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Amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by prohibiting the unfair discrimination of individuals with criminal records past the initial application process and to establish provisions and requirements for the screening of criminal records by certain employers within the City of Philadelphia, all under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Chapter 9-3000 of The Philadelphia Code is hereby amended to read as follows:
CHAPTER 9-3000. FAIR CRIMINAL RECORD SCREENING STANDARDS.
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ยง9-3004. Prohibition Against Unfair discrimination against persons previously convicted of one or more criminal offenses.
[(1) In connection with the licensing or employment of any person, it shall be an unlawful discriminatory practice for a City or County agency or private employer to make any inquiry regarding criminal convictions. It shall further be an unlawful discriminatory practice for a City or County agency or private employer to require any person to disclose or reveal any criminal convictions made against such person.
(a) The prohibition of such inquiries or adverse action shall not apply if such inquiries or adverse action is specifically required or permitted by any other law.]
(1) No City or County agency or private employer shall conduct a criminal record check on an applicant for a license or employment or for a current employee or licensee unless a criminal record check is required by law or the employer has made a good faith determination that the relevant position is of such sensitivity that a criminal record report is warranted.
(2) The criminal record check shall be conducted through the Pennsylvania State Police or other private background check entities but not through criminal court records and may not review or make decisions based on arrests or charges that do not lead to convictions.
(3) Prio...
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