Philadelphia Expands "Ban the Box" Protections: Key Amendments Taking Effect January 6, 2026

Philadelphia employers must prepare for significant changes to the city's background check laws.  

On October 8, 2025, the Mayor signed extensive amendments to the Fair Criminal Record Screening Standards Ordinance (FCRSSO), commonly known as the "Ban the Box" law. These changes, which go into effect on January 6, 2026, expand the ordinance's scope, impose stricter limitations on reportable criminal history, and introduce rigorous new adverse action procedures.

To help your organization remain compliant, we have outlined the most critical updates below.

Expanded Scope of Coverage

The amendments significantly broaden the definition of who is protected under the law. The updated ordinance explicitly applies to any "Private Employer" within the city's geographic boundaries, which means the definition now extends to the following parties:  

• independent contractors
• transportation network company drivers
• rideshare drivers
• other gig economy workers

This change helps the growing gig workforce receive the same fair-chance hiring protections as traditional employees.

Stricter Limits on Criminal History Inquiries

One of the most impactful changes is the reduction of the "lookback" period for certain offenses. Under the amended law, employers may not consider any of the following elements in an applicant’s criminal history:

• Misdemeanors older than 4 years: The lookback period for misdemeanor convictions has been reduced from seven years to four years.
• Felonies older than 7 years: The seven-year lookback period for felony convictions remains unchanged.
• Summary Offenses: Employers are now explicitly prohibited from considering summary offenses (minor infractions often punishable by a fine).
• Expunged or Exonerated Records: The amendments reinforce the ban on considering any records that have been expunged, sealed, or exonerated. Under the new law, employers must also give individuals an opportunity to submit evidence of sealing or expungement if such records appear on their background checks or motor vehicle reports.

Furthermore, employers are prohibited from intentionally inquiring into arrest-only records or asking candidates to disclose their criminal conviction history during the employment process, unless specifically required by state or federal law.

Enhanced Individualized Assessment Requirements

Employers must strictly adhere to an individualized assessment process before taking any adverse action. In other words, businesses cannot maintain a policy that automatically excludes candidates with criminal convictions.  

Instead, HR professionals must assess specific factors listed in the regulation to determine if a “reasonable person” would consider the candidate an unacceptable risk to the business, coworkers, or customers, given the job duties in question.  

Crucially, employers must also consider any evidence of rehabilitation or mitigating circumstances provided by the candidate. This evidence can include any of the following:

• Completion of mental health or substance use disorder treatment programs
• Job training programs or educational programs (including GED or secondary education)
• Community service or volunteer work
• Work history in a related field
• Certificate of Rehabilitation or similar documents

New Adverse Action Protocols

If an employer makes a preliminary decision to take "Adverse Action" based on a criminal record, they must follow a strict notification process.  

1. Pre-Adverse Action Notice: Companies must send a written notice that includes the specific basis for the decision and identifies the specific convictions considered.
2. Copy of the Record: Companies must provide a copy of the criminal history report used to make the decision.
3. Plain Language Summary of Rights: The notice must include a summary of the candidate's rights under the Philly FCRSSO.
4. Right to Respond: The notice must explicitly state that the employer will consider any evidence of error in the report, evidence of rehabilitation, and mitigating circumstances. It must also provide instructions on how the candidate can submit this evidence directly to the employer.
5. 10 Business Day Response Period: Employers must provide the candidate with at least 10 business days to submit evidence of inaccuracies or to provide an explanation of their convictions before making a final adverse action determination.

Employers are also prohibited from asking questions regarding a candidate's willingness to submit to a background check, although this information may be discussed if the candidate initiates the topic of conversation.

Expanded Definition of "Adverse Action"

The amendments broaden what constitutes an adverse action to include “excessive and unreasonable levels of supervision.”  

Employers cannot subject an employee to supervision that differs from how they would treat similarly situated employees, without individualized, reasonable justification based on the specific risks posed by the employee's criminal history.  

Stronger Anti-Retaliation Provisions

The amendments also include robust anti-retaliation protections, making it unlawful for an employer to take adverse action against an individual for exercising their rights under the ordinance.  

As amended, the law creates a “rebuttable presumption of unlawful retaliation” if an employer discharges, suspends, demotes, or takes other adverse action against a person within 90 days of when that individual asserts their rights under the new legislation.  

Employers can only overcome this presumption by showing, with a preponderance of the evidence, that the action was taken for just cause and would have occurred regardless of the individual's protected activity.

Next Steps for Employers

With the January 6, 2026 effective date approaching, Philadelphia employers should work with their legal counsel to review their hiring policies, audit their background screening workflows, and take the following key actions immediately:

• Update job advertisements and applications to remove impermissible criminal history inquiries
• Ensure all job postings include notice that individualized assessments will be conducted
• Revise pre-adverse action letter templates to comply with new notice and waiting period requirements
• Train recruiters, hiring managers, and screening personnel on compliant practices
• Review policies and procedures for possible "excessive and unreasonable supervision" provisions related to criminal history

Stay Compliant with DISA's Expertise

Navigating these complex regulatory changes can be challenging; DISA Global Solutions offers compliance consulting and background screening solutions tailored to help your organization adapt.  

Join DISA at the upcoming S3 Conference to learn directly from compliance experts about the industry’s best practices for maintaining a fair and legal hiring process. Sign up today to secure your spot and connect with industry leaders in workforce compliance.

Philadelphia FCRSSO 2026 Employer Checklist

• Update Job Postings: Remove prohibited inquiries and add required notice that individualized assessments will be conducted.
• Update Adverse Action Templates: Revise letters to include the 10-day response period and specific conviction details.
• Document Assessment Factors: Create a standard matrix or form for recording individualized assessments.
• Create Rehabilitation Workflow: Establish a process to review and file candidate-submitted evidence.
• Train Hiring Teams: Educate recruiters and managers on new interview limits and anti-retaliation rules.
• Review Supervision Policies: Ensure post-hire supervision isn't "excessive" based solely on criminal history.

Frequently Asked Questions

1. When do the new Philadelphia Ban the Box amendments take effect?

The amendments to the Fair Criminal Record Screening Standards Ordinance (FCRSSO) take effect January 6, 2026. Employers must update hiring processes, documentation, and adverse action procedures before that date.

2. Who is covered under the updated ordinance?

The ordinance now applies to all private employers within the city's geographic boundaries, including:

• Independent contractors
• Transportation network company drivers
• Rideshare workers
• Gig economy and platform-based workers

3. What criminal history can employers no longer consider?

Under the amended rules, employers may not consider the following:

• Misdemeanor convictions older than 4 years
• Felony convictions older than 7 years
• Any summary offenses
• Expunged, sealed, or exonerated records
• Arrest-only records

Employers must also give applicants a chance to submit documentation proving that a record was sealed or expunged if it appears on a report.

4. Can employers still ask about criminal history on job applications?

No. Employers cannot inquire into an applicant’s criminal conviction history during the application process unless required by federal or state law.

Employers are also prohibited from asking whether a candidate is willing to undergo a background check unless the candidate initiates the conversation.

5. What is now required during an individualized assessment?

Before taking any adverse action, employers must consider:

• The nature and gravity of the offense to see if it poses an unacceptable risk to the business
• Time elapsed since the conviction
• Job-related risks
• The applicant’s rehabilitation evidence (training, treatment programs, volunteer work, work history, Certificates of Rehabilitation)

Blanket exclusion policies are prohibited.

6. What are the new adverse action notice requirements?

If an employer intends to take adverse action based on a criminal record, they must provide:

1. A written pre-adverse action notice detailing the specific convictions considered
2. A copy of the background check report
3. A plain-language summary of the applicant’s rights under the FCRSSO
4. A 10-business-day window for the applicant to submit corrections, evidence of rehabilitation, or mitigating information.

No final decision can be made until the 10-day period ends.

7. How has the definition of “adverse action” expanded?

The ordinance now includes “excessive and unreasonable levels of supervision” as a form of adverse action.

Employers may not single out an employee with heightened oversight unless they can demonstrate a reasonable, job-related justification based on individualized assessment.

8. What new anti-retaliation protections were added?

If an employer disciplines or terminates someone within 90 days of asserting their rights under the ordinance, the law now presumes this action to be unlawful retaliation.

Employers must prove, by a preponderance of evidence, that disciplinary action would have occurred regardless of the complaint.