proof of expungement or sealing.
  • Individualized Assessment: Rather than having a blanket policy against hiring workers with criminal records or certain types of offenses, employers need to conduct an individualized assessment that includes considerations like the nature of the offense, time passed and rehabilitation, employment references, and job duties.
  • Pending Criminal Charges: You may ask employees about pending criminal charges when you have reasonably reliable information about a charge that relates to specific job duties. You may ask employees to report pending charges if you have a written policy on the offenses that are reportable. Still, any adverse actions must be justified. It’s best to consult with legal counsel before doing so.
  • Expanded Anti-Retaliation Provisions: Philadelphia’s amended ban-the-box law includes stronger anti-retaliation provisions and creates a rebuttable presumption of retaliation if an adverse action is taken within 90 days of a protected activity. To overcome the presumption, be prepared to show that you acted in good faith and took adverse action for legitimate reasons.
  • Higher Risks: The revised law comes with higher penalties, new liquidated damages, and stronger rights for job applicants and employees to sue.

This is just an overview of the key requirements and changes. You can read the details of the ordinance here.

Notice Requirements

If you inform job applicants during the employment process, including in a job ad, that you conduct background checks, you’ll need to state that any consideration of the background check will be “an individualized assessment based on the applicant or employee’s specific record and the duties and requirements of the specific job.”

Additionally, if you plan to deny an applicant or employee based on their criminal record, you’ll need to notify them in writing before making a final decision. The notice should include:

  • the specific convictions you considered and a copy of the records you used;
  • a summary of the employee’s rights under the Fair Criminal Record Screening Standards Ordinance;
  • a statement that you will consider evidence of errors, rehabilitation, and mitigation, as well as the type of evidence that may be offered; and
  • information on how to submit relevant evidence.

You’ll be required to give the applicant 10 business days to respond before making a final employment decision.

Your 7-Step Compliance Plan

Here are seven steps you should consider taking to ensure ongoing compliance with Philadelphia’s fair chance ordinance:

1. Review HR Forms and Practices: Be sure that job applications, internal candidate and promotion paperwork, and related selection processes are compliant with all new and existing requirements.

2. Create Notice and Documentation Policies: Ensure your criminal background forms, notifications, and documentation practices comply with all federal, state, and local requirements for conducting investigations, as well as considering and taking adverse action.

3. Provide Training: Educate your HR staff, recruiters, and hiring managers on the requirements. Make sure they understand how the law covers gig workers and other independent contractors.

4. Recordkeeping: Maintain and retain proper documentation of individualized assessments, risk evaluations, and notices.

5. Ensure Consistency: Consider creating a single clearinghouse within your organization to review and approve all individualized assessment decisions. This will help create a more consistent decision-making process and reduce the chances that a disgruntled applicant will be able to advance a discrimination claim based on a disparate treatment theory.

6. Be Prepared for an Investigation: If a complaint is filed, you should be ready to provide the PCHR with an explanation of how you conducted the individualized assessment and documentation related to any adverse employment decisions.

7. Reach Out to Counsel: Philadelphia’s amended ban-the-box ordinance includes complex requirements for employers that conduct criminal background investigations. Your attorney can help you create a robust plan to ensure compliance.

Conclusion

We will continue to monitor workplace developments impacting your business, so make sure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information directly to your inbox. If you have questions about whether your policies comply, contact your Fisher Phillips attorney, the authors of this Insight, or any attorney in our Philadelphia office. 

Source(s):

Philadelphia Employers Get New “Fair Chance” Compliance Tool: 7 Steps to Consider Taking Now. (2026). Fisher Phillips; Fisher Phillips LLP. https://www.fisherphillips.com/en/insights/insights/philadelphia-employers-get-new-fair-chance-compliance-tool

FAIR CRIMINAL RECORDS SCREENING STANDARDS ORDINANCE (FCRSSO) Amendments. (n.d.). Retrieved June 24, 2026, from https://www.phila.gov/media/20260428133610/Fair-Criminal-Records-Screening-Standards-Ordinance-amendments-2026.pdf

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