Federal Court Boosts Criminal History Protections for Pennsylvania Job Applicants: Key Employer Takeaways + Your CHRIA Compliance Plan
A federal appeals court just ruled that Pennsylvania’s Criminal History Record Information Act (CHRIA) may protect certain information even if the employer receives it from a source other than background check, including from an applicant’s voluntary disclosure. PA employers must be aware of the 3rd Circuit’s recent decision and how it impacts their compliance obligations during the hiring process. This insight explains everything you need to know and offers steps you can take to avoid potential liability under CHRIA. Quick Background on CHRIA Rules for Hiring Decisions Under Section 9125 of CHRIA , Pennsylvania employers generally may not use a job applicant’s “criminal history record information” to make a hiring decision. However, employers may consider felony and misdemeanor convictions that relate to the applicant’s suitability for the position. If an employer decides not to hire an applicant based on such information, it is required to notify the applicant in writing. What...