‘Ban the Box’ law goes into effect in Philadelphia

Philadelphia, PA

 Recently, ‘Ban the box’ — which prohibits companies in Philadelphia  from requiring job applicants to check the box in job applications that asks if you’ve ever been convicted of a crime — was officially put on the books. It was passed 13-4 in Council back in March 2011, although the law did not go into effect until 1/13/2012. Although the law prevents asking questions about ex-offender status during a first interview, such questions are allowed during a follow-up interview.

The law is intended to allow ex-offenders to get a ‘foot in the door’ before having to disclose negative personal information. Employers who contiue using the checkbox on initial job applications could face two-thousand dollar fines for each infraction.

The key provisions of the Ordinance include:
•    Questions regarding criminal history may not appear on job applications.
•    Employers may not ask job applicants during the initial interview or current employees about arrests or criminal accusations where there has not been a conviction.
•    Employers may not ask an applicant about his or her criminal history during the initial interview.
•    Employers may ask about an applicant’s convictions after the first interview.
•    If necessary and appropriate, a criminal record check may be conducted after the employer has determined that the candidate is otherwise qualified for the position.
•    The law provides that each violation of the Ordinance is a “Class III” offense and subject to a fine of up to $2,000.
•    The Ordinance is applicable to businesses with 10 or more employees, but exempts Criminal Justice Agencies such as prisons and police departments.

The U.S. Dept. of Labor this week also put forward an idea of $20 million in grants to help released prisoners find work.