Philadelphia City Council is currently considering a draft ordinance that would change the hiring practices of many companies operating in the city with regards to asking about criminal convictions. The “Ban the Box” ordinance, introduced by Council member Curtis Jones, was introduced in early November and received a hearing on November 13.
Specifically, the ordinance includes the following provisions:
• There may not be a question during the application process regarding past criminal convictions, even if the answer is optional. This includes questions regarding the willingness to complete a background check.
• The application process is considered over when a conditional offer of employment is made.
• Criminal convictions may only be discussed when voluntarily offered by the applicant.
• Employers may not automatically exclude applicants with a criminal conviction from a job or class of jobs, unless that conviction puts an unacceptable risk to the operation of the business or coworkers. This risk must be conducted as an individual employee assessment.
• No criminal offenses can be considered as a part of the employment process after seven years following the conviction.
• If an employer rejects a candidate based on a criminal history, the candidate must be notified in writing and has ten days to appeal.
• Violations of the ordinance would be subject to financial penalties from the city’s Human Relations Commission, and a civil action if an agreement cannot be reached. Commission penalties could include compensatory damages and legal fees, and punitive damages, which would be capped at $2,000 per violation.
PFMA is seeking feedback from members regarding this draft ordinance. For more information, or to share your thoughts, please contact Alex Baloga (abaloga@pfma.net or 717.760.5918)
Specifically, the ordinance includes the following provisions:
• There may not be a question during the application process regarding past criminal convictions, even if the answer is optional. This includes questions regarding the willingness to complete a background check.
• The application process is considered over when a conditional offer of employment is made.
• Criminal convictions may only be discussed when voluntarily offered by the applicant.
• Employers may not automatically exclude applicants with a criminal conviction from a job or class of jobs, unless that conviction puts an unacceptable risk to the operation of the business or coworkers. This risk must be conducted as an individual employee assessment.
• No criminal offenses can be considered as a part of the employment process after seven years following the conviction.
• If an employer rejects a candidate based on a criminal history, the candidate must be notified in writing and has ten days to appeal.
• Violations of the ordinance would be subject to financial penalties from the city’s Human Relations Commission, and a civil action if an agreement cannot be reached. Commission penalties could include compensatory damages and legal fees, and punitive damages, which would be capped at $2,000 per violation.
PFMA is seeking feedback from members regarding this draft ordinance. For more information, or to share your thoughts, please contact Alex Baloga (abaloga@pfma.net or 717.760.5918)
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