Philadelphia Expands “Ban the Box” Protections for Job Applicants

Philadelphia has expanded its Ban the Box law, strengthening protections for job applicants and placing new limits on how employers and background check companies may use criminal history information.

For job seekers, this expansion is significant. For employers who fail to comply, it creates serious legal exposure.

What Is “Ban the Box”?

Philadelphia’s Fair Criminal Record Screening Standards Ordinance, commonly known as “Ban the Box,” is designed to prevent employers from disqualifying applicants based on criminal history before evaluating qualifications.

The law recognizes that early criminal history screening often leads to unfair and unlawful employment decisions — particularly when the information is outdated, inaccurate, sealed, or irrelevant to the job.

What Changed Under Philadelphia’s Expanded Law?

The recent amendments strengthen applicant protections in several important ways.

Criminal history questions are delayed until after a job offer

Employers may not ask about criminal history until after a conditional offer of employment is made. This includes questions on applications, during interviews, or through early background check authorizations.

If an employer asks about arrests or convictions before making a conditional offer, that conduct may violate Philadelphia law.

Employers must follow a formal notice and review process

Before rescinding a job offer based on criminal history, employers must provide written notice and give the applicant a meaningful opportunity to respond. This includes time to dispute inaccuracies or submit evidence of rehabilitation.

Skipping this step is a common and costly mistake.

Arrests without convictions are largely prohibited

Employers are generally barred from considering arrests that did not result in a conviction. Even convictions may be off-limits if they are old, unrelated to the position, or otherwise protected. For example, employers may not consider expunged records, sealed records or summary offenses.

Expanded coverage for applicants and workers

The ordinance applies broadly to employers operating in Philadelphia, including many companies with remote workers or regional hiring practices tied to the city.

Background Checks Must Still Comply With Federal Law

Philadelphia’s Ban the Box protections operate alongside the Fair Credit Reporting Act (FCRA) and other consumer protection laws.

Francis Mailman Soumilas, P.C. regularly sees violations involving:

• Background reports containing inaccurate criminal history
• Reporting of sealed or expunged records
• Failure to provide required pre-adverse and adverse action notices
• Employers relying on flawed third-party background checks
• Job offers rescinded without lawful justification

When these violations occur, the harm is real — lost employment, financial instability, and long-term career consequences.

Warning Signs Your Rights May Have Been Violated

You may have a claim if:

• You were asked about criminal history before receiving a job offer
• A background check reported sealed, expunged, or incorrect information
• A job offer was withdrawn without proper written notice
• You were denied employment based on an arrest that never led to a conviction
• An employer relied on an inaccurate or misleading background report

These cases often reflect systemic failures, not one-time errors.

Why These Protections Matter

Unlawful background screening practices disproportionately affect workers and consumers, preventing qualified applicants from securing employment based on information that should never have been considered.

Philadelphia’s expanded Ban the Box law reinforces a simple principle: employment decisions must be fair, lawful, and based on accurate information.

How Francis Mailman Soumilas PC Can Help

Francis Mailman Soumilas PC is a nationally recognized plaintiff-side consumer protection law firm. The firm represents individuals harmed by unlawful employment screening practices and background check violations.

Depending on the facts, affected applicants may be entitled to:

• Statutory damages
• Compensation for lost wages and economic harm
• Attorney’s fees and costs
• Court orders requiring companies to change unlawful practices

Holding employers and background check companies accountable not only helps individual clients — it helps prevent future violations.

Speak With a Consumer Protection Attorney

If you believe your rights were violated during the hiring process, do not assume you have no recourse.

Francis Mailman Soumilas PC can evaluate your situation and explain whether you may have a claim under Philadelphia’s Ban the Box ordinance, the Fair Credit Reporting Act, or other consumer protection laws.