Philadelphia Fair Chance Hiring: Can Employers Create Their Own Notice?

Philadelphia Fair Chance Hiring: What Employers Need to Know About Notice Requirements

Philadelphia's updated Fair Criminal Records Screening Standards Ordinance (FCRSSO) now requires employers to give applicants a written notice about their rights before making a final hiring decision based on criminal history. This change, effective January 6, 2026, aims to protect individuals with criminal records. A key question has emerged: must employers use a specific form from the Philadelphia Commission on Human Relations (PCHR), or can they create their own? The Commission recently offered insight, and the answer provides welcome flexibility for employers.

Understanding the New Notice Requirement

The amended ordinance requires employers to inform applicants of their rights before taking adverse action—like rescinding a job offer—due to a criminal record. However, the law did not specify which document to use. This left many employers unsure about compliance.

The PCHR published two relevant documents:

• A Fair Chance Hiring Intake Form for complainants
• A Notice: 2026 Amendments to Fair Chance Hiring Law summarizing employer obligations

Employers wondered if they had to use these specific forms. The Commission’s recent response clarifies this point.

The Commission’s Interpretation: Flexibility for Employers

According to the Commission, the ordinance does not require employers to use a Commission-issued notice. Instead, employers can develop their own notice, as long as it conveys the same information. The Commission stated that its published materials are meant to help employers comply and satisfy posting requirements, not to serve as mandatory applicant notices.

This means you can tailor your notice to fit your existing hiring workflows, but the substance must match the rights outlined in the law.

What Your Own Notice Must Include

If you create your own notice, it must clearly inform the applicant of their right to:

• Review the criminal history information you are considering
• Identify any inaccuracies in that information
• Submit evidence of rehabilitation or mitigating circumstances
• Respond before you make a final employment decision

Your notice should also include clear instructions on how and where to submit this information, and it must align with the ordinance’s required response period.

Practical Tips for Employers

• Review your templates: If you use standardized adverse action forms across multiple cities, update your Philadelphia-specific process to include this notice.
• Train your HR team: Ensure everyone involved in hiring understands the new requirement and the content of your notice.
• Document compliance: Keep records of the notices provided. In the absence of a prescribed form, the adequacy of your notice may be evaluated during enforcement or a complaint.

Why This Matters

This guidance reflects a broader trend in employment law: agencies define legal obligations, but employers retain discretion in how to implement them. For Philadelphia employers, this means you can integrate fair chance hiring notices into your existing systems—without needing a separate, government-issued form. However, flexibility does not mean reduced responsibility. Your notice must accurately communicate all rights under the amended ordinance.

By staying proactive and ensuring your notice is clear and complete, you can comply with the law while maintaining efficient hiring practices.