Philadelphia has enacted amendments to the city’s Fair Criminal Record Screening Standards Ordinance (FCRSSO), also known as the city’s “ban the box” ordinance. The updated ordinance introduces definitions for terms such as “felony,” “misdemeanor,” “summary offense,” and “incarceration,” and expands the meaning of “adverse action” to include a wider range of employment-related decisions. Job advertisements that mention background checks must now state that an individualized assessment will be conducted.
Employers are now prohibited from considering certain records, including misdemeanor convictions older than four years, summary offenses, and any records that have been sealed or expunged. Felony convictions may only be considered if the arrest or release from incarceration occurred within the last seven years.
The ordinance also outlines factors for individualized assessments, such as the nature and timing of the offense, job duties, and evidence of rehabilitation, which may include completion of treatment programs, education, or job training.
Before making a final decision based on criminal history, employers must provide written notice of the provisional decision, specify the convictions considered, include a summary of rights under the ordinance, and allow ten business days for the individual to respond with evidence of error or rehabilitation.
The amendments further require employers to provide detailed information when responding to complaints and authorize remedies such as civil penalties and liquidated damages. The law also establishes protections against retaliation for individuals exercising their rights under the ordinance.
These amendments will take effect on January 6, 2026. Employers operating in Philadelphia should review and update their hiring policies and procedures to ensure compliance by the effective date.
You can find the amendments here.