“Ban the Box” Ordinance Goes Into Effect

Philadelphia, January 13, 2012 – The Fair Criminal Record Screening Standards Ordinance, known as ‘Ban the Box’ goes into effect today. The Ordinance prohibits employers from requiring job applicants to disclose their criminal backgrounds until after their first interview. In April, Mayor Michael A. Nutter signed this legislation during a ceremony with the National Association for the Advancement of Colored People (NAACP) President and CEO Benjamin Jealous. The Ordinance prohibits City agencies and private employers from knowingly inquiring about criminal background and arrests on the application for a position. Following an initial interview with the prospective employee, the employer may perform a background check.rnrn“We’re working every day to offer a level playing field to qualified individuals who have paid their debt to society,” said Mayor Nutter. “Everyone deserves an opportunity to work to provide for their families and should not be discriminated against before they even have a first interview. Offering jobs to ex-offenders improves the quality of life for all Philadelphians, and this Ordinance is an important aspect of our overall job and public safety strategy.”rnrnThe key provisions of the Ordinance include:rn• Questions regarding criminal history may not appear on job applications.rn• Employers may not ask job applicants during the initial interview or current employees about arrests or criminal accusations where there has not been a conviction.rn• Employers may not ask an applicant about his or her criminal history during the initial interview.rn• Employers may ask about an applicant’s convictions after the first interview.rn• If necessary and appropriate, a criminal record check may be conducted after the employer has determined that the candidate is otherwise qualified for the position.rn• The law provides that each violation of the Ordinance is a “Class III” offense and subject to a fine of up to $2,000.rn• The Ordinance is applicable to businesses with 10 or more employees, but exempts Criminal Justice Agencies such as prisons and police departments.rnrnRue Landau, Executive Director of the Philadelphia Commission on Human Relations, which is charged with enforcing the Ordinance, said, “We want to partner with businesses and employers so they change their processes to fully comply with this ordinance. The ‘Ban the Box’ legislation is about ensuring that all quality job applicants have a chance to interview for a position without the fear of discrimination before they walk in the door.”rnrnThe Ordinance includes exemptions when employers are mandated by state or federal law to consider certain criminal histories of applicants. However, unless the state or federal law specifically requires that an inquiry be made on the employment application or during the first interview, employers must comply both with ‘Ban the Box’ and the state or federal statutes. Additionally, all criminal justice agencies are exempted from this statute.rnrnMichael Resnick, Director of Public Safety, said, “The Mayor’s Office of Reintegration Services for Ex-offenders (RISE) and its non-profit partners are working hard to prepare the formerly incarcerated for the work force through job training, community responsibility classes, resume development, GED preparation and other skills development opportunities. With ‘Ban the Box’ now in effect, formerly incarcerated individuals have a real opportunity to compete for a job and impress a prospective employer with their skills and qualifications, improving their employment opportunities.”