A federal appeals court just ruled that Pennsylvania\u2019s Criminal History Record Information Act (CHRIA) may protect certain information even if the employer receives it from a source other than background check, including from an applicant\u2019s voluntary disclosure. PA employers must be aware of the 3rd Circuit\u2019s recent decision and how it impacts their compliance obligations during the hiring process. This insight explains everything you need to know and offers steps you can take to avoid potential liability under CHRIA.<\/p>\n
Quick Background on CHRIA Rules for Hiring Decisions<\/p>\n
Under Section 9125 of CHRIA<\/a>, Pennsylvania employers generally may not use a job applicant\u2019s \u201ccriminal history record information\u201d to make a hiring decision. However, employers may consider felony and misdemeanor convictions that relate to the applicant\u2019s suitability for the position. If an employer decides not to hire an applicant based on such information, it is required to notify the applicant in writing.<\/p>\n What Led to the CHRIA Lawsuit in Phath v. Central Transport<\/p>\n A Philadelphia County man sued Central Transport, a Michigan-based trucking company with operations in Pennsylvania, for refusing to hire him based on his criminal history.<\/p>\n According to Rodney Phath\u2019s complaint:<\/p>\n \tIn 2023, he applied for a driver position and was well-qualified for the role because he had a commercial driver\u2019s license, relevant experience, and federal clearance to access secure ports. Phath then filed a lawsuit, claiming that Central Transport violated CHRIA by:<\/p>\n \tdeciding not to hire him for the driver position based on criminal history information that did not relate to his suitability for the role; and Phath requested all damages available under CHRIA, including actual damages, exemplary and punitive damages, reasonable costs of litigation, attorneys\u2019 fees, and any other relief deemed appropriate by the court.<\/p>\n Lower Court Said Applicant\u2019s Self-Disclosure Was Not Protected by CHRIA<\/p>\n A federal district court in Pennsylvania dismissed the case in late 2024, concluding that Phath\u2019s voluntary disclosure of his criminal conviction was not \u201ccriminal history record information\u201d protected by CHRIA. Essentially, the court said that CHRIA only applies when a prospective employer uses an applicant\u2019s criminal history record information that is obtained from a state agency\u2019s files during a background check. Phath then appealed.<\/p>\n 3rd Circuit\u2019s Reversal: Information Type, Not Source, Is What Matters Under CHRIA<\/p>\n The 3rd US Circuit Court of Appeals ruled on Jan. 28 that felony convictions like Phath\u2019s are part of an applicant\u2019s criminal history record information file under CHRIA, even when the prospective employer learns of that information from an applicant\u2019s self-disclosure. The court said that the law\u2019s application is not limited to information received from a state agency\u2019s file, and that what matters is \u201cthe type of information that the employer received, not its source.\u201d<\/p>\n Notably, the appeals court also said that even if information that Phath disclosed about his prior conviction were also part of sources specifically exempted under CHRIA\u2019s Section 9104<\/a> (such as court documents or police blotters that contain criminal history record information), \u201cit would not shield Central Transport\u201d because the company obtained that information from the applicant\u2019s self-disclosure, which the law does not list as an exempt source.<\/p>\n Ultimately, the 3rd Circuit reversed the decision of the lower court, where the case will now return and continue playing out.<\/p>\n CHRIA Compliance Plan for Employers Making Hiring Decisions<\/p>\n The recent decision in Phath v. Central Transport makes CHRIA compliance during the hiring process more important than ever. Here\u2019s what Pennsylvania employers should keep in mind to avoid violations and reduce litigation risks:<\/p>\n \tIf you receive criminal history information about an applicant, determine if that information is protected by CHRIA. Remember, CHRIA only applies to \u201ccriminal history record information\u201d as defined by the law. However, the 3rd Circuit has now made it clear that such information may be protected even if the employer receives it from a source other than a background check. When in doubt, work with counsel to understand your options and obligations.
\n\tDuring the interview and hiring process, the company told Phath it would be ordering a criminal background report. He then disclosed that he was convicted of armed robbery in 2008, served six years in prison for it, and has had a clean record ever since.
\n\tThe company immediately told Phath that it would not hire him based on his criminal history.<\/p>\n
\n\tfailing to notify him in writing that it used such information to make that decision.<\/p>\n
\n\tIf CHRIA protects information you\u2019ve received, do not use that information to make a hiring decision unless CHRIA specifically permits you to do so (see below).
\n\tIf you receive information about an applicant\u2019s misdemeanor or felony convictions, you may consider that information for purposes of making a hiring decision but only to the extent it relates to the applicant\u2019s suitability for the position.
\n\tIf you decide not to hire an individual based on criminal history record information, you must notify them in writing that such information was used to make that decision.
\n\tRemember, CHRIA is just one piece of the compliance puzzle when it comes to what you may or may not do during the hiring process regarding an applicant\u2019s criminal history information. For example, local laws, such as Philadelphia\u2019s recently expanded ban-the-box ordinance<\/a>, as well as the federal Fair Credit Reporting Act (FCRA), may impose additional requirements on employers. And FCRA compliance is growing more complicated for employers that use artificial intelligence to screen job candidates<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"A federal appeals court just ruled that Pennsylvania\u2019s Criminal History Record Information Act (CHRIA) may protect certain information…\n","protected":false},"author":2,"featured_media":82112,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[28,30,29],"class_list":{"0":"post-122140","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-pennsylvania","8":"tag-pennsylvania","9":"tag-pennsylvania-headlines","10":"tag-pennsylvania-news"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts\/122140","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/comments?post=122140"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts\/122140\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/media\/82112"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/media?parent=122140"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/categories?post=122140"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/tags?post=122140"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}