New Law Prohibits Philadelphia Employers From Asking Applicants About Criminal History


This is the kind of thing that happens when progressives and liberals run things. They pass ridiculous laws making it nearly impossible to do business. The latest example is a law passed in the city of Philadelphia. Employers are now prohibited from inquiring as to job applicants’ criminal histories.

This report comes from the law firm Seyfarth Seth.

Employers in Philadelphia will soon need to revise the criminal history questions on their employment applications based on a recent law. On April 13, 2011, City of Philadelphia Mayor Michael Nutter signed Bill No. 110111-A, which was passed by the Philadelphia City Council on March 31, 2011. The law will become effective 90 days after its enactment, or July 12, 2011. Philadelphia’s new “Fair Criminal Record Screening Standards” establishes provisions and requirements for the use of criminal history information by certain employers within the City of Philadelphia. Among other things, the new law prohibits employers from engaging in “unlawful discriminatory practices” such as including criminal history questions on employment applications and from making adverse employment decisions based on arrests that did not result in convictions….

The new ordinance specifically prohibits both public and private employers with 10 or more employees within the City of Philadelphia from requiring applicants to disclose their criminal history until after the employer accepts the employment application and conducts the first telephone or in-person employment interview. In other words, the new law “bans the box” on employment applications used to identify whether an applicant has any criminal convictions, under the ordinance, use of the “box” would be an “unlawful discriminatory practice.” Further, an employer that does not conduct an initial telephone or in-person employment interview is barred from making any inquiries or gathering any information about the applicant’s criminal convictions. If the applicant voluntarily discloses any information about his or her criminal convictions at the first employment interview, however, then the employer may discuss the criminal convictions disclosed by the applicant.

I can think of so many way this will go wrong. Mayor Nutter sure is living up to his name, what a nut!

What will they think of next?

Via Labor Union Report

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