Nutter signs bill enhancing 'Ban the Box' law barring review of job applicants' criminal records

Philadelphia Mayor Michael Nutter signed an amended version of Philadelphia’s 2011 “Ban the Box” law that limits employers from inquiring about job applicants’ criminal backgrounds.

The amendment, sponsored by City Councilman Curtis Jones, includes several changes to the original law Nutter signed four years ago:

Employers can only conduct criminal background checks after conditional offers of employment, not after the first interview like in the original law.

It applies to all employers in the city — public and private — with one or more employees, as opposed to 10 workers in the original law

Employers can only look back on the last seven years of applicants’ records, excluding any periods of incarceration. Previously, employers could look back as far as they chose on a candidate's criminal record.

Employers must consider guidelines when determining whether to disqualify an applicant on the basis of his or her criminal record

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Employers must notify the applicant in writing if they are rejected and provide the applicant with a copy of the criminal history report. Applicants have 10 business days following the rejection to provide evidence of an inaccuracy on the report or to provide an explanation.

Applicants have 300 calendar days to file a complaint with the Philadelphia Commission on Human Relations.

"When it took effect in 2012, it was a cutting edge policy," Nutter said of Ban the Box, which is formally known as the Fair Criminal Screening Standards Ordinance. "But, we’ve learned that it can be more targeted. By expanding the original scope of the ordinance and putting in place checks that encourage employers to consider the whole person and the gravity of the offense, we can better support returning citizens and their transition back into the working world."

The amendments kick in 90 days after the date Nutter signed the legislation into law.

Ban the Box legislation is designed to help people with criminal records gain employment. Several states, counties and cities have passed different versions.

Nutter also signed an executive order that addresses background checks for city employment. It sets standards for conducting criminal background checks for employment with the city and for evaluating the results of those checks, and defines sensitive positions and barrier convictions. It also requires the city to compile and publish a list of sensitive positions and barrier convictions, and provides applicants with an opportunity to respond to background check results.

Source: Philadelphia Business Journal