Written by: Kimberlynn Wilson
On October 8, 2025, Philadelphia Mayor Cherelle Parker approved amendments to the Fair Criminal Record Screenings Standard Ordinance. The amendments provide more protections for job applicants and employees by enhancing enforcement and expanding coverage, definitions and protections.
Expanded Coverage and Definitions
The revised law expands coverage to nearly all private employers with operations in Philadelphia, including city agencies. Certain exemptions exist for law enforcement and domestic services in private homes. The revised law also extends protections to more workers, including independent contractors, transportation network company drivers, rideshare drivers and other gig economy workers. The definition of “employment process” now includes re-employment, continued employment, promotions, raises and termination decisions.
Criminal History Inquiries, Individualized Assessments, and Adverse Action
Terms such as convictions, exonerations, felonies and misdemeanors are clarified under the revised law. There are also changes to when employers can make criminal history inquiries, and what criminal records can be considered. Prior to inquiring about criminal convictions, employers must make a conditional job offer. Employers cannot consider sealed or expunged records. Felonies within 7 years and misdemeanors within 4 years can be considered; however, summary offenses cannot be considered at all. Employers are only allowed ask employees about pending charges if they have reasonably reliable information that the charge is related to the job duties specified for the position
The amendments include additional requirements for the adverse action process. Employers must conduct an individualized assessment, rather than having a blanket policy against hiring individuals with criminal records. If denying an applicant or employee based on their criminal record, the employer must notify them in writing prior to making a final employment decision. Additionally, the employer must allow 10 business days for the applicant to respond before making a final decision. The notice must include:
- The convictions that were considered and a copy of the records used.
- Summary of Rights under the Fair Criminal Record Screening Standards Ordinance.
- Statement that the employer will consider evidence of errors, rehabilitation and mitigation, and the type of evidence that may be offered.
- Instructions for how the applicant/employee can submit evidence.
Anti-Retaliation and Penalties
The revised law includes stronger anti-retaliation provisions, creating a rebuttable presumption of retaliation if adverse action is taken within 90 days of a protected activity. Higher penalties, liquidated damages, and stronger rights for job applicants and employees to sue were introduced under the amendments.
Next Steps for Employers
The amendments will take effect January 6, 2026. To prepare for the effective date, employers can take the following steps to ensure their policies and procedures are compliant.
- Review forms and practices.
- Create or revise notices and policies.
- Train hiring staff and management on the new requirements.
- Maintain proper documentation.
- Have consistent procedures for the decision-making process.
- Prepare for investigations.
- Consult qualified legal counsel to ensure compliance with the new requirements.
To learn more about the recent amendments, click here.
