HR Legalist

Philadelphia Increases Worker Protections Via Updated Ban the Box Law

On October 8, 2025, Philadelphia Mayor Cherelle Parker signed a sweeping amendment to the City’s Fair Criminal Records Screening Standard, also known as its “ban the box” ordinance. The updated ordinance takes effect on January 6, 2026, and further restricts how employers may consider criminal history in hiring decisions.

Philadelphia was one of the first cities to prohibit private employers with ten or more employees from including criminal history questions on job applications. Employers could only consider criminal records after an initial interview and were barred from relying on arrests that did not lead to convictions. As HR Legalist blogged in 2016, Philadelphia expanded these protections to prohibit employers from inquiring into an applicant’s criminal history until a conditional offer of employment had been extended.

This latest amendment goes even further, and there are five key changes that employers should note:

1. Misdemeanor Lookback – Employers may only consider misdemeanor convictions if the underlying arrest or release from incarceration occurred within the past 4 years, whereas the lookback was previously 7 years.
2. Summary Offenses – Employers can no longer consider summary offenses (i.e., minor criminal and traffic offenses that are often resolved with citations or fines). However, because some background reports may still include them, employers must take additional steps to ensure that disqualifying decisions are based only on information they are legally permitted to consider.
3. Sealed and Expunged Records – Employers may not consider expunged or sealed criminal records, even if they appear in a background report or in a PennDOT driver history report. Before making a final decision, employers must give applicants an opportunity to provide proof of sealing or expungement.
4. Expanded Notice and Rebuttal Rights – Employers must issue a written, provisional notice when they intend to take adverse action, based in whole or in part on criminal record information, rather than waiting until the decision is final. Further, the notice must identify the specific conviction under consideration, include a copy of the background report, provide a plain language explanation of the applicant’s rights, and provide clear instructions on how to respond. Then, employers must give applicants 10 business days to provide evidence of error, rehabilitation, or mitigation.
5. Anti-Retaliation Protections – If an employer takes adverse action within 90 days of an applicant or employee asserting their rights, there is a new rebuttable presumption of retaliation. Employers, therefore, must demonstrate that any adverse action was based on just cause and was unrelated to the protected activity.

Employers operating in Philadelphia should be proactive and take advantage of the January 6, 2026, implementation date to prepare by reviewing current policies and training those individuals charged with hiring decisions. HR Legalist urges readers to contact an Obermayer attorney with any questions about Ban the Box laws in Philadelphia or any other jurisdiction.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.