Pennsylvania State Employment Laws
The state of Pennsylvania has restrictions on what can be reported in a background screening report beyond what the Fair Credit Reporting Act (FCRA) dictates.
| Restriction | Explanation |
|---|---|
| Information on report must be relevant to job | An employer may only consider felony and misdemeanor convictions to the extent that they relate to the suitability of employment. If a decision is made on a past conviction, the employer must inform the applicant. Pennsylvania also has a lesser category of offenses known as "summary offenses". This statute is silent on whether such offenses can be used by an employer. The preceding section, 18 Pa.C.S. § 9124, specifically addresses that summary offenses cannot be used to deny the granting of a license. This creates a legal issue of statutory construction and no court has construed this statute. A conservative reading suggests that an employer in Pennsylvania should not review summary offenses. See the statute here for more information. |
| Key Municipal Employment Restriction on Private Employers: Philadelphia | Employers within the city of Philadelphia are subject to restrictions in regard to the use of criminal records. Ordinance effective March 15, 2016, lowered the threshold to all employers with one or more employees, from the previous level which was having ten or less. Covered employers may only consider convictions within the last 7 years [from date of disposition or release from confinement whichever is later], and may not consider non-convictions |
| Key Municipal Employment Restriction on Private Employers: Philadelphia | In April 2018, the federal court in the case of the Chamber of Commerce v. City of Philadelphia, case no. 17-1548, ruled that the city could not ban employers asking about salary history, but employers were still banned from using it to offer a lower salary. Obviously, an employer knowing something that they cannot use is a dangerous situation. The case may be right on the law, but for practical purposes, an employer should not have this information to avoid litigation, but if your Philadelphia employer end-user wants the salary history, the CRA can supply it without the employer violating the law. Effective May 23, 2017, Philadelphia employers may not inquire about or require disclosure of a prospective employee's wage history. An employer is forbidden to rely upon the wage history of a prospective employee obtained from a current or former employer when determining the wages for the applicant in question. This rule is in effect at any stage of the employment process. See the statute here for more information. |
| Key Municipal Employment Restriction on Private Employers: Philadelphia | In Philadelphia as of July 1, 2017, it is generally unlawful for an employer to obtain or use credit information in connection with: hiring, discharge, tenure, promotion, discipline or conditions of employment. This is per Phil. Code §9-1102. See the statute here for more information. Notable Exceptions: Does not apply to: Law enforcement or financial institution employers; City of Philadelphia to obtain information on taxes and debts owed to the City; information must be acquired by law; federal or state; or if employee must be bonded. There are also Excluded job classifications including when: supervisory/managerial jobs that set the direction or policies of a business, division, unit, etc. of a business. [So more than a title of “Manager”.]; handling of money, collection, entering into contracts for employer but not pertaining to retail transactions; has access to financial information of employer, employees or customers; or has access to valuable and secret confidential and proprietary employer information. |
| Key Municipal Employment Restriction on Private Employers: Philadelphia | Employers in Pittsburgh have additional restrictions pursuant to Article XI Chapter 181.13 of the City Code. |
| Prohibits salary history inquiry during hiring process | State agencies are prohibited from inquiring about an applicant's past salary, per Executive Order 2018-18. |
