Philadelphia’s Updated ‘Ban the Box’ Requirements: Employers Get a New Checklist

Takeaways

• Employers now have an updated Philadelphia “Fair Criminal Record Screening Standards Ordinance (FCRSSO) Amendments” poster, released 04.28.26, to add to their fair chance related forms. 
• The Philadelphia Commission on Human Relations issued a new intake form on 06.12.26 identifying the new specific notification and other requirements under the FCRSSO Amendments.
• Employers should continue reviewing and updating their hiring, background check, adverse action processes, and employment practices to ensure compliance with the amended FCRSSO.

Related links

• Fair Criminal Records Screening Standards Ordinance - Notice
• Fair Chance Hiring Intake Form
• ‘Ban the Box’ Expands in Philadelphia: Latest Updates for Employers

Article

The Philadelphia Commission on Human Relations (PCHR) issued an updated poster regarding the 2026 Amendments to Philadelphia’s Fair Criminal Record Screening Standards Ordinance (FCRSSO) on April 28, 2026, that apparently tracks the amendments that went into effect on Jan. 6, 2026. However, the PCHR has yet to issue guidance clarifying the poster’s legal significance or practical effect, not to mention other guidance on implementation. Consequently, employers should be aware of the specific amendments the PCHR chose to highlight in the poster while simultaneously following the amendments’ plain language notification requirements.

FCRSSO Amendments: Key Requirements

Signed into law on Oct. 8, 2025, the FCRSSO introduced new restrictions on the use of criminal records, expanded procedural safeguards, and enhanced protections for applicants and employees with criminal histories.

Notice of background check: Employers may notify (but are not required to) prospective applicants, including in job advertisements, that they will conduct a criminal background check after any conditional offer of employment, promotion, or re-employment has been made. If they provide such notification, the notice must state that any consideration of the results of the background check will include an individualized assessment based on the specific criminal record at issue as well as the duties and job requirements of the specific position.

Lookback: Employers may consider only felony convictions that occurred within the preceding seven years. For misdemeanor convictions, employers may consider only convictions that occurred within four years of the conviction date or release from custody. Employers may not consider summary offenses.

Duties related to investigations: Employers must be prepared to provide the PCHR with “information sufficient for the investigative staff (‘reasonable person’) to determine whether the prospective applicant/employee would be an ‘unacceptable risk’ to the business.”

Consideration of rehabilitation: Employers must consider evidence supporting an applicant’s or employee’s rehabilitation.

Antiretaliation: If an employer takes an adverse employment action against an individual within 90 days of an individual exercising their rights under the FCRSSO, the investigating agency may presume retaliation. The employer may rebut that presumption with evidence of good faith, as determined by investigative staff.

Notification, opportunity to rebut background check report: Before making an adverse hiring or employment decision based on criminal record information, employers must provide the applicant or employee the following, in writing:

• Notice of the individual’s rights under the FCRSSO, with the amendments stating such notification should be in plain language;
• The basis for the decision, including a copy of the criminal history report and copies of the documents used to make the decision;
• A statement that the employer will consider evidence of errors in the criminal history report, as well as evidence of rehabilitation or mitigation;
• Clear and accurate instructions explaining how and where the applicant or employee may submit a response; and
• Notice that the applicant or employee has 10 business days to provide responsive information.

Client Intake Form

The PHRC’s client intake form provides a checklist, asking the individual whether they received a notice with the information found in the “Fair Criminal Records Screening Standards Ordinance (FCRSSO) Amendments” poster.

Consistent with the FCRSSO’s strong antiretaliation language, the intake form provides examples of retaliatory treatment or conduct:

• An applicant’s conditional offer was withdrawn, and the employer later told other companies that the applicant may be a “troublemaker” because of their criminal record;
• The employer refused to consider the applicant for other positions for which they were qualified;
• An employee applies for a promotion or lateral transfer, provides information relevant to an individualized assessment, and then is demoted, suspended, or subjected to excessive or unreasonable supervision; orAfter terminating an employee, the employer gives the employee a negative reference.

Essential Insights for Employer

Employers must be prepared:

• To keep abreast of state and local fair chance hiring developments as they remain important to maintaining an up-to-date and compliant posting and hiring process;
   
• Employers should periodically review and update their individualized assessment procedures and guidelines for considering criminal convictions; 
   
• Employers should review their adverse action process to ensure updated written notification language consistent with the FCRSSO’s amendments is included; 
   
• Employers should provide training consistent with PHRC’s antiretaliation protections for job candidates; 
   
• Employers should review related pre-hire materials, including job advertisements and posting, to determine whether updates are needed; and
   
• Employers should ensure that they maintain the up-to-date FCRSSO poster in a conspicuous location on the employer’s premises and on their website.

Jackson Lewis attorneys are available to answer your questions regarding these specific changes and compliance with Philadelphia and national background check procedural and substantive requirements, as well as to review policies and practices and provide training.