10-30-2025
A multitude of U.S. states and municipalities are enacting changes to employee protections when it comes to considering criminal history in hiring decisions (Forbes.com). Employers should not wait to prepare.
In Philadelphia, an amended ordinance in 2026 will require employers to limit looking back on misdemeanor convictions to four years. Expungements cannot be considered in hiring at all, even if made known to the employer. In addition, employers must give candidates with criminal histories the opportunity to respond to questions before making an adverse hiring action; candