Second chances just became a little stronger in Philadelphia. On October 8, 2025, the Mayor signed new amendments to the city’s Fair Chance Hiring law, Philadelphia’s version of “Ban the Box,” that tighten requirements for employers and expand rights for applicants with criminal records.
TL;DR
Philadelphia has amended its Fair Chance Hiring Ordinance (Phila. Code § 9-3500 et seq.) to:
• Shorten the lookback period for misdemeanors from 7 to 4 years.
• Bar consideration of summary offenses entirely.
• Clarify notice and individualized assessment obligations for employers.
• Add stronger anti-retaliation protections and new remedies for violations.
This ordinance: Bill No. 250373-A (Certified Copy)
Related coverage: City Council press release
The law takes effect 90 days after the Mayor’s signature, in early January 2026.
A major update to a familiar law
Originally enacted in 2011 and updated several times since, Philadelphia’s Fair Chance Hiring law limits how and when employers may consider criminal history. The 2025 amendments, introduced by Councilmember Rue Landau and unanimously passed by City Council, represent the most comprehensive overhaul yet (press release).
The new ordinance explicitly covers independent contractors, gig-economy workers, and rideshare drivers, ensuring that “employment” includes contingent and temporary work. Employers who rely on third-party background-check services or even PennDOT driver records must now comply with the same standards when using any criminal-history information.
What’s new for employers
1. Shorter lookback period and offense limits.
Employers may now consider:
• Felony convictions only if the arrest or release occurred within 7 years, and
• Misdemeanors only if within 4 years, a reduction from 7 years.
They may not consider summary offenses at all.
2. Expanded individualized assessment requirements.
Employers must show that a specific conviction creates a specific risk related to the job. Decisions must account for rehabilitation evidence such as training, education, or licensure. Automatic exclusions are prohibited.
3. New notice obligations.
Before rejecting an applicant based on criminal history, employers must issue a written, plain-language notice explaining the convictions considered, include a copy of the background record, summarize the applicant’s rights, and provide ten business days to respond or correct errors.
4. Enhanced remedies and penalties.
The Philadelphia Commission on Human Relations can now order compensatory damages, civil penalties up to $2,000 per violation, attorneys’ fees, and liquidated damages equal to the other monetary damages awarded. Applicants also retain a private right of action after exhausting administrative remedies.
5. Presumed retaliation.
Any adverse action within 90 days after an employee exercises Fair Chance rights creates a rebuttable presumption of retaliation.
Practical takeaways for employers
✅ Audit your hiring process.
Remove any blanket exclusions and update background-check timing and consent forms to ensure inquiries occur only after a conditional offer.
✅ Revise rejection notices.
Develop compliant templates that meet the ordinance’s new content and timing requirements.
✅ Train HR and recruiters.
Anyone involved in hiring or re-employment decisions must understand individualized assessment obligations and retaliation protections.
✅ Coordinate with vendors.
Confirm that third-party screeners and driving-record checks align with the new standards and ignore sealed or expunged records.
✅ Prepare for enforcement.
The Commission has broader power to impose fines and award damages. Documentation of your assessment process will be essential.
Bottom line
Philadelphia’s message is clear: fair-chance hiring is not just good policy; it is now even more enforceable. Employers have until early 2026 to align their practices. Review your forms, retrain your teams, and be ready to show that every hiring decision truly reflects an individualized, job-related assessment.