Pennsylvania employers who are planning to hire new employees need to be aware of specific laws and compliance requirements around the pre-hire and onboarding process. It’s important for employers to ensure compliance at every step of the hiring process.
Background checks is a standard step of the hiring process. They help protect your workplace and ensure the quality of new hires. In Pennsylvania, employers are allowed to request a criminal background check of a candidate when conducting background checks in the pre-hire screening process. However, there are some rules to follow when doing so.
In general, Pennsylvania employers can consider an applicant’s criminal history if it affects the applicant’s suitability for the job role they are going to perform. Criminal history includes non-expunged felony and misdemeanor convictions.
To request a Pennsylvania background check, employers can obtain certain information about arrests and convictions that occurred within the past 3 years and about certain older, pending arrests and convictions.
Employers are required to notify the applicant in writing if the decision to not hire is based on the candidate’s criminal history record or part of their criminal history record.
It is notable that employers will have immunity from liability for any claims of misconduct of the individual they hire if:
Learn more about Pennsylvania Human Relations Act (PHRA) and the compliance requirements regarding Pennsylvania equal opportunity employment.
Employers in Philadelphia must adhere to their city-specific rules regarding criminal record screening in the hiring process. The Fair Criminal Record Screening Standards Ordinance, also known as “Ban the Box”, prohibits Philadelphia employers from inquiring about arrests and convictions of the applicant.
Like many other municipalities such as Chicago, Atlanta, Baltimore, and San Francisco, Philadelphia uses the “Ban the Box” with the intention of reducing discrimination in the hiring process.
The law applies to all employers located in Philadelphia with more than 10 employees. Under this law, employers are not allowed to inquire about convictions on the application or in the first interview, nor to make inquiries and any hiring decisions based on records of an arrest that did not result in a conviction.
Employers who are exempt from Philadelphia Fair Criminal Record Screening include:
According to federal law, employers are required to verify the identity and employment authorization of the individuals they intend to hire in the United States. There are two ways to verify employment eligibility.
Generally, all U.S. employers are required to complete Form I-9 for each individual they hire in the United States, applying to both citizens and non-citizens, to verify the identity and employment authorization of these individuals. This is a standard step in most companies’ hiring process.
The other way to verify employment authorization is E-Verify. In addition to the Form I-9, some employers may be required to enroll and participate in the federal work authorization program, often known as E-Verify to verify potential new hires’ work authorization status. Although it is not mandated in Pennsylvania, the following employers may have to use E-Verify as an additional form of employment authorization:
E-Verify uses information from Form I-9 to compare with records available to the Social Security Administration and the U.S. Department of Homeland Security. It requires more information than Form I-9 and thus is a generally more strict requirement.
Businesses that need help maintaining compliance around the pre-hire and onboarding process may want to consult with a Pennsylvania HR & Payroll Services Provider or may want to take the time to learn more about onboarding solutions. To learn more about how Paytime is helping countless businesses maintain compliance, contact us today.