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§ 9-3503. Prohibition Against Unfair Discrimination Against Persons Previously Arrested for One or More Criminal Offenses.
   (1)   In connection with the licensing or employment of any person, it shall be an unlawful discriminatory practice for a City agency or private employer to knowingly and intentionally make any inquiry about or to take any adverse action against any person on the basis of any arrest or criminal accusation made against such person, which is not then pending against that person and which did not result in a conviction. It shall further be an unlawful discriminatory practice for a City agency or private employer to require any person to disclose or reveal any arrest or criminal accusation made against such person which is not then pending against that person and which did not result in a conviction.
   (2)   Nothing herein shall prevent an Employer from making an inquiry, or requiring an Employee to respond to an inquiry, about a Pending Criminal Charge, when the employer possesses reasonably reliable information to indicate a Pending Criminal Charge has been lodged against the Employee that relates to the particular duties of their job. Employers may require employees to report a Pending Criminal Charge, provided the Employer does so pursuant to a written policy detailing what offenses are reportable. An employer shall not take an adverse action against an Employee based on a Pending Criminal Charge unless the offense bears such relationship to the Employee's duties that the Employer may reasonably conclude that the Employee's continued Employment would present an unacceptable risk to the operation of the business or to co-workers or customers, and that exclusion of the Employee is compelled by business necessity. 1294

 

Notes

1294
   Added, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021.
§ 9-3504. Prohibition Against Unfair Discrimination Against Persons Previously Convicted of One or More Criminal Offenses. 1295
   (1)   In connection with the licensing or employment of any person, it shall be an unlawful discriminatory practice for a City agency or private employer to make any inquiry regarding or to require any person to disclose or reveal any criminal convictions during the Employment Process, except as required by federal or state law. The inclusion of such inquiry on an employment application shall be unlawful, whether or not certain Applicants or Employees are told they need not answer the question. The inquiry prohibited by this Section shall include any question regarding the Applicant's or Employee's willingness to submit to a background check. When such inquiry is required by federal or state law, such inquiry shall be conducted only after a Conditional Offer of Employment has been extended to the Applicant or Employee.
      (a)   If an Applicant or Employee voluntarily discloses information regarding his or her criminal convictions during the Employment Process, the employer may discuss the criminal conviction disclosed by the Applicant or Employee at that time.
      (b)   An employer may give notice, to prospective Applicants or during the Employment Process, of its intent to conduct a criminal background check after any Conditional offer of employment, promotion or re-employment is made, provided that such notice shall be concise, accurate, made in good faith, and shall state that any consideration of the background check will be tailored to the requirements of the job.
   (2)    It shall be an unlawful discriminatory practice for a City agency or private employer to reject an Applicant or Employee based on a conviction that resulted in exoneration. 1296
   (3)   No employer shall maintain a policy of automatically excluding any Applicant or Employee with a criminal conviction from a job or class of jobs. A prospective employer shall not reject an Applicant or Employee based on his or her criminal record, unless: such record includes conviction for an offense that did not later result in exoneration; the conviction bears such relationship to the Employment sought that the employer may reasonably conclude that the Applicant or Employee would present an unacceptable risk to the operation of the business or to co-workers or customers; and that exclusion of the Applicant or Employee is compelled by business necessity. An employer shall make a determination regarding such risk only after reviewing the Applicant’s or Employee’s specific record and the particular job being sought, and conducting an individualized assessment of the risk presented. Such assessment shall include: 1297
      (a)   The nature of the offense;
      (b)   The time that has passed since the offense;
      (c)   The Applicant's or Employee's employment history before and after the offense and any period of incarceration;
      (d)   The particular duties of the job being sought;
      (e)   Any character or employment references provided by the Applicant or Employee; and
      (f)   Any evidence of the Applicant's or Employee's rehabilitation since the conviction.
   (4)   A City agency or private employer may consider, for employment purposes, an Applicant's or Employee's conviction record only to the extent that the conviction did not result in exoneration and occurred fewer than seven (7) years from the date of the inquiry. Any period of incarceration shall not be included in the calculation of the seven (7) year period. 1298

 

Notes

1295
   Amended, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016; amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021.
1296
   Added, Bill No. 230571 (approved December 20, 2023).
1297
   Amended, Bill No. 230571 (approved December 20, 2023).
1298
   Amended, Bill No. 230571 (approved December 20, 2023).
§ 9-3504.1. Notice. 1299
   If an employer rejects an Applicant or Employee for a job opening based in whole or in part on criminal record information, the employer shall notify the applicant in writing of such decision and its basis, and shall provide the Applicant or Employee with a copy of the criminal history report. The employer shall allow the Applicant or Employee ten (10) business days to provide evidence of the inaccuracy of the information or to provide an explanation.

