Pennsylvania Employment Screening Overview
Pennsylvania has no statewide ban-the-box law for private employers, but Philadelphia and Pittsburgh have local ordinances restricting criminal history inquiries, and employers statewide must ensure convictions are job-related before considering them.
Federal requirements and additional local ordinances may still apply.
What's Permitted
- Criminal history inquiries generally permitted statewide for private employers
- Credit checks allowed except in Philadelphia for most positions
- Drug testing permitted statewide; Philadelphia restricts pre-employment marijuana testing
- E-Verify mandatory for construction industry employers and public works contractors
What's Prohibited
- Inquiring about criminal history before conditional offer in Philadelphia
- Requesting salary history from job applicants in Philadelphia
- Conducting pre-employment marijuana testing for most positions in Philadelphia
- Failing to use E-Verify for construction industry employees statewide
Ban the Box Laws
Public Employers OnlyStatus Summary
Pennsylvania has no statewide ban-the-box for private employers; CHRIA limits use to job‑related convictions and requires notice (https://www.attorneygeneral.gov/wp-content/uploads... Philadelphia’s Fair Chance law (conditional offer; 7‑year felonies/4‑year misdemeanors) (https://www.phila.gov/media/20240215163238/REGULAT... Pittsburgh’s applies to City contractors (https://www.pittsburghpa.gov/files/assets/city/v/1... Clean Slate seals eligible records (https://www.attorneygeneral.gov/protect-yourself/c...
Key Requirements
Pennsylvania Criminal History Record Information Act (CHRIA)
State baseline rules for criminal-history use:
- No statewide ban-the-box timing requirement.
- Consider convictions only if job-related.
- Written notice required for rejections.
- Blanket exclusionary policies are prohibited.
- Attorney General enforces CHRIA.
Source: https://www.attorneygeneral.gov/wp-content/uploads... https://www.attorneygeneral.gov/protect-yourself/c...
Philadelphia Fair Criminal Record Screening Standards Law (Fair Chance Hiring)
Citywide private- and public-sector ban-the-box:
- No criminal-history questions on applications.
- Background checks after conditional offer only.
- Misdemeanor lookback four years.
- Felony lookback seven years.
- Individualized assessment required before rejection.
Source: https://www.phila.gov/documents/fair-chance-hiring... https://www.phila.gov/media/20240215163238/REGULAT...
Pittsburgh Ban the Box Ordinance
Applies to City contractors only:
- Applies only to City contractors.
- Delay conviction inquiries until qualified.
- Contractors must inform applicants' rights.
- Violations may cause contract debarment.
- Mayor's Office enforces complaints.
Source: https://www.pittsburghpa.gov/City-Government/Legal... https://www.pittsburghpa.gov/files/assets/city/v/1...
Pennsylvania Clean Slate Law
Automatic sealing of eligible records:
- Automatic sealing for eligible records.
- Sealed records treated as nonexistent.
- Employers must accept proof of sealing.
- Expands records employers cannot consider.
Source: https://www.attorneygeneral.gov/wp-content/uploads... https://www.attorneygeneral.gov/protect-yourself/c...
Federal: Fair Credit Reporting Act (FCRA) and Title VII
Federal screening and anti-discrimination rules:
- FCRA: prior written consent required.
- FCRA: pre-adverse and adverse notices.
- Title VII forbids disparate-impact exclusions.
- EEOC evaluates business necessity defenses.
Source: https://www.attorneygeneral.gov/protect-yourself/c... https://www.attorneygeneral.gov/wp-content/uploads...
Ban the Box Best Practices for Pennsylvania Employers
- Confirm local law applicability (Philadelphia, Pittsburgh, others)
- Delay criminal-history inquiries until jurisdiction-authorized stage
- Use individualized assessments; avoid categorical exclusions
- Honor lookbacks: misdemeanors 4 years, felonies 7 years
- Comply with FCRA; provide required pre-adverse notices
Salary History Ban
Local Ordinances OnlyPhiladelphia Wage Equity Ordinance
City law banning salary-history inquiries during hiring:
- Prohibits asking salary history at any stage.
- Covers all employers doing business in Philadelphia.
- No employer-size exemption.
- Allows market data; forbids individual history reliance.
- Enforcement by PCHR; damages and penalties.
