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§ 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).
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