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§ 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.
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