Philadelphia's Updated Fair Chance Hiring Ordinance Tightens the Rules Employers Have to Follow in 2026
Published on August 9, 2026 · 3 min read
Philadelphia has rolled out another round of Fair Chance Hiring guidance, the city's name for its ban-the-box law, and the changes push employers further away from the old "ask early, screen fast" model. For people with records applying for jobs in the city, the practical effect is more steps an employer has to take before a background check can legally come into the conversation.
The Philadelphia Commission on Human Relations published the updated guidance in 2026, building on amendments the City Council passed in prior years. The 2026 update continues the pattern of clarifying what counts as a permissible inquiry, what counts as a permissible adverse action, and what the hearing process looks like for applicants who believe they were screened out illegally.
What employers can and cannot ask
The core rule in Philadelphia has long been that an employer cannot ask about criminal history on the initial job application or in the early stages of an interview. The question is allowed only after the employer has first made a conditional offer of employment, which the 2026 guidance spells out must be a real offer tied to a specific position, with specific terms, communicated in writing to the applicant.
The guidance also clarifies what counts as a permissible inquiry once the conditional offer is on the table. Employers can ask about convictions, but not about arrests that did not lead to a conviction, and not about expunged or sealed records. Pulling a sealed record from a third-party database and using it against an applicant is treated the same as having asked the question in the first place.
What the individualized assessment looks like
Once an employer has a conditional offer and learns about a conviction, the ordinance requires the employer to perform an individualized assessment before deciding not to hire. The 2026 guidance lists the factors the assessment has to consider, and they mirror the standards used by the federal Office of Personnel Management: the nature and gravity of the offense, how long ago it occurred, whether the offense is related to the job in question, and evidence of rehabilitation since the conviction.
Philadelphia's guidance adds a documentation requirement that did not exist as clearly in earlier versions. The employer must put the assessment in writing, must share it with the applicant if the applicant asks for it, and must keep the written record for at least the duration of any litigation that arises from the decision.
Notice requirements and the pre-adverse-action letter
Before an employer can reject an applicant based on criminal history, the ordinance requires a pre-adverse-action letter. The 2026 guidance spells out what the letter has to include: the specific records the employer relied on, a copy of the assessment the employer performed, and a clear statement that the applicant has a set period of time to respond. The employer also has to wait a set number of business days before issuing the final adverse action, giving the applicant a chance to dispute an incorrect record or to offer context that the employer did not initially have.
What this changes for people with records
For job applicants in Philadelphia, the updated rules narrow the set of situations in which an old conviction can be the reason for a rejection. The clearest improvement is for applicants whose records have been sealed or expunged under Pennsylvania's Clean Slate Act or under the older petition-based process. Sealed records cannot be used as a basis for an adverse employment action, and the updated guidance makes that explicit in the part that covers background check reports. The rules also help applicants with a documented record of rehabilitation, because the documentation requirement means that evidence is more likely to actually reach the decision-maker.
Where applicants can complain
The Philadelphia Commission on Human Relations runs the city's enforcement process. Applicants who believe an employer violated the ordinance can file a complaint with the Commission, which has authority to investigate, mediate, and impose penalties. The 2026 guidance updates the penalty schedule and clarifies that violations can include back pay, front pay, and other remedies that have been historically available under the city's human relations ordinance. The complaint process is free for the applicant and does not require a lawyer to file. The Commission can also pursue cases on its own initiative when it sees patterns of noncompliance.
What to watch next
Philadelphia has been one of the more aggressive cities in tightening its ban-the-box framework, and the 2026 update is consistent with that pattern. The remaining question is whether the documentation requirement produces assessments that are genuinely individualized, or falls back into boilerplate language.