A federal appellate decision from the 3rd U.S. Circuit Court of Appeals clarifies limits on employer defenses under fair-chance hiring laws. The court ruled that an applicant’s voluntary disclosure of criminal history does not allow employers to bypass procedural requirements under Pennsylvania’s Criminal History Record Information Act (CHRIA). Employers must still follow rules governing when and how criminal records are considered. The decision emphasizes that fair-chance or “ban-the-box” laws regulate employer conduct throughout the hiring process, requiring compliant timing and individualized assessments.
