CHAPTER 9-3500. FAIR CRIMINAL RECORD SCREENING STANDARDS 1280

 

Notes

1280
   Added, Bill No. 110111-A (approved April 13, 2011), effective July 12, 2011.
§ 9-3501. Legislative Findings and Purpose.
   (1)   The City Council of the City of Philadelphia finds that:
      (a)   Persons with juvenile and criminal records suffer from pervasive discrimination in many areas of life – employment, housing, education, and eligibility for many forms of social benefits; and 1281
      (b)   As of 1999, more than 71 million people nationwide had criminal records and are reported to experience lifelong discrimination because of their past convictions, and Pennsylvania has a higher corrections population than all but eight states, resulting in large numbers of people whose backgrounds include past criminal convictions and/or imprisonment; and
      (c)   It is estimated that approximately one-fifth of Philadelphia's population has some type of Criminal Record.
      (d)   Nearly 3200 people are released from the Philadelphia Prison System annually and it holds an average daily population of 8500 people – each one released burdened by and shadowed with a criminal record of some type; and
      (e)   The percentage of people of color convicted and incarcerated nationwide exceeds the percentage of their representation in the population as a whole, which disproportionately impacts their lives, families and communities; and
      (f)   Criminal background checks, which often include juvenile records, by employers have increased at a record rate, with a vast majority of employers in the U.S. now screening their workers for criminal records; and 1282
      (g)   Formerly-incarcerated people represent a group of job-seekers, ready to contribute and add to the work force; and
      (h)   Lack of employment is a significant cause of recidivism; people who are employed are significantly less likely to be re-arrested; and
      (i)   Obstacles to employment for people with juvenile and criminal records and other barriers to re-entry are creating permanent members of an underclass that threatens the health of the community and undermines public safety. 1283
      (j)   This legislation concerns a sensitive and highly controversial subject, and should not be construed to require an employer to hire someone with a criminal record, nor to limit an employers ability to choose the most qualified and appropriate applicant for the employment opportunity at hand.
      (k)   This legislation is intended to give the individual with a criminal record an opportunity to be judged on his or her own merit during the submission of the application and at least until the completion of one interview.
   (2)   It is the intent and purpose of this Chapter:
      (a)   to assist the successful reintegration of formerly-incarcerated people back into the community by removing barriers to gainful employment after their release from prison;
      (b)   to enhance the health and security of the community by assisting people with criminal records to provide for their families and themselves; and
      (c)   to ensure that, within the City of Philadelphia, just and fair measures are implemented and practiced when screening and identifying persons who may or may not have juvenile or criminal records; and 1284
      (d)   to ensure that, in accordance with Pennsylvania law, persons with juvenile records may be considered for employment based on their own merit and qualifications, and their juvenile records may not create barriers to employment. 1285

 

Notes

1281
   Amended, Bill No. 180368 (approved June 20, 2018).
1282
   Amended, Bill No. 180368 (approved June 20, 2018).
1283
   Amended, Bill No. 180368 (approved June 20, 2018).
1284
   Amended, Bill No. 180368 (approved June 20, 2018).
1285
   Added, Bill No. 180368 (approved June 20, 2018).
§ 9-3502. Definitions. 1286
   As used in this Chapter the following terms have the following meanings:
   (1)   Applicant. Any person considered or who requests to be considered for employment by an employer.
   (2)   City agency means the City, or any City department, agency, board or commission.
   (3)   Conditional offer of employment means an offer by an employer to hire an applicant, which may be withdrawn only if the employer subsequently determines that the applicant (i) has a conviction that did not result in exoneration and which, based on an individualized assessment as required by subsection 9-3504(3), would reasonably lead an employer to conclude that the applicant would pose an unacceptable risk in the position applied for; or (ii) does not meet other legal or physical requirements of the job.  1287
   (4)   Conviction shall mean any sentence arising from a verdict or plea of guilty or nolo contendere, including a sentence of incarceration, a suspended sentence, a sentence of probation or a sentence of unconditional discharge.
   (4.1)   Employee means any person employed or permitted to work at or for a Private Employer within the geographic boundaries of the City, including as an independent contractor, transportation network company driver, rideshare driver, or other gig economy worker. 1288
   (5)   Employment means any occupation, vocation, job, work for pay or employment, including temporary or seasonal work, contracted work, contingent work and work through the services of a temporary or other employment agency; or any form of vocational or educational training with or without pay. "Employment" shall not, for the purposes of this Chapter, include membership in any law enforcement agency, or domestic services in or about the private home in which the employer resides, as defined in the Pennsylvania Minimum Wage Act, 43 P.S. § 333.101, and its regulations at 34 Pa. Code § 231.1(b).
   (5.1)   Employment Process means the process by which an employer assesses the suitability of an Applicant for prospective employment or consideration of any aspect of the Employee's re-employment or continued employment, including promotion, raise or termination. 1289
   (5.2)   Exoneration means the reversal or vacation of a conviction by pardon, acquittal, dismissal or other post-conviction re-examination of the case by a court or other authorized government official. 1290
   (6)   Inquiry means any direct or indirect conduct intended to gather information, using any mode of communication.
   (7)   Criminal Justice Agency means any court, including the minor judiciary, with criminal jurisdiction or any other governmental agency, or subunit thereof, created by statute or by the State or Federal constitutions, specifically authorized to perform as its principal function the administration of criminal justice, and which allocates a substantial portion of its annual budget to such function; and agencies whose principal function relates to the administration of criminal justice, including but not limited to organized State and municipal police departments, local detention facilities, correctional facilities, probation agencies, district or prosecuting attorneys, parole boards, pardon boards, and public agencies that provide care, guidance and control to adjudicated delinquents.
   (8)   License means any certificate, license, permit, authorization or grant of permission required by the City as a condition for the lawful practice of any occupation, employment, trade, vocation, business, or profession. "License" shall not, for the purposes of this Chapter, include any license, authorization or permit to own, possess, carry, or fire any explosive, pistol, handgun, rifle, shotgun, or other firearm.
   (8.1)   Pending criminal charge means an existing accusation that a person has committed a crime, lodged through an indictment, information, complaint or other formal charge, where the accusation has not yet resulted in a final judgment, acquittal, conviction, plea, dismissal or withdrawal. 1291
   (9)   Private employer means any person, company, corporation, labor organization or association which employs any persons within the City of Philadelphia. It includes job placement and referral agencies, other employment agencies, and any third-party person or entity that facilitates the relationship of work for pay between two other parties, as full-time or part-time employees or as independent contractors.  1292
   (10)   Juvenile records means any records arising from the juvenile justice system, including records of arrests, petitions alleging delinquency, adjudications of delinquency, diversions, consent decrees, deferred adjudications, and records of decertified cases. 1293

 

Notes

1286
   Amended, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016.
1287
   Amended, Bill No. 230571 (approved December 20, 2023).
1288
   Added, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021.
1289
   Added, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021.
1290
   Added, Bill No. 230571 (approved December 20, 2023).
1291
   Added, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021.
1292
   Amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021.
1293
   Added, Bill No. 180368 (approved June 20, 2018).
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