Update Applicable to:	Effective Date
All Private Employers and City Agencies Operating Within Philadelphia’s Geographic Boundaries, Regardless of Size	January 6, 2026

What happened?

On October 8, 2025, the Mayor signed Bill No. 250373-A into law, amending Chapter 9-3500 of The Philadelphia Code, known as the Fair Criminal Record Screening Standards Ordinance (FCRSSO) or “Ban the Box.”

Overview:

These changes strengthen applicant protections and impose new compliance obligations on employers, taking effect January 6, 2026.

What is Fair Chance Hiring? It isa set of employment practices designed to ensure that individuals with criminal records are given a fair opportunity to compete for jobs.

Summary of Changes: 

Expanded Coverage (§ 9-3502): The ordinance now applies to independent contractors, gig-economy workers, and rideshare drivers, ensuring that “employment” includes contingent and temporary work.

• Employers using third-party background checks or PennDOT driver records must comply with these standards.

1. Shorter Lookback Periods and Offense Limits (§ 9-3504)

• Felonies: May be considered only if arrest or release occurred within 7 years.
• Misdemeanors: Limited to 4 years (previously 7).
• Summary offenses: Cannot be considered.
• Expunged or sealed records: Prohibited from use.

2. Individualized Assessment (§ 9-3504): Employers must show a conviction poses a specific job-related risk. Automatic exclusions are banned. Assessments must consider:

• Nature and timing of the offense
• Job duties
• Evidence of rehabilitation (e.g., treatment programs, education, job training, licensure)

3. Notice Requirements (§ 9-3504.1): Before rejecting an applicant based on criminal history, employers must:

• Provide written notice of the provisional decision
• Specify convictions considered and include a copy of the record
• Summarize applicant rights
• Allow 10 business days for response or correction

4. Remedies and Penalties (§ 9-3506, § 9-3508): Violations may result in:

• Civil penalties up to $2,000 per violation
• Compensatory and liquidated damages
• Attorneys’ fees
  Applicants also retain a private right of action after exhausting administrative remedies.

5. Anti-Retaliation (§ 9-3511): Adverse action within 90 days of exercising Fair Chance rights creates a rebuttable presumption of retaliation.

Source References

• Philadelphia 250373-A – Amending Chapter 9-3500 of Title 9 of The Philadelphia Code, entitled “Fair Criminal Record Screening Standards,” to amend definitions, add clarifications, and enhance remedies, all under certain terms and conditions
• City Council – press release (September 19, 2025)

Resources

• Philadelphia – Fair Criminal Record Screening Standards Ordinance

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