Bill 100543, the Fair Criminal Record Screening Standards bill was introduced by Councilwoman Donna Reed Miller on September 16, 2010, to assist in the successful reintegration of formerly incarcerated people back into the community by removing barriers to gainful employment after their release from prison.
The bill prohibits private employers (with 10 or more employees) from asking applicants about former convictions at the initial interview. The aim of the legislation is to try and get more qualified ex-offenders gainfully employed. The prohibition of such inquiries shall not apply if such inquiries are specifically required or permitted by any other law.
All criminal background checks must be conducted through the Pennsylvania State Police and not through criminal court records. If a prospective employer decides not to hire an otherwise qualified applicant based on a prior criminal record, the employer must provide the applicant with a photo copy of the criminal record information. The applicant shall then have an opportunity to rebut the accuracy of the criminal record report. Further, at the request of any applicant who has been denied a license or employment, the private employer must provide (within thirty days of a request) a written statement setting forth the reasons for such denial.
This bill would also call upon the Mayor to establish a nine person Fair Criminal Record Screening Advisory Committee to review the implementation and effectiveness of this bill, and to make recommendations to the Mayor and City Council. Four of the nine members shall be members of the business community.
After several meetings with the sponsor of the bill, the GPCC was able to have the public hearing scheduled for November 17th held for further discussion and information dissemination. It should also be noted that the GPCC has worked with the Administration on The Philadelphia Re-Entry Employment Program (PREP), and the Mayor’s Office of Reintegration Services for Ex-offenders (RISE) to address this issue.
Please let us know if you have any comments or questions relative to this bill. Thank you.