Sources: https://www.phila.gov/media/20210423162135/Wage-eq... ; https://www.phila.gov/2020-02-06-federal-appeals-c... ; https://www.phila.gov/media/20200206104040/Third-D...
Lehigh County Human Relations Ordinance
County ordinance prohibiting salary-history inquiries:
- Prohibits asking applicants about salary history.
- Applies to all employers, no size exemption.
- Enforced by Lehigh County Human Relations Commission.
- 180-day complaint filing deadline.
Source: Lehigh County Human Relations Ordinance (effective June 1, 2024) — hyperlink not provided in supplied research.
Pittsburgh municipal ordinance
City restrictions for Pittsburgh government hiring:
- Prohibits salary-history inquiries by city agencies.
- Applies to city government positions only.
- Cannot rely on salary history for promotions.
- Private employers generally not covered.
Source: Pittsburgh ordinance referenced in research — hyperlink not provided in supplied research.
Pennsylvania State Agencies (Executive Order / policy)
State-government hiring restrictions and posting requirements:
- State agencies cannot request salary history.
- Job postings must disclose pay scale/range.
- Applies only to Commonwealth government positions.
- Screening vendors must follow agency rules.
Source: PA HR/compensation and agency guidance pages: https://www.pa.gov/agencies/hrmoa/programs/organiz... ; note: Executive Order 2018-03 referenced in research — hyperlink not provided.
House Bill 560 (Proposed, Feb 12, 2025)
Pending statewide pay-range disclosure proposal:
- Requires pay ranges for 15+ employee employers.
- Requires annual employee pay-range notice.
- Requires disclosure of pay-setting factors.
- Sixty-day implementation after enactment.
- Bill currently pending in committee.
Source: https://www.palegis.us/legislation/bills/text/HTM/...
Pennsylvania Equal Pay Law (Title 43 §336)
State pay-equity statute affecting compensation decisions:
- Prohibits sex-based wage discrimination.
- Allows bona fide defenses for pay differences.
- Requires retention of wage and pay records.
- Two-year statute-of-limitations for claims.
Source: https://www.dli.pa.gov/laws-regs/regulations/Pages...
Important Distinction
Philadelphia's Wage Equity Ordinance bars salary-history inquiries by any employer doing business in the city, without an employee-count exemption, and covers positions located in Philadelphia regardless of interview location. https://www.phila.gov/media/20210423162135/Wage-eq... https://www.phila.gov/2020-02-06-federal-appeals-c...
Salary History Best Practices for Pennsylvania Employers
- Implement uniform no salary history policy across jurisdictions
- Remove salary history fields from applications and hiring forms
- Instruct background check vendors to exclude compensation history
- Use market pay data and ask salary expectations instead
- Train HR and document pay decisions and compliance steps
Consumer Credit Checks
NoNo statewide prohibition; FCRA applies; PA Management Directive 515.15 governs state agencies; HB2207 was laid on the table April 17, 2024; Philadelphia’s §9‑1130 (amended Jan 2021, effective Feb 20, 2021; subsection (2)(a) reserved) restricts employer credit checks. https://www.pa.gov/content/dam/copapwp-pagov/en/oa... https://www.phila.gov/media/20210423160847/Fair-Ch...
Key Requirements
Fair Credit Reporting Act (15 U.S.C. §§ 1681–1681x)
Federal law governing employer consumer reports:
- Written disclosure and consent required.
- Pre-adverse notice before adverse action.
- Allow applicant five business days.
- Restricts certain older records under $75k.
- Civil liability for violations.
Sources: https://www.federalregister.gov/documents/2024/01/...
Pennsylvania Management Directive 515.15
State directive for executive-branch agencies only:
- Applies only to state agencies.
- Background checks must be job-related.
- Maintain non-selected candidates' records three years.
- Comply with federal and state law.
Source: https://www.pa.gov/content/dam/copapwp-pagov/en/oa...
Philadelphia Code § 9-1130
City ordinance restricting employer credit checks (amended 2021):
- Broad prohibition on employer credit use.
- Listed exceptions for specific job duties.
- Adverse-action notices plus FCRA procedures required.
- Enforcement via Philadelphia Commission on Human Relations.
- Amended; expanded coverage effective Feb 20, 2021.
