The City of Philadelphia recently amended its Fair Criminal Record Screening Standards Ordinance (FCRSS), commonly known as the city's “Ban the Box” law, to make it more difficult for employers to consider criminal history information in employment actions. The amendments, which were signed into law on Oct. 8, 2025, will go into effect on Jan. 6, 2026. Philadelphia is one of over 150 cities and counties, plus approximately 37 states and the District of Columbia, that have some form of “ban the box” or “fair chance” laws or ordinances.

The amendments make three critical changes to the FCRSS: (i) they further limit the convictions that employers may consider in hiring and other employment decisions, (ii) they expand the notices that candidates must receive concerning criminal background checks, and (iii) they add a strong antiretaliation provision.

Consideration of Misdemeanor and Summary Offenses Is Limited

Under the amendments, Philadelphia employers may only consider misdemeanor convictions from within the four-year period preceding the criminal background inquiry. Unless otherwise required by state or federal law, employers are barred from considering convictions for summary offenses (i.e. minor offenses that do not rise to the level of a misdemeanor or felony).

Employers also must refrain from considering conviction records that have been expunged or sealed, even if those records appear in a criminal background check, driving record or other source. If an expunged or sealed record appears on a driving record, the affected individual must be afforded an opportunity to present evidence of expungement or sealing.

Notices Concerning Background Checks Must Conform to New Requirements

The amendments require employers to notify applicants and employees of certain factors to be considered in evaluating criminal history records and the process for providing additional evidence concerning any convictions.

If an employer notifies applicants of its intention to perform a background check during the hiring process, including in job advertisements, it must also state that any consideration of the background check will be subject to an individualized assessment based on the applicant’s or employee’s specific record and the duties and requirements of the job in question. Employers may only exclude an applicant or employee if, based on the available information and consideration of the factors delineated in the FCRSS, a reasonable person would conclude that employing the applicant or employee would pose a specific unacceptable risk to the operation of the business or to coworkers or customers.

Once the background check is completed, if the employer intends to reject an applicant or employee based in whole or in part on their criminal record, the employer must provide the individual with written notice of the provisional decision, identify the specific conviction(s) considered, and provide a copy of the criminal record. Notices to affected applicants and employees must now also include a summary of the individual’s rights under the FCRSS, a statement that the employer will consider evidence of any error in the criminal history records and evidence of rehabilitation and mitigation if provided, including the types of evidence that may be offered, and instructions on how the applicant or employee can provide evidence or explanation directly to the employer. The employer must give the individual 10 business days to provide evidence of any inaccuracies or explanation of any record before it can make a final determination concerning employment.

The amendments specify the types of rehabilitation and mitigation efforts that the employer must consider, and of which it needs to notify the applicant or employee, including: completion of a mental health or substance use disorder treatment program; completion of a job training program; completion of a GED or post-secondary education program; community service; work history in a related field since the conviction or incarceration; and an active occupational, commercial driver or other necessary licensure for the job.

There Is a New, Rebuttable Presumption of Retaliation under the Amendments

The amendments include a strong antiretaliation provision prohibiting employers from retaliating against applicants and employees who exercise their rights under the FCRSS. They also introduce a rebuttable presumption of unlawful retaliation when an employer discharges, suspends, demotes or otherwise takes adverse action again an individual within 90 days of that person exercising their rights under the FCRSS. Employers may overcome this presumption by showing by a preponderance of the evidence that the action was taken for just cause and would have occurred regardless of the individual’s protected activity. Under the FCRSS, the Philadelphia Commission on Human Relations (PCHR) enforces the law, and complainants can file suit once they exhaust their administrative remedies.

What Employers Should Do to Comply

The amendments empower the PCHR, or another city department or office designated by the mayor, to issue regulations implementing and interpreting the new notice requirements and to create forms to be used to comply, including a form of required notice, summary of rights under the FCRSS, and a statement concerning evidence of error or rehabilitation. In the meantime, Philadelphia employers should evaluate their existing background check notices and forms to evaluate compliance with the amendments, as well as existing requirements under Pennsylvania law and the federal Fair Credit Reporting Act. Organizations also need to train their hiring managers to conduct the individualized assessment the FCRSS requires when considering any criminal convictions in employment decisions. Fox Rothschild will issue further information once the City releases any regulations or forms applying the amendments’ provisions.

If you have any questions regarding this alert, please contact Catherine T. Barbieri at 215-299-2839 or cbarbieri@foxrothschild.com, Kelly A. Quinn at 215-444-7179 or kquinn@foxrothschild.com, or another member of Fox Rothschild’s Labor and Employment Department.

This information is intended to inform firm clients and friends about legal developments, including the decisions of courts and administrative bodies. Nothing in this alert should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this alert without seeking the advice of legal counsel. Views expressed are those of the author(s) and not necessarily this law firm or its clients. Prior results do not guarantee a similar outcome.