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Ban the Box Amendment

December 22, 2015

Mayor Nutter recently signed a bill amending Philadelphia’s Ban the Box Law.  This law first enacted in 2011 prevented all employers with more than 10 employees from asking about criminal convictions or obtaining a criminal background check prior to an applicant’s first interview.
 
In addition, the 2011 law prohibits any question on the employment application about any arrest which is not then pending and which did not result in a conviction or any prior convictions.
 
Under the 2015 amendment, employers may only conduct a criminal background check after an offer of employment has been made and the law now applies to businesses with even one employee.
 
In addition, the 2015 amendment requires employers to develop guidelines and criteria when deciding to withdraw an offer of employment and to provide written notice to the applicant that the offer of employment was withdrawn based on his or her criminal record, attaching a copy of the report.
 
For more information, contact David McComb at dfmccomb@zarwin.com.
 

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