Amendments include shortening lookback periods, removing the lowest-level offenses from consideration, and clarifying the process for employers
Today, City Councilmember Rue Landau passed a set of critical updates to Philadelphia’s landmark Fair Chance Hiring law, first enacted in 2011, which considers job candidates based on their qualifications, not criminal records. Following a hearing in the Committee on Public Safety earlier this year, the legislation received unanimous support from City Council.
This is the sixth time the law has been updated, a direct response to new research and the lived experiences of those impacted by the law. Currently, more than 300,000 Philadelphians (1 in 4) are living with a criminal record. These changes involve closing loopholes, expanding rights, clarifying how the law should be implemented, and providing new enforcement mechanisms to strengthen the law’s impact.
Importantly, this ordinance shortens the lookback period for applicants with misdemeanors from 7 to 4 years, which reflects research that shows people who remain offense-free for several years are no more likely to commit a new crime than someone with no record at all.
“Philadelphia believes in second chances, and this legislation proves it,” said Councilmember Landau. “By shortening lookback periods, removing the lowest-level offenses from consideration in alignment with state law, and clarifying the process for employers, we are opening doors for thousands of residents who are ready to work and contribute. Employment opportunities are essential for the wellbeing and reintegration of Philadelphians with records, and help create safer, stronger communities. This is good for job seekers, good for businesses, and good for Philadelphia’s economy. No one should be defined forever by a single action, and today we are making that promise real”
A press conference this morning highlighted the broad support for these updates, with speakers from Community Legal Services, the Philadelphia Chamber of Commerce, labor groups including SEIU 32BJ and UNITE HERE, and local employers.
These updates have been passed and the law will go into effect on 90 days after the legislation is passed, or when the Mayor signs it.
Key Updates to Fair Chance Hiring Law:
- Clarifies that the law applies to ALL uses of criminal history, whether that information is found by the employer themselves using public records, by a third-party service, or on a PennDOT Driver Record, which are not required to comply with state law regarding expunged or sealed criminal records. Other provisions of the law are unchanged; this merely clarifies that information may also be found in a driving record.
- Clarifies what is required of employers who make individualized assessments of criminal records. The bill closes loopholes and ensures that employers are only rejecting applicants based on their criminal records if they can show that their specific record poses a specific risk given the duties and responsibilities of the specific job The bill also clarifies what must be included in the notice employers provide to applicants they intend to reject; requiring that employers inform them of their fair chance hiring rights, affirm that they will consider evidence of rehabilitation, and provide directions on how to submit evidence or explanation directly to the employer; and increases enforcement for employers that violate the notice requirements in the law,
- Changes how employers can consider different types of convictions to align with research on recidivism risk and with state law. The bill would reduce how long employers can consider old misdemeanor convictions from 7 years to 4 years after arrest or release from incarceration, whichever is later. Research indicates that this change will increase opportunities for people with misdemeanor convictions without increasing risk to business or public safety. The bill would also clarify the law to align with 18 Pa. C.S. § 9125, which does not allow for the consideration of summary offense convictions in employment.
- Protects people who exercise their fair chance hiring rights from retaliation and provides a rebuttable presumption of retaliation for any adverse action taken against an employee within 90 days of exercising their rights.
