What Employers Need to Know Before January 6
Introduction
Effective January 6, 2026, Philadelphia has significantly expanded its Fair Criminal Record Screening Standards Ordinance, commonly known as the Ban-the-Box law. These updates broaden who is covered, tighten restrictions on criminal history use, and introduce new notice and enforcement requirements.
Employers with operations in Philadelphia — including those using independent contractors or gig workers — must review hiring and background screening practices now to ensure compliance.
What Is Philadelphia’s Ban-the-Box Law?
Philadelphia’s Ban-the-Box ordinance is designed to promote fair hiring by limiting how and when employers may consider an individual’s criminal history during the hiring process.
The 2026 expansion strengthens these protections and increases employer responsibilities.
Key Changes Employers Must Know
1. Expanded Coverage
The updated law now applies to:
- Employees
- Independent contractors
- Temporary workers
- Gig workers
- Rideshare drivers
This expansion means many employers who previously believed the ordinance did not apply may now be covered.
2. Criminal History Inquiries Allowed Only After a Conditional Offer
Employers may only inquire into criminal history after a conditional offer of:
- Employment
- Promotion
- Rehire
Any criminal background screening conducted earlier in the process may violate the ordinance.
3. New Look-Back Limits on Criminal Records
Philadelphia now restricts how far back employers may consider criminal history:
- Felonies: May be considered only if they occurred within the past 7 years
- Misdemeanors: May be considered only if they occurred within the past 4 years
- Summary offenses: May not be considered at all
4. Sealed and Expunged Records Cannot Be Used
If a background report includes records that have been sealed or expunged, employers must provide applicants with the opportunity to present proof and may not rely on those records in hiring decisions.
5. Individualized Assessment Is Required
Employers may not rely on blanket exclusions based on criminal history.
Instead, they must conduct an individualized assessment that considers:
- The nature of the offense
- Time elapsed since the offense
- Job duties and relevance
- Evidence of rehabilitation
- Employment history
6. Strengthened Notice and Adverse Action Requirements
Before taking adverse action based on criminal history, employers must provide written notice that includes:
- The specific records considered (with copies)
- A summary of the applicant’s rights
- Information on submitting rehabilitation or mitigation evidence
- A 10-business-day waiting period before a final decision
Model notice forms are expected to be issued by the Philadelphia Commission on Human Relations (PCHR).
7. Increased Enforcement and Penalties
The PCHR has expanded authority to:
- Investigate complaints
- Enforce compliance
- Assess penalties
Adverse actions taken within 90 days of protected activity may be presumed retaliatory, increasing employer risk.
What This Means for Employers
Employers operating in Philadelphia should act now to:
- Review job applications and hiring workflows
- Update background screening and adverse action procedures
- Train recruiters and hiring managers
- Document individualized assessments consistently
- Ensure screening partners understand Philadelphia-specific requirements
How The Screening Source Can Help
At The Screening Source, we help employers navigate complex local and state hiring regulations by:
- Supporting compliant background screening workflows
- Providing guidance on fair hiring best practices
- Helping employers adapt to evolving Ban-the-Box requirements
If you have questions about how Philadelphia’s expanded Ban-the-Box law affects your hiring process, our team is here to help.
