“Fair Chance” Updates: Philadelphia Employers Soon Face New Screening Restrictions

On October 8, 2025, the Mayor of Philadelphia signed into law amendments (“Amendments”) to the city’s Fair Criminal Record Screening Standards Ordinance, commonly known as Philadelphia’s Fair Chance law.

The Amendments will take effect on January 6, 2026.

With new prohibitions, heightened procedural requirements, and strengthened anti-retaliation protections, the Amendments have important consequences for any employer operating in Philadelphia.

Key Changes Under the Amendments

Broader Limits on Criminal Background Checks

Under the Amendments, employers may only consider misdemeanor convictions in their employment decisions if the underlying arrest or release from incarceration occurred within the past four years. This shortens the previous seven-year standard for misdemeanors. Additionally, employers are completely prohibited from considering an applicant or employee’s summary offenses in employment decisions. Employers may still consider felony convictions occurring within the past seven years.

The revised law also prohibits employers from considering expunged or sealed criminal convictions, even if those convictions appear on a criminal background check of a Pennsylvania Department of Transportation Driver Record. The Amendments also clarify that criminal history inquiries, as restricted by the Fair Chance law, include an employer’s investigation into an applicant’s criminal history using any search of public or government records or the internet, whether conducted by the employer or a third-party.

Expanded Obligations For Assessing Criminal History

The amended ordinance continues to require that employers conduct an individualized assessment of six factors before rejecting an applicant or employee from a job based on criminal conviction history, but expands this obligation in three key ways.

First, the Amendments impose a “reasonable person” standard when determining, based on the individualized assessment, whether an applicant or employee poses an unacceptable risk to the business or to co-workers or customers. Now, an employer may not reject an applicant or employee for a position unless, based on the available information and assessment of the required factors, “a reasonable person would conclude that employing the [a]pplicant or [e]mployee would pose a specific unacceptable risk to the operation of the business or to co-workers or customers” given the particular duties of the job, as independently determined by the factfinder.

Second, the Amendments specify the types of evidence of an applicant or employee’s rehabilitation that an employer must consider when conducting the individualized assessment, such as completion of mental health or substance use disorder treatment programs, job training programs, GED or secondary education programs, service to the community, or work history in a related field.

Finally, the Amendments clarify that subjecting an employee to “excessive and unreasonable levels of supervision” based on their criminal history (defined as “supervision that is different from other similarly situated employees that is not justified by a reasonable, individualized assessment of the specific risks posed by an employee’s history or conduct”) constitutes an adverse action, thus expanding the circumstances under which an employer might be required to engage in an individualized assessment of an individual’s criminal history.

New Mandatory Procedures

The Amendments impose new obligations on employers during the decision-making process, requiring that they provide a pre-decision notice of their intent to reject an applicant an employee for a job opening due to their criminal history. The employer must notify the applicant or employee in writing of:

1. the employer’s preliminary decision to reject the applicant or employee;
2. the basis for the decision, including the specific convictions considered;
3. the applicant or employee’s rights under the Fair Chance law;
4. the fact that the employer will consider evidence of any errors in the criminal history record or evidence of rehabilitation and mitigation, including a list of the types of rehabilitation and mitigation evidence; and
5. instructions on how to submit a response.

Along with this notice, the employer must provide a copy of the criminal record used. Importantly, employers may not make a final determination regarding an applicant or employee for at least ten business days after providing the required notice, during which time the individual must be permitted to respond with evidence of the inaccuracy of the information or an explanation.

Stronger Prohibitions on Retaliation

In addition to these expanded protections, the Amendments adopt tougher anti-retaliation provisions. The Amendments establish a rebuttable presumption of retaliation if an employer discharges, suspends, demotes, or takes other adverse action against a person within 90 days of when an applicant or employee exercises any right under the Fair Chance law, but  establish certain exceptions to this rule, including when an employer exercises its right to request information about certain criminal charges that are pending against a current employee. The Amendments also empower the Philadelphia Commission on Human Relations with expanded enforcement authority, including the ability to order employers to provide additional damages to successful claimants for collateral harms resulting from the violation of the Fair Chance law.

New Requirements When an Employer Gives Notice of Intent to Conduct a Criminal Background Check

If an employer gives notice of intent to conduct a criminal background check during the employment process, including in a job advertisement, the Amendments now require that such notice include a statement specifically referencing the individualized assessment.

Employer Takeaways

Allegations of noncompliance with a fair chance or “ban the box” law can lead to potentially costly litigation. Employers in Philadelphia should, if necessary, update their policies and procedures, including job advertisements, applications, and other hiring forms to ensure they are compliant with all applicable mandates. Employers should also consider training personnel involved in the hiring process about applicable laws. Consult with counsel if you have questions about how to comply with the fair chance laws applicable to your organization.