Philadelphia Releases Initial Guidance On Fair Chance Hiring Amendments
Philadelphia employers have been waiting for clarity on the city's updated fair chance hiring rules. On April 28, 2026, the Philadelphia Commission on Human Relations finally released its first official guidance on the Fair Criminal Record Screening Standards Ordinance amendments. This article breaks down what the guidance says, what it doesn't say, and what employers should do now to stay compliant.
What Changed Under the New Ordinance?
The amended ordinance, signed by Mayor Cherelle Parker in October 2025, introduced stricter rules on how employers can use criminal records in hiring. Key changes include:
- New lookback periods: Felony convictions generally have a 7-year lookback, misdemeanors a 4-year lookback, and summary offenses cannot be considered at all.
- Individualized assessments: Employers must evaluate each applicant's record based on the job duties and requirements.
- Stronger anti-retaliation protections: If an employer takes adverse action within 90 days of an employee exercising their rights, retaliation may be presumed.
- Expanded notice requirements: Before making a final decision, employers must provide applicants with a notice of rights, the basis for the decision, and a 10-day response period.
What the Commission's April 28 Guidance Includes
The one-page document focuses on six key areas employers should prioritize:
1. Notice About Background Checks
Employers must clearly tell applicants that any criminal background check will include an individualized assessment based on the applicant's specific record and the job's duties.
2. Criminal Record Limitations
The guidance confirms the new lookback periods and reminds employers that summary offenses are off-limits entirely.
3. Individualized Decision-Making
Employers must provide enough information for the Commission to evaluate whether a criminal history poses an unacceptable risk for the specific role.
4. Rehabilitation Evidence
Before making a final decision, employers must consider evidence of rehabilitation, mitigation, or other relevant circumstances.
5. Anti-Retaliation Protections
The guidance highlights the strengthened protections, including the 90-day presumption of retaliation.
6. Expanded Adverse Action Notices
When considering adverse action, employers must provide a notice of rights, the reason for the decision, and instructions for responding within 10 business days.
What Employers Expected—But Didn't Get
Many employers hoped the Commission would publish model forms for applicant notices, rights summaries, and rehabilitation statements. Other cities like New York and San Francisco provide such templates. However, Philadelphia took a different approach, issuing an employer-facing summary instead of ready-to-use forms.
This means employers must create their own compliant materials using the ordinance and guidance. One common question is how to write a plain-language summary of applicant rights. Until the Commission publishes a model, employers should craft their own based on the law's requirements.
What Employers Should Do Now
Here are practical steps to align your hiring process with the amended ordinance:
- Review candidate communications: Check job ads, applications, conditional offer letters, and pre-adverse action notices to ensure they mention individualized assessments.
- Update lookback period calculations: Make sure your background check provider applies the correct 7-year (felony) and 4-year (misdemeanor) lookbacks, and excludes summary offenses.
- Document individualized assessments: Train hiring teams to evaluate each applicant's record against job-specific factors like the nature of the offense, time passed, and evidence of rehabilitation.
- Revise adverse action procedures: Ensure applicants receive all required notices, have a 10-business-day response window, and can submit evidence of error or rehabilitation.
- Monitor future guidance: The Commission may publish more resources, including model forms. Stay updated to avoid compliance gaps.
Final Thoughts
The April 28 guidance doesn't answer every question, but it gives employers a clear roadmap of the Commission's priorities. By focusing on candidate communications, individualized assessments, and proper adverse action procedures, Philadelphia employers can reduce risk and build a fairer hiring process.
For ongoing updates, check the Philadelphia Commission on Human Relations website and consult with legal counsel familiar with local fair chance hiring laws.
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