There has been a surge in legislation across the U.S. with the goal of curtailing employer use of criminal records that bar employment opportunities for ex-offenders. Take for example the new EEOC guidance on the use of arrest and conviction records and the proliferation of “ban-the-box” laws.
With the enactment of the 2010 Massachusetts Criminal Offender Records Information (CORI) Reform bill, employers face a wave of changes in their use and access to criminal records.
City of Philadelphia Mayor Michael Nutter signed an ordinance that will prohibit employers from requiring job applicants to disclose their criminal backgrounds until after the first employment interview.
After a first interview, employers may perform a background check or request the disclosure of an applicant’s criminal record history.
The ordinance prohibits city agencies and private employers from knowingly inquiring about criminal backgrounds, including arrest records on the employment application. The ordinance is applicable to all employers with workforces of ten or more persons in the City of Philadelphia. As a result, this ordinance will require applicable employers to update their interview and screening process, including the employment application.