Philadelphia Amending 'Ban the Box' Law

Reminder to employers in Philadelphia, new amendments to your current ‘Ban the Box’ law are going into effect on March 14, 2016. These new amendments are changing important aspects of the law that you need to be aware of.

Here are the primary changes:

  • Employers with as little as one employee are now subject to ‘Ban the Box’ in Philadelphia. Previously only employers with ten or more employees were required to follow this law.
  • Employers now may only look back as far as seven years when reviewing any possible criminal histories. When originally passed in 2012, employers could go back as far as they desired when checking for any criminal history.
  • Employers may only conduct background check of an applicant until after a conditional offer of employment has been made. Prior to these new amendments, employers could conduct background check after the initial interview, which could include phone interviews.
  • The amendments also prohibit employers from using a specific criminal conviction for barring an applicant from employment. Employers must determine whether a criminal background presents an unacceptable risk. An individualized assessment must be done.

While Philadelphia employers will now be expected to be more diligent with how they conduct employment screening, these amendments should also serve as a warning to every other employer that their obligations will only be increasing when it comes to background checks. It is vital that you follow best practices as established by the Equal Employment Opportunity Commission (EEOC).

Review your current hiring policies, work closely with your background check partner, consult attorneys specializing in employment law, and understand all of your responsibilities.

This is one of the reasons why IntelliCorp mandates all of our clients undergo training on how best to use our products and services. Our training course aims to help you establish a comprehensive and compliant program for your organization.

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