Philadelphia’s Updated Ban the Box Law: Seven Steps for Employers to Prepare for January 6, 2026

Recent updates to Philadelphia’s Fair Criminal Record Screening Standards Ordinance (aka the “Ban the Box” law) will significantly expand worker protections and enhance enforcement when they take effect on January 6, 2026. Employers operating in Philadelphia must act now to ensure their background check workflows, job advertisements, and notice procedures align with these new requirements.

Key Changes At-a-Glance

• Shorter Misdemeanor Lookback Period: Employers may now only consider misdemeanor convictions occurring within the past four (4) years. Felony convictions may still be considered if the arrest or release from incarceration occurred within the past seven (7) years.
• No Consideration of Summary Offenses: Employers are prohibited from considering summary offenses, such as minor citations or fines, for employment purposes.
• Sealed or Expunged Records are Off-Limits: Any record that has been expunged or sealed cannot be used in employment decisions—even if it appears on a background check or a PennDOT Driver Record.
• Expanded Notice and Rebuttal Process: Before taking adverse action, employers must provide a written notice of the provisional decision, identifying the specific convictions considered and providing a copy of the criminal record used. Candidates must be given ten (10) business days to provide evidence of inaccuracy or rehabilitation.
• Broad Coverage of "Employees": The law now explicitly includes independent contractors, gig economy workers, and rideshare drivers. The "Employment Process" also now explicitly includes considerations for promotion, raises, and termination, not just initial hiring.
• Stronger Anti-Retaliation Protections: A rebuttable presumption of retaliation now exists if an employer takes adverse action within 90 days of an individual exercising their rights under this law.

Expanded Definitions of Rehabilitation Evidence

When performing an individualized assessment, employers must now consider specific types of rehabilitation evidence if provided by the applicant, including:

• Completion of mental health or substance use disorder treatment programs.
• Completion of job training, GED, or post-secondary education.
• Community service or work history in a related field since the conviction.
• Active occupational or commercial driver licensure.

Seven Steps Employers Can Take Now

1. Review HR Forms: Ensure job applications do not include prohibited inquiries and that internal candidate paperwork for promotions is compliant.
2. Update Job Advertisements: If you mention background checks in job ads, you must now state that consideration will be based on an individualized assessment.
3. Audit Adverse Action Templates: Revise your notices to include the 10-business-day response window and a summary of the applicant's rights under the ordinance.
4. Provide Training: Educate recruiters and hiring managers on the new definitions and the fact that the law now covers gig workers and contractors.
5. Refine Recordkeeping: Maintain thorough documentation of individualized assessments and risk evaluations to defend against potential complaints.
6. Ensure Consistency: Establish a central process for reviewing criminal records to ensure all "individualized assessments" are handled uniformly across the organization.
7. Consult with Counsel: The new restrictions introduce risks regarding workplace safety and regulatory compliance. Work with your attorney to create a plan that balances these risks with the new legal requirements.

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The below checklist is designed to help your team navigate the mandatory individualized assessment process for candidates or employees with criminal records, as required by the updated Philadelphia Fair Criminal Record Screening Standards Ordinance.

Starting January 6, 2026, Philadelphia employers cannot use blanket exclusion policies. Instead, they must determine whether a "reasonable person" would conclude that the individual poses a specific, unacceptable risk to the business, co-workers, or customers based on the following criteria.

Step 1: Determine Eligibility of the Record

Before beginning the assessment, verify the record is legally permissible to consider under the new lookback rules:

• [  ] Is it a felony? Only consider if the arrest or release from incarceration (whichever is later) occurred within the last seven (7) years.
• [  ] Is it a misdemeanor? Only consider if the arrest or release from incarceration (whichever is later) occurred within the last four (4) years.
• [  ] Is it a summary offense? Stop. These are prohibited from consideration.
• [  ] Is it sealed, expunged, or an arrest that didn't lead to conviction? Stop. These are prohibited from consideration.

Step 2: Mandatory Assessment Factors

If the record is eligible, your hiring team must document the review of these six core factors:

1. [  ] Nature of the Offense: What was the actual conduct involved?
2. [  ] Time Elapsed: How much time has passed since the offense or release from incarceration?
3. [  ] Work History: What is the individual’s employment history before and after the offense?
4. [  ] Job Duties: What are the specific requirements and responsibilities of the role being sought?
5. [  ] References: Did the applicant provide character or employment references?
6. [  ] Evidence of Rehabilitation: (See Step 3 below).

Step 3: Review Rehabilitation & Mitigation Evidence

The 2026 update explicitly requires employers to consider the following types of evidence if provided by the applicant:

• [  ] Completion of mental health or substance use disorder treatment programs.
• [  ] Completion of job training, GED, or post-secondary education.
• [  ] Service to the community (volunteer work).
• [  ] Professional or commercial licensure (e.g., CDL, occupational licenses).
• [  ] Work history in a related field since the conviction.

Step 4: The Provisional Decision Notice

If you still intend to reject the applicant after the assessment, you must follow this notice protocol:

• [  ] Written Notice: Send a written notice of the "provisional" decision.
• [  ] Basis & Details: Identify the specific convictions considered and provide a copy of the criminal record used.
• [  ] Rights Summary: Include a summary of the applicant’s rights under the Philadelphia Ordinance.
• [  ] 10-Day Clock: Provide the applicant at least 10 business days to submit evidence of error or rehabilitation before making a final decision.

Step 5: Final Determination & Documentation

• [  ] Reasonable Person Standard: Document why a "reasonable person" would find this individual an "unacceptable risk" despite any rehabilitation evidence.
• [  ] Retention: Retain all notes and documentation for at least three years (or per your legal counsel's advice) to defend against potential retaliation claims.

Disclaimer: This document provides a general overview for informational purposes only and does not constitute legal advice. Consult with qualified legal counsel regarding your specific compliance obligations.

The information and opinions expressed are for educational purposes only and are based 
on current practice, industry related knowledge and business expertise. The information
provided shall not be construed as legal advice, express or implied. 

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