Sources: https://www.phila.gov/media/20210423160847/Fair-Ch...
Credit Check Best Practices for Pennsylvania Employers
- Comply with FCRA: written disclosure and written consent.
- Follow FCRA adverse-action process; allow applicant response (about five days).
- For positions under $75,000, FCRA limits reporting certain older records.
- No statewide private‑employer ban; verify local ordinances before screening.
- Philadelphia: adhere to §9-1130 restrictions, exceptions, and 2021 amendments.
Marijuana Protection
Medicinal Marijuana
Employers may not discriminate solely based on certified medical-marijuana patient status (35 P.S. §10231.2103(b)); employers may still prohibit use/impairment at work and take action for positive tests in safety‑sensitive roles (see Palmiter v. Commonwealth Health Sys.).
Recreational Marijuana
Recreational marijuana is not legal in Pennsylvania and has no employment protections; Philadelphia forbids most pre-employment marijuana testing (Philadelphia Code §9-5500), with exceptions for federally required or defined safety‑sensitive positions.
Drug Testing Regulations
As of 2026, Pennsylvania has no comprehensive private‑sector drug‑testing statute; employers follow federal law and employment principles. Philadelphia bars most pre‑employment marijuana testing (safety‑sensitive/federally regulated exceptions). The Medical Marijuana Act protects certified patients' status but allows discipline for workplace impairment.
Permitted Testing Types
Pre-Employment
Allowed generally; Philadelphia prohibits most pre‑employment marijuana testing.
Random Testing
Permitted statewide; must comply with federal, anti‑discrimination, policy rules.
Reasonable Suspicion
Permitted if based on documented reasonable observations; follow procedures.
Post Accident
Permitted; conduct promptly; federal timeframes apply for certain roles.
Workers' Compensation Discount
Research identified no workers' compensation premium discount tied to employer drug‑testing legislation in Pennsylvania.
Employers should confirm with insurers or counsel; sources reviewed do not report statutory discounts.
Best Practices
- Follow federal testing rules for DOT and federal contractors
- Obey Philadelphia ban on most pre-employment marijuana tests
- Respect medical marijuana cardholder protections before adverse action
- Provide written notice, obtain consent, ensure confidentiality
- Confirm positives with confirmatory testing; allow retest
Clean Slate Laws
StatewidePennsylvania Clean Slate (18 Pa.C.S. Ch.91): Act 56 (June 28, 2018); Act 36 (Dec 14, 2023; automated sealing effective June 11, 2024). Misdemeanor waiting period 7 years; certain non‑violent drug felonies eligible; private employers barred from using records https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18...
E-Verify Requirements
Mandatory for Some Public ContractorsWho Must Use E-Verify
Private Employers [Act 75 (Construction Industry Employee Verification Act); 8 U.S.C. § 1324a (IRCA)]
Construction-industry private employers in Pennsylvania must use E‑Verify for all new hires under Act 75; other private employers are not statewide-mandated (Form I‑9 still required).
Act 75: https://www.pa.gov/agencies/dli/resources/complian...
Form I‑9 / federal baseline: https://www.justice.gov/crt/form-i-9-and-e-verify
Federal Contractors [Federal E‑Verify contracting requirements]
Employers on federal contracts must use E‑Verify when the contract obligates enrollment; federal E‑Verify and I‑9 timelines and clauses govern verification.
Federal E‑Verify / I‑9 guidance: https://www.justice.gov/crt/form-i-9-and-e-verify
Any other relevant groups [Act 141 (Public Works Employment Verification Act); MD 515.15 (Commonwealth hiring)]
Public-works contractors/subcontractors on projects >$25,000 must use E‑Verify under Act 141; Commonwealth agencies must E‑Verify all new hires per MD 515.15.
Act 141 / public works: https://www.pa.gov/agencies/dgs/submit-proposals-a...
Commonwealth hiring (MD 515.15): https://www.pa.gov/content/dam/copapwp-pagov/en/oa...
Background Check Regulations
Federal FCRA governs employment background checks. Pennsylvania and local ordinances (notably Philadelphia) layer additional limits—fair‑chance rules, record‑sealing, timing, disclosure and adverse‑action procedures—so employers must follow federal plus state/local law.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days