The Philadelphia City Council took significant steps Thursday to enhance protections for job applicants with criminal records, passing new legislation aimed at restricting when employers can deny employment based solely on a person’s criminal history.
This bill builds upon the city’s groundbreaking Fair Criminal Record Screening Standards law, commonly known as “Ban the Box,” which has been in effect for nearly 15 years. Philadelphia was one of the first cities in the nation to prohibit private employers from inquiring about an individual’s criminal history during the job application process.
Under the existing law, employers may conduct background checks only after making a job offer. Currently, employers can rescind an offer only if the background check reveals a relevant conviction or incarceration within the past seven years. The latest measure, sponsored by Councilmember Rue Landau, shortens this lookback period to four years for misdemeanor convictions and completely disallows consideration of summary offenses—minor crimes usually resulting in a citation and fine.
This update aligns Philadelphia’s policies more closely with state regulations. In cases where convictions have been expunged or sealed, potential employees will now have the opportunity to present proof of such status before a job offer is withdrawn.
The newly passed bill mandates that employers notify applicants about the existing laws when they retract an offer and outlines ways job seekers can contest the claims made against them. Additionally, the legislation incorporates an anti-retaliation provision to protect those who assert their rights under “Ban the Box.”
The statistics are revealing, with one in four Philadelphians—more than 300,000 individuals—carrying some form of criminal record, as noted by Landau’s office during the announcement.
“These individuals bear the burden of past mistakes that continue to affect their access to jobs, housing, and essential resources throughout Philadelphia,” Landau emphasized following the vote. “With this legislation, we aim to lessen that burden.”
Adele Williams, who works with Why Not Prosper, a Germantown-based organization assisting formerly incarcerated women, shared her insights on the negative impact of inconsistent job practices. She recounted how numerous individuals have been abruptly dismissed after their background checks were completed, often without explanations.
Landau and her team designed this legislation to close these loopholes, ensuring that previously incarcerated individuals receive fair opportunities for employment.
“Being jobless can sometimes lead individuals back to previous negative habits,” Williams, who has faced her own incarceration, stated. “We are eager to change our paths. We have paid our dues; we deserve the chance to prove that we have changed.”
The City Council unanimously approved the bill, reflecting a strong consensus around the need for reform. Council President Kenyatta Johnson shared a personal experience from his youth, recalling a judge’s decision to grant him probation rather than detention after a juvenile gun charge.
“I epitomize the value of supporting those who deserve a second chance,” Johnson declared. “Had that judge evaluated me differently, I wouldn’t be standing here today as City Council president.”
Before this initiative, Philadelphia’s Fair Criminal Record Screening Standards law had undergone various amendments, primarily aimed at bolstering protections for residents who have been incarcerated. Landau first proposed the revised legislation in April, and it has undergone multiple revisions through collaboration with stakeholders, including Community Legal Services and the Chamber of Commerce for Greater Philadelphia.
Nikki Pumphrey, the chamber’s vice president for talent and workforce, praised the bill, stating, “This legislation has evolved in ways that protect workers while still being practical for employers to implement. Achieving that balance transforms policy into actual outcomes.”
In an encouraging demonstration of success, Wash Cycle Laundry, a Center City-based business known for hiring individuals working to overcome barriers such as incarceration, homelessness, and other challenges, expressed confidence in the potential of hiring those with criminal records.
Gabriel Mandujano, the founder and CEO, remarked, “In my experience, criminal records have been largely irrelevant when it comes to job performance. We have not found evidence linking an individual’s record with their capability to excel in their roles.”
image source from:metrophiladelphia