 

Notes

1299
   Added, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016. Enrolled bill numbered this as Section 9-3504a; renumbered by Code editor. Amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021.
§ 9-3505. Exemptions.
   (1)   The prohibitions of this Chapter shall not apply if the inquiries or adverse actions prohibited herein are specifically authorized or mandated by any other applicable law or regulation. 1300
   (2)   The prohibitions of this Chapter shall not apply to a Criminal Justice Agency as defined herein.
   (3)   Nothing in this Chapter shall modify or waive the requirements and limitations on the use of criminal records in Pennsylvania pursuant to 18 Pa. C.S. § 9125, or the limitation on the effect of juvenile adjudications pursuant to 42 Pa. C.S. § 6354. 1301

 

Notes

1300
   Amended, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016.
1301
   Amended, Bill No. 180368 (approved June 20, 2018).
§ 9-3506. Enforcement. 1302
   (1)   The Philadelphia Commission on Human Relations (the "Commission") shall administer and enforce this Chapter. The Commission is authorized to issue regulations in furtherance of its administration and enforcement authority.
   (2)   Each violation of this Chapter shall constitute a "Class III" offense and any person who violates this Chapter shall be subject to a fine as set forth in subsection 1-109(3).
   (3)   Any person injured by a violation of this Chapter may report such violation to the Commission. In order to exercise the private right of action provided under Section 9-3508 of this Chapter, a person must first report the violation to the Commission within 300 calendar days of the unlawful act. In addition to the penalties authorized by subsection 9-3506(2), the Commission may issue an order directing an employer who has engaged in practices made unlawful by this Chapter to take affirmative action to redress the harms suffered by the complainant. The Commission may order remedies, including, but not limited to:
      (a)   An order requiring the respondent to cease and desist such unlawful practice;
      (b)   Any injunctive or other equitable relief;
      (c)   Payment of compensatory damages;
      (d)   Payment of punitive damages, not to exceed two thousand dollars ($2,000) per violation;
      (e)   Payment of reasonable attorneys' fees.

 

Notes

1302
   Amended, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016.
§ 9-3507. Fair Criminal Record Screening Advisory Committee.
   (1)   Establishment. The City Council hereby calls upon the Mayor to establish a nine (9) person committee entitled the "Fair Criminal Record Screening Advisory Committee", the purpose of which shall be to review the implementation and effectiveness of this Chapter and to make recommendations to the Mayor and City Council regarding this Chapter.
   (2)   Members. The Committee shall be composed of nine (9) members, (5) appointed by the Mayor and (4) appointed by City Council, provided that at least two appointees shall be people with criminal records, no more than four (4) appointees shall be members of the business community and at least one appointee must be appointed to represent the office of Inspector General and one appointee must be appointed to represent the Mayor's Office of Re-Integration Services ( R.I.S.E.). 1303
   (3)   Meetings. The Committee shall meet at least quarterly. All meetings shall be open to the public and will allow for public testimony on policies or conduct relating to this Chapter.

 

Notes

1303
   Amended, Bill No. 130769 (approved December 4, 2013).
§ 9-3508. Private Right of Action.  1304
   (1)   If within one (1) year after the filing of a complaint with the Commission, the Commission concludes that it has not found sufficient evidence of a violation to proceed further with an investigation, or has not entered into a conciliation agreement to which the complainant is a party, the Commission must notify the complainant that it is dismissing the case. On receipt of such a notice, if the complainant filed the complaint within 300 days of the unlawful act, the complainant may bring an action in a court of competent jurisdiction based on the right to fair criminal record or juvenile record screening standards granted by this Chapter. 1305
   (2)   An action under this Section shall be filed within two years after the date of notice from the Commission closing the case. Any action so filed shall be served on the Commission at the time the complaint is filed in court. The Commission shall notify the complainant of this requirement.
   (3)   The court may grant any relief it deems appropriate, including the right of the complainant to recover for each violation: 1306
      (a)   Compensatory damages;
      (b)   Liquidated damages, equal to the payment of the maximum allowable salary for the job subject to the complaint for a period of one month. Total liquidated damages shall not exceed five thousand dollars ($5,000); 1307
      (c)   Reasonable attorneys' fees;
      (d)   Court costs; and
      (e)   Such other relief, including injunctive relief, as the court may deem appropriate.
   (4)   Nothing in this Chapter limits the right of an injured person to recover damages under any other applicable law or legal theory.

 

Notes

1304
   Added, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016.
1305
   Amended, Bill No. 180368 (approved June 20, 2018).
1306
   Amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021.
1307
   Amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021.
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