November 2024

State Updates

 

Philadelphia Updates Employer Background Screening Requirements

02/01/24

Author: ADP Admin/Tuesday, January 30, 2024/Categories: Compliance Corner , State Compliance Update, Pennsylvania

The City of Philadelphia has amended an ordinance to add provisions regarding convictions that result in exoneration. The amendment took effect on Jan. 19, 2024.

The details

The City amended its Philadelphia Fair Criminal Record Screening Standards Ordinance to provide that it will be considered an unlawful discriminatory practice for employers to reject an applicant or employee on the basis of a conviction that has been exonerated (reversed or vacated by the court or other government official).

An employer may consider the conviction record of an applicant or employee for job-related employment purposes to the extent that the conviction:

·      Did not result in exoneration; and

·      Occurred fewer than seven years from the date of the inquiry.

Note: A period of incarceration is not included when calculating the seven-year period.


Next steps

·      Review background screening and hiring policies and procedures.

·      Train HR personnel to help ensure compliance with the ordinance.

Thank you,

ADP®

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