Pennsylvania Denial of Employment Based on a Pre-Employment Background Check: Understanding the Law and Types Introduction: In Pennsylvania, employers are allowed to conduct pre-employment background checks on potential employees to gather information about their criminal history, credit history, and other relevant factors. However, the denial of employment based on these background checks is regulated by specific laws to ensure fair and non-discriminatory practices. This article will provide a detailed description of Pennsylvania's denial of employment based on a pre-employment background check, including the types of denials that may occur. Overview of the Law: Pennsylvania's denial of employment based on a pre-employment background check is governed primarily by the Pennsylvania Criminal History Record Information Act (CHRIS). This law establishes guidelines and regulations for employers when considering an applicant's criminal record during the hiring process. It aims to balance public safety concerns with the protection of applicants' rights and the prevention of unfair discrimination. Types of Denials: 1. Denial based on Criminal Convictions: Employers in Pennsylvania have the right to deny employment if an applicant has a certain type of criminal conviction that is deemed relevant to the job. The Pennsylvania Human Relations Act (PRA) identifies two categories of convictions that may be considered for employment denial: "Direct Relationship" and "Unreasonable Risk." The former refers to convictions directly related to the duties and responsibilities of the job, while the latter refers to convictions creating an unreasonable risk to other individuals or property. 2. Denial based on Arrest Records: Under Pennsylvania law, employers generally cannot deny employment solely based on an applicant's arrest records. They are encouraged to assess an individual's qualifications and suitability for the position based on job-related factors rather than arrest records alone. However, employers can consider pending charges resulting from an arrest during the hiring process. 3. Denial based on Non-Convictions: Employers are generally prohibited from denying employment based on non-convictions or expunged records. Non-convictions include dismissed charges, acquittals, or cases that did not result in a judgment of guilt. If an applicant's background check reveals non-convictions, employers should not make hiring decisions based on these records. 4. Denial based on Credit History: Pennsylvania law does not explicitly restrict employers from considering an applicant's credit history in their hiring decisions. However, the applicant's financial background should be directly related to the job requirements. Denial based on credit history may be permissible if the position involves financial responsibility, access to sensitive financial information, or handling company funds. 5. Denial based on Professional License Revocations: Certain professions in Pennsylvania require specific licenses or certifications. If an applicant's background check reveals a revoked or suspended professional license that is directly related to the job requirements, an employer may deny employment based on this information. Conclusion: Pennsylvania's denial of employment based on a pre-employment background check is a complex issue governed by the CHRIS and other relevant laws. Employers must carefully consider the specific circumstances and relevance of a candidate's background information when making hiring decisions. It is essential for employers to ensure that their hiring practices comply with these laws to avoid potential discrimination claims and maintain a fair and inclusive workplace.
Pennsylvania Denial of Employment Based on a Pre-Employment Background Check
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How to fill out Pennsylvania Denial Of Employment Based On A Pre-Employment Background Check?
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FAQ
What causes a red flag on a background check? There are plenty of reasons a person may not pass a background check, including criminal history, education discrepancies, poor credit history, damaged driving record, false employment history, and a failed drug test.
The most common search parameters in Pennsylvania background checks are the employee's full name, date of birth, Social Security number, current residence address, state, and email. Another necessary condition is their consent to conduct the background check.
§ 9121(b)(2).) Generally, an employer can inquire into any criminal background information. However, because Pennsylvania allows employers to only consider felony and misdemeanor convictions for hiring decisions, it is best to only inquire on an application or in an interview about felony or misdemeanor convictions.
Covered employers may only consider convictions within the last seven years from date of disposition or release from confinement whichever is later, and may not consider non-convictions regardless of when they occurred.
Summary offenses typically include minor convictions such as harassment, loitering, or disorderly conduct. Summary offenses are still considered criminal history, so they may show up on a Pennsylvania background check. Candidates should disclose these offenses if asked about criminal history on job applications.
Federal law does not prohibit employers from conducting background checks before an offer of employment is made. State laws, however, may have restrictions. Although in most states a standard background check can be conducted prior to an offer, a small number of states do not allow it.
The best time to run a background check during the hiring process is after a conditional job offer has been shared with a candidate, but before their employment is finalized. Some employers like to run checks on all applicants that go through the interview process.
I just recently went through this, and the background/drug tests didn't complete until almost right on top of the target start date. Most companies would advise prospective employees not to give notice until employment checks are complete (for potential liability issues I would imagine).
Generally, an employer can inquire into any criminal background information. However, because Pennsylvania allows employers to only consider felony and misdemeanor convictions for hiring decisions, it is best to only inquire on an application or in an interview about felony or misdemeanor convictions.
Covered employers may only consider convictions within the last seven years from date of disposition or release from confinement whichever is later, and may not consider non-convictions regardless of when they occurred.
