Background checks - Pennsylvania

Summary of differences between federal and state regulations

Arrest and conviction record inquiries

Applies to state agencies. Fair-Chance Hiring Policy.

Effective July 1, 2017, the policy prohibits inquiries about criminal history on initial employment applications for civil and non-civil service jobs.

Existing law already prohibited public and private employers from factoring convictions into hiring decisions beyond the “extent to which they relate to the applicant’s suitability for employment in the position for which he has applied.” Employers are also required to notify applicants in writing if they have been denied a job due to criminal history. 18 Pa. Cons. Stat. § 9125.

State

Contacts

Employer immunity from disclosure claims

None; however, Pennsylvania Senator Patricia Vance introduced Senate Bill 69, which was signed into law on June 15, 2005, and added Pennsylvania Statute 42 Section 8340.1.

Arrest record inquiries

Pennsylvania Human Relations Commission

Conviction record inquiries

Pennsylvania Human Relations Commission

Pennsylvania State Police

Regulations

Employer immunity from disclosure claims

Pennsylvania Statute Title 42 Section 8340.1, Employer immunity from liability for disclosure of information regarding former or current employees.

Arrest record inquiries

None.

Conviction record inquiries

Pennsylvania Statute Title 18 Section 9125, Use of records for employment

Federal

Contacts

Employer immunity from disclosure claims

None.

Arrest record inquiries

Equal Employment Opportunity Commission (EEOC)

Conviction record inquiries

Equal Employment Opportunity Commission (EEOC)

Regulations

Employer immunity from disclosure claims

None.

Arrest record inquiries

None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.

Conviction record inquiries

None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.