Matthew J. McDonald, left, and Patrick J. McKnight, right, of Klehr Harrison Harvey Branzburg. Courtesy Photos Philadelphia Expands Background Screening Ordinance
The revisions will expand coverage, modify certain required procedures and eliminate several exceptions. These changes have significant implications for the ability of many employers to inquire about the criminal history of independent contractors, gig workers and current employees.
April 22, 2021 at 10:32 AM
4 minute read
On Jan. 20, Philadelphia Mayor James Kenney signed three bills amending Philadelphia's Fair Criminal Record Screening Standards (FCRSS) and credit ban ordinances. The amendments become effective March 21 and April 1, respectively. The revisions will expand coverage, modify certain required procedures and eliminate several exceptions. These changes have significant implications for the ability of many employers to inquire about the criminal history of independent contractors, gig workers and current employees.
Philadelphia employers should be aware of how these changes will impact their operations, including, but not limited to:
- Expanded FCRSS coverage to current employees
- Expanded FCRSS coverage to gig work and independent contractors
- Changes to FCRSS remedies
- Eliminations of credit ban ordinance exceptions
- Changes to credit ban ordinance procedures
Amendments to the FCRSS
Since 2011, the FCRSS has limited an employer's ability to inquire into a job applicant's criminal history. The ordinance, better known as "Ban the Box," was enacted to help the one in three Philadelphians with a criminal record find employment and thus discourage recidivism.
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