Philadelphia has “banned the box.” What does this mean? In a nutshell, employers in Philadelphia can no longer inquire about criminal convictions as part of the initial application process. The purpose of the new ordinance is to “give the individual with a criminal record an opportunity to be judged on his or her own merit during the submission of the application and at least until the completion of an interview.”
Ban the Box is nothing new – several municipalities across the United States have been looking into it. It’s a trend that wants to make sure individuals with criminal records are not discriminated against before they even get an interview. Typically, once an application is filled out and the prospective employee has completed an interview, then an employer can inquire about criminal records. The Ban the Box initiative feels that people with criminal convictions are less likely to repeat the behavior if they are gainfully employed.
Philadelphia’s new Ban the Box ordinance goes into effect on July 13, 2011 and every violation can have a fine of up to $2,000.
For Philadelphia employers, it will be illegal for them to:
- Make any inquiry about or require a person to disclose any criminal convictions during the application process, which begins when an applicant inquires about employment and ends when an employer has accepted an employment application.
- Make any inquiry about or require a person to disclose or reveal any criminal convictions before and during the first interview. However, if the applicant voluntarily discloses any information regarding a criminal conviction at the interview, the employer may discuss the criminal conviction.
- Make any inquiry about or require a person to disclose or reveal any arrest or criminal accusation, not then pending, which did not result in a conviction.
- Take any adverse action against a person on the basis of any arrest or criminal accusation, not then pending, which did not result in a conviction.
Employers in Philadelphia should review their job applications and interview process. They need to remove any questions on the job application which inquires about criminal convictions. They should also review new policies with their hiring managers and staff to ensure nothing inappropriate is asked during initial interviews. The good news for employers is that they can create a form which inquires about criminal convictions that they can give to an applicant after the first interview has been completed and before a second interview is extended, or even a job offer.
To see the complete ordinance, click here.
