Restriction Explanation
Information on report must be relevant to job An employer may only consider felony and misdemeanor convictions to the extent that they relate to suitability of employment. If a decision is made on a past conviction, the employer must inform the applicant. Pennsylvania also has a lesser category of offenses known as “summary offenses”. This statute is silent on whether such offences can be used by an employer. The preceding section, 18 Pa.C.S. § 9124, specifically addresses that summary offenses cannot be used to deny the granting of a license. This creates a legal issue of statutory construction and no court has construed this statute. A conservative reading suggests that an employer in Pennsylvania should not review summary offenses.
Key Municipal Employment Restriction on Private Employers Employers within the city of Philadelphia are subject to restrictions in regard to the use of criminal records. Ordinance effective March 15, 2016, lowered the threshold to all employers with one or more employees, from the previous level which was having ten or less. Covered employers may only consider convictions within the last 7 years [from date of disposition or release from confinement whichever is later], and may not consider non-convictions
Key Municipal Employment Restriction on Private Employers In April 2018, the federal court in the case of the Chamber of Commerce v. City of Philadelphia, case no. 17-1548, ruled that the city could not ban employers asking about salary history, but employers were still banned from using it to offer a lower salary. Obviously an employer knowing something that they cannot use is a dangerous situation. The case may be right on the law, but for practical purposes an employer should not have this information to avoid litigation, but if your Philadelphia employer end-user wants the salary history, the CRA can supply it without the employer violating the law. Effective May 23, 2017 Philadelphia employers may not inquire about or require disclosure of a prospective employee’s wage history. An employer is forbidden to rely upon the wage history of a prospective employee obtained from a current or former employer when determining the wages for the applicant in question. This rule is in effect at any stage of the employment process.
Key Municipal Employment Restriction on Private Employers In Philadelphia as of July 1, 2017, it is generally unlawful for an employer to obtain or use credit information in connection with: hiring, discharge, tenure, promotion, discipline or conditions of employment. This is per Phil. Code §9-1102.
Key Municipal Employment Restriction on Private Employers Employers in Pittsburgh have additional restrictions pursuant to Article XI Chapter 181.13 of the City Code.
Prohibits salary history inquiry during hiring process State agencies are prohibited from inquiring about an applicant’s past salary, per Executive Order 2018-18.