Philadelphia’s Updated Ban the Box Ordinance

Philadelphia’s Updated Ban the Box Ordinance 

Employers should be aware of a recent amendment to Philadelphia's Fair Criminal Record Screening Standards Ordinance (FCRSSO) ordinance which goes into effect on January 6, 2026 which applies to all private employers within Philadelphia’s geographic boundaries. The FCRSSO was initially passed in 2011 regulating when employers could ask about and use criminal history. In 2023 an amendment to the FCRSSO included protections for exonerated convictions. 

A summary of the key changes or clarifications to the latest amendment to the ordinance include: 

1. Prohibition on asking about criminal history during the employment process unless otherwise authorized by law;
2. If an employer is going to notify about any background check requirements, they must include a clear statement that criminal records will involve an individualized assessment;
3. Limitations on the use of misdemeanor convictions that are more than four years old (as opposed to seven years in the initial ordinance – note that felony convictions remain at the original seven year measuring period);
4. Summary Offenses (lowest level of offense in Pennsylvania) and any sealed or expunged records are prohibited from consideration by an employer for any employment decisions; and
5. Employers must follow amended pre-adverse and adverse action notice requirements including:
   1. Providing pre-adverse action notice, including the report, listing the specific CONVICTION(S) ONLY the employer is considering;
   2. Including a summary of rights under the FCRSS ordinance;
   3. Including a statement that the employer will consider evidence of any error(s), rehabilitation or mitigation AND include the types of evidence that an individual may provide and instructions on how to provide this information directly to the employer;
   4. Providing a ten-business day period for the individual to respond to the pre-adverse action notice;   
   5. Prior to any adverse action, consideration by the employer of any evidence of errors in the report, or an individual’s rehabilitation or mitigation; and
   6. Also, prior to any adverse action, conducting an individualized assessment related to criminal convictions. 

Employers should be aware that the ordinance defines and considers “excessive and unreasonable supervision” of an individual because of a criminal record to be adverse action. In addition, there are anti-retaliation protections included which protect an individual for asserting their rights under the ordinance. 

What Should Employers Do?

Employers subject to the Philadelphia FCRSSO should review and update their job postings as applicable, employment applications, background check policies and processes as well as any pre and/or adverse action notices to align with employer obligations under the amended ordinance. Talk with your Legal Counsel about questions related to the amended ordinance. 

Employers should also train HR staff on the new updated ordinance requirements including pre-hire questions related to any criminal history, limitations on criminal information to be considered, pre/adverse action, individualized assessment, and potential issues with excessive and unreasonable supervision. 

More information on the FCRSSO is available Philadelphia Commission on Human Relations website. 

 Information provided should not be construed as legal advice or a legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have.