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Summary of differences between federal and state regulations
There is no one federal law that specifically addresses employment applications, although there are record retention guidelines under a variety of federal laws (see the Recordkeeping topic) and non-discrimination provisions for hiring in general (see the Discrimination topic).
Felony and misdemeanor convictions may be considered by the employer only to the extent to which they relate to the applicant's suitability for employment in the position applied for. The employer must notify the applicant in writing if the decision not to hire the applicant is based in whole or in part on criminal history record information. §9125
It is an unlawful discriminatory practice for an employer to use any form of application to elicit information concerning the race, color, religious creed, ancestry, age, sex, national origin, past handicap or disability or the use of a guide or support animal because of the blindness, deafness or physical handicap of any applicant for employment. Prior to an offer of employment, an employer may not inquire into an individual’s disability or the severity of any handicap, but an employer may inquire as to the individual's ability to perform the essential functions of the job. §955
State
Contact
Pennsylvania Department of Labor and Industry
Regulations
Pennsylvania Consolidated Statutes Title 18, Part II, Subchapter C, §9125
Pennsylvania Consolidated Statutes Title 43, §955
Federal
Contacts
None.
Regulations
None.