In October 2025, Philadelphia Mayor Cherelle Parker signed amendments to the FCRSSO, effective January 6, 2026. As enacted, the amendments authorized, but did not require, the Philadelphia Commission on Human Relations to create a form of required pre-adverse action notice, an updated summary of rights, and a statement concerning evidence of error or rehabilitation. The Commission has now published a document, titled, “Notice: 2026 amendments to Fair Chance Hiring Law,” but has not clarified how this document relates to these requirements.
Quick Hits
- The Philadelphia Commission on Human Relations published its “Notice: 2026 amendments to Fair Chance Hiring Law” regarding the FCRSSO, but has not yet clarified its significance.
- The notice follows amendments that went into effect on January 6, 2026, which narrowed the conviction records employers may consider, defined ambiguous terms, and confirmed that an individual must be allowed to respond with evidence of criminal record inaccuracy or provide an explanation before any final adverse decision.
- Because the FCRSSO applies to all criminal history information, overlaps with federal and state requirements when a consumer reporting agency is involved, and provides a private right of action, employers should consider that a summary of rights is only one element of a broader compliance review.
Summary of the 2026 Amendments
The amendments resolved long-standing ambiguities while imposing additional restrictions.
For instance, Philadelphia defined “felony,” “misdemeanor,” “summary offense,” and “incarceration”; expanded the definition of “adverse action”; and confirmed that job advertisements fall within the definition of “employment process,” meaning that any advertisement referencing a background check must disclose that an individualized assessment will occur. The amendments also established that an individual must be allowed to dispute or explain a criminal record before a final adverse decision.
Absent a contrary requirement of state or federal law, employers may not consider misdemeanor convictions more than four years old, measured from the later of the date of arrest or release from incarceration, and may not consider summary offenses. Employers must also disregard records known to be sealed or expunged. Before taking adverse action, employers must provide an employee or applicant with a summary of rights and an affirmative statement that they will consider evidence of error, rehabilitation, or mitigation, and they must furnish instructions for submitting that information. The amendments also require a defined response when an individual files a complaint and adds retaliation protections.
As before, employers must post a summary of the ordinance requirements in a conspicuous location both on the employer’s website and its premises.
Additional Considerations for Employers
The FCRSSO should be implemented in conjunction with other applicable state and federal laws. It is important to note that the FCRSSO requirements apply to all criminal history, irrespective of the source. Pennsylvania’s Criminal History Record Information Act limits employers to felony and misdemeanor convictions that relate to job suitability; the federal Fair Credit Reporting Act imposes its own disclosure, pre-adverse, and adverse action requirements when the information is obtained from a consumer reporting agency.
Providing an FCRSSO summary of rights satisfies only one component of these obligations. Because the amendments require that an opportunity to respond be provided before a final adverse decision, the sequencing and documentation of notices is now central to defending potential litigation. Absent further guidance from the Philadelphia Commission on Human Relations, employers should not assume the “Notice: 2026 amendments to Fair Chance Hiring Law” constitutes the required summary of rights. Ogletree Deakins has sought clarification from the Commission but has not yet received a response.
Next Steps
Employers with operations in Philadelphia should consider taking the following actions:
- Utilize the FCRSSO process for all criminal history information when used as a basis for an employment decision.
- Review job advertisements and application materials for impermissible criminal-history inquiry requirements and ensure any background check reference discloses the individualized assessment.
- Revise the scope of the search history to exclude misdemeanor convictions more than four years old and to disregard summary offenses.
- Confirm the notice sequence affords an employee or applicant an opportunity to respond before any final adverse decision, and document timing accordingly.
- Consider a broader, privileged assessment of screening practices across all jurisdictions where the company hires.
Philadelphia pre-adverse action letters, adverse action letters, and law summaries are available on the Ogletree Deakins Client Portal to Advanced– and Premium-level subscribers. For more information on the Client Portal or a Client Portal subscription, please contact clientportal@ogletree.com.
Ogletree Deakins’ Philadelphia office, Background Checks Practice Group, and Retail Industry Group will continue to monitor developments and will provide updates on the Background Checks, Retail, and Pennsylvania blogs as additional information becomes available.
Brandon R. Sher is a shareholder in Ogletree Deakins’ Philadelphia office and co-chair of the firm’s Retail Industry Group.
Jennifer L. Pacicco is an associate in Ogletree Deakins’ Philadelphia office.
Jake H. Weintraub, a law student currently participating in the summer associate program in the Philadelphia office of Ogletree Deakins, contributed to this article.
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