New England Biz Law Update
The 3rd U.S. Circuit Court of Appeals has issued a decision interpreting Pennsylvania’s fair-chance hiring law, clarifying how employers must apply the state statute when considering criminal history in employment decisions.
The case involved an employer that declined to hire an applicant after considering criminal history the applicant voluntarily disclosed during the hiring process.
The dispute centered on whether the applicant’s voluntary disclosure allows an employer to bypass the procedural and timing restrictions imposed by the Pennsylvania Criminal History Record Information Act (CHRIA).
The court concluded that CHRIA’s protections are not waived by voluntary disclosure. Even when an applicant independently shares criminal history information, employers remain subject to the statute’s requirements governing when and how criminal records may be considered in employment decisions. The ruling makes clear that CHRIA regulates employer conduct and decision-making, regardless of how criminal history information comes to the employer’s attention.
Overall, the decision highlights that fair-chance and “ban-the-box” laws regulate employer conduct throughout the hiring process, not just during formal background-check stages. Compliance requires that criminal history be considered only at the stages permitted by law, and that employers engage in through job-related, individualized assessments supported by aligned application materials, interview protocols, background-check procedures, and consistent manager training.
