Philadelphia’s Fair Criminal Record Screening Standards Ordinance (FCRSS) aims to protect job applicants and current employees, independent contractors, and gig workers by prohibiting employers from inquiring into a candidate’s criminal history until after a conditional employment decision has been made. Employers must make an individualized assessment of the relationship between the conviction and the particular position, based on six factors. If an applicant or current employee is rejected, the notification must be provided in writing, including the basis for the decision and a copy of the criminal history report. Specifically, the amendments include protection for current employees and applicants, reporting and consideration of employee pending criminal charges, extended coverage that protects gig workers and independent contractors, and liquidated damages instead of punitive damages. Amendments to Philadelphia’s credit screening ordinance include procedural requirements that now align with the Fair Credit Reporting Act (FCRA) and expanded restrictions for law enforcement and financial institutions.
