Philadelphia Ban the Box Effective Monday, March 14, 2016

Posted by: Tracy Vrchota March 11, 2016

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As Accurate Background previously reported, Philadelphia's Ban the Box legislation Bill No. 150815 goes into effect Monday, March 14, 2016.   This law amends Chapter 9-3500 of the Philadelphia Code (“Fair Criminal Records Screening Standards”) to include more comprehensive requirements. 

Under this law, employers must:

  • Not consider an applicant’s criminal history before a conditional offer of employment has been made
  • Perform an individualized assessment of the applicant’s criminal history
  • Restrict consideration of criminal conviction to 7 years from date of inquiry
  • Implement an adverse action process beyond FCRA requirements
  • Post a summary of requirements from Philadelphia’s Commission on Human Relations where required

In addition, in the event the employer rejects an applicant for a job based in whole or in part on criminal record information, the employer shall allow the applicant ten (10) business days to provide evidence of the inaccuracy of the information or to provide an explanation.  Please consult with your legal counsel to review the best process for your organization on how to comply with this expanded ordinance.

Impacted employers should consider reviewing their hiring process to ensure compliance with the new law. You can read more about this, and other laws, by visiting Accurate Background’s Legislative Updates.

Download Legislative Update

Posted by Tracy Vrchota

Tracy Vrchota is the Director of Compliance at Accurate Background and has 20 years of compliance and background screening program experience. Before she came to Accurate Background, Ms. Vrchota was an end user of background screening in the credit card and financial industry. As Director of Compliance at Accurate Background, Ms. Vrchota reviews and audits all internal processes to ensure compliance with FCRA and all Federal, State and Local laws. She provides legislative and compliance education to clients and Accurate Background employees to assist clients in remaining up-to-date on any legislative changes. Ms. Vrchota works closely with Accurate’s Product Development team to facilitate new product development that adheres to the changing compliance landscape. She is actively involved on the Government Relations and Best Practices Committees within the National Association of Professional Background Screeners to monitor proposed and enacted changes in legislation that impact the background screening industry as well as best practices in the industry. Ms. Vrchota is FCRA Advanced Certified through NAPBS has been trained in Six Sigma methodology.

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