Employers with operations in Philadelphia should be aware of a recent development under the city’s Fair Criminal Record Screening Standards Ordinance (FCRSSO), commonly known as Philadelphia’s “ban-the-box” law.
Earlier this year, significant amendments to the FCRSSO took effect, expanding employer obligations regarding the use of criminal history information in employment decisions. While the amendments gave the Philadelphia Commission on Human Relations discretion to issue an updated “Summary of Rights” notice, it was unclear whether the Commission would do so.
The Commission has now published an updated Summary of Rights notice for applicants and employees.
Why This Matters
Under the FCRSSO, employers must provide applicants and employees with a summary of their rights before taking adverse employment action based on criminal history information. With the release of the updated notice, employers should strongly consider using the newly issued version to satisfy this requirement.
Additionally, Philadelphia employers are required to post a Commission-approved summary of the law in a conspicuous location on both their premises and websites. Employers should review existing postings and replace older versions with the newly issued notice.
Potential Confusion Remains
The Commission’s website currently contains multiple versions of FCRSSO notices and posters, including older versions from 2021 and 2024. Some of these materials contain language that may no longer align with the amended ordinance, creating potential confusion for employers attempting to comply with the law.
Until further clarification is provided by the Commission, the most conservative compliance approach is to utilize the newly published notice for both adverse action communications and required workplace postings.
Forework Takeaway
Philadelphia continues to aggressively regulate the use of criminal background information in hiring and employment decisions. Employers should:
• Review current Philadelphia fair chance hiring procedures.
• Replace outdated FCRSSO posters and notices.
• Ensure recruiting, HR, and management teams are using the updated forms.
• Confirm that adverse action workflows include the required notice before final employment decisions are made.
As jurisdictions continue expanding fair chance hiring protections, employers should regularly review their hiring processes to ensure compliance with evolving local requirements.