May 6, 2017

“Ban the Box” Packs More Punch in Philadelphia Under New Amendment

“Ban the Box” Packs More Punch in Philadelphia Under New Amendment

Since 2012, the Fair Criminal Screening Standards Ordinance has prohibited most employers inside the town of Philadelphia from asking about criminal convictions on resume forms. Under revisions towards the so-known as “Ban the Box” ordinance, that have been approved by Mayor Nutter on friday, employers is going to be further restricted within their method of criminal record checks for prospective employees in a number of notable ways.

Conditional Offer of Employment May be the Triggering Event

Underneath the amended ordinance, a company might not inquire about an applicant’s past criminal convictions, or conduct a criminal record check up on a job candidate, unless of course and before the employer extends a conditional offer of employment to that particular applicant. The ordinance defines “conditional offer of employment” as “an offer by a company to employ a job candidate, which can be withdrawn only when the business subsequently determines the applicant (i) includes a conviction record which, according to a personalized assessment as needed by § 9-3504(2), would reasonably lead a company to summarize the applicant would pose an unacceptable risk able requested or (ii) doesn’t meet other legal or physical needs from the job.”

No Beating Round the Plant

The amended ordinance specifically notes the prohibition against asking a job candidate about their past criminal convictions “shall include any question concerning the applicant’s readiness to undergo experience check.”

No “Optional” Disclosure Questions

Following the ordinance required effect, some employers still incorporated a criminal background question on employment applications, but specifically gave applicants the choice to]=3

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One Comment
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