Philadelphia, Pennsylvania has amended its Fair Criminal Record Screening Standards Ordinance (FCRSSO) to, among other things, restrict lookback periods and offenses for employer eligibility determination, clarify the 10-business day adverse action timing, provide expanded notice and individualized assessment requirements, as well as to add an anti-retaliation clause.

Beginning January 6, 2026, Philadelphia employers’ consideration of misdemeanor convictions will be restricted to a four year lookback, instead of seven; and they will also be prohibited from considering all summary offenses, the lowest severity type of offense in Pennsylvania. The pre-adverse action notice will need to include an FCRSSO Summary of Rights; a statement that the employer will consider any evidence of rehabilitation; and provide instructions on how the candidate can provide rehabilitation information to the employer. Furthermore, if an employer chooses to provide notice of its intention to perform a background check, for example, in a job posting or when making an offer, it will need to state that any consideration of the background check will include an individualized assessment based on the nexus between the individual’s criminal history and the particular role. The amendments also add an anti-retaliation clause with a rebuttable presumption of unlawful retaliation whenever an employer takes any form of adverse action against an individual within 90 days of exercising their rights under the law.

Checkr Takeaway: In advance of the effective date in January, Philadelphia employers should review their hiring and engagement policies and procedures to ensure they comply with the FCRSSO as updated. They should make sure they are documenting the basis for their employment decisions to help defend against anti-retaliation claims. Additionally, they should confirm their Philadelphia candidates receive 10 business days between the pre- and post-adverse action to provide evidence of rehabilitation, and update their pre-adverse action notice if necessary. Checkr is monitoring the Philadelphia Commission on Human Relations for any further guidance on the amendments including for a sample FCRSSO Summary of Rights.