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\nEmployers now have an updated Philadelphia \u201cFair Criminal Record Screening Standards Ordinance (FCRSSO) Amendments\u201d poster, released 04.28.26, to add to their fair chance related forms.\u00a0
\nThe Philadelphia Commission on Human Relations issued a new intake form on 06.12.26 identifying the new specific notification and other requirements under the FCRSSO Amendments.
\nEmployers should continue reviewing and updating their hiring, background check, adverse action processes, and employment practices to ensure compliance with the amended FCRSSO.
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The Philadelphia Commission on Human Relations (PCHR) issued an updated poster regarding the 2026 Amendments to Philadelphia\u2019s Fair Criminal Record Screening Standards Ordinance (FCRSSO) on April 28, 2026, that apparently tracks the\u00a0amendments that went into effect on Jan. 6, 2026<\/a>. However, the PCHR has yet to issue guidance clarifying the poster\u2019s legal significance or practical effect, not to mention other guidance on implementation. Consequently, employers should be aware of the specific amendments the PCHR chose to highlight in the poster while simultaneously following the amendments\u2019 plain language notification requirements.<\/p>\n FCRSSO Amendments: Key Requirements<\/p>\n Signed into law on Oct. 8, 2025, the FCRSSO introduced new restrictions on the use of criminal records, expanded procedural safeguards, and enhanced protections for applicants and employees with criminal histories.<\/p>\n Notice of background check:\u00a0Employers may notify (but are not required to) prospective applicants, including in job advertisements, that they will conduct a criminal background check after any conditional offer of employment, promotion, or re-employment has been made. If they provide such notification, the notice must state that any consideration of the results of the background check will include an individualized assessment based on the specific criminal record at issue as well as the duties and job requirements of the specific position.<\/p>\n Lookback:\u00a0Employers may consider only felony convictions that occurred within the preceding seven years. For misdemeanor convictions, employers may consider only convictions that occurred within four years of the conviction date or release from custody. Employers may not consider summary offenses.<\/p>\n Duties related to investigations:\u00a0Employers must be prepared to provide the PCHR with \u201cinformation sufficient for the investigative staff (\u2018reasonable person\u2019) to determine whether the prospective applicant\/employee would be an \u2018unacceptable risk\u2019 to the business.\u201d<\/p>\n Consideration of rehabilitation:\u00a0Employers must consider evidence supporting an applicant\u2019s or employee\u2019s rehabilitation.<\/p>\n Antiretaliation:\u00a0If an employer takes an adverse employment action against an individual within 90 days of an individual exercising their rights under the FCRSSO, the investigating agency may presume retaliation. The employer may rebut that presumption with evidence of good faith, as determined by investigative staff.<\/p>\n Notification, opportunity to rebut background check report:\u00a0Before making an adverse hiring or employment decision based on criminal record information, employers must provide the applicant or employee the following,\u00a0in writing:<\/p>\n
Client Intake Form<\/p>\n The PHRC\u2019s client intake form provides a checklist, asking the individual whether they received a notice with the information found in the\u00a0\u201cFair Criminal Records Screening Standards Ordinance (FCRSSO) Amendments\u201d poster<\/a>.<\/p>\n Consistent with the FCRSSO\u2019s strong antiretaliation language, the intake form provides examples of retaliatory treatment or conduct:<\/p>\n
Essential Insights for Employer<\/p>\n Employers must be prepared:<\/p>\n
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.<\/p>\n","protected":false},"excerpt":{"rendered":"Susan M. Corcoran\u2019s articles from Jackson Lewis P.C. are most popular:
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\nNotice of the individual\u2019s rights under the FCRSSO, with the amendments stating such notification should be in plain language;
\nThe basis for the decision, including a copy of the criminal history report and copies of the documents used to make the decision;
\nA statement that the employer will consider evidence of errors in the criminal history report, as well as evidence of rehabilitation or mitigation;
\nClear and accurate instructions explaining how and where the applicant or employee may submit a response; and
\nNotice that the applicant or employee has 10 business days to provide responsive information.
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\nAn applicant\u2019s conditional offer was withdrawn, and the employer later told other companies that the applicant may be a \u201ctroublemaker\u201d because of their criminal record;
\nThe employer refused to consider the applicant for other positions for which they were qualified;
\nAn employee applies for a promotion or lateral transfer, provides information relevant to an individualized assessment, and then is demoted, suspended, or subjected to excessive or unreasonable supervision; orAfter terminating an employee, the employer gives the employee a negative reference.
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\nTo keep abreast of state and local fair chance hiring developments as they remain important to maintaining an up-to-date and compliant posting and hiring process;
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\nEmployers should periodically review and update their individualized assessment procedures and guidelines for considering criminal convictions;\u00a0
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\nEmployers should review their adverse action process to ensure updated written notification language consistent with the FCRSSO\u2019s amendments is included;\u00a0
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\nEmployers should provide training consistent with PHRC\u2019s antiretaliation protections for job candidates;\u00a0
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\nEmployers should review related pre-hire materials, including job advertisements and posting, to determine whether updates are needed; and
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\nEmployers should ensure that they maintain the up-to-date\u00a0FCRSSO poster<\/a>\u00a0in a conspicuous location on the employer\u2019s premises\u00a0and\u00a0on their website.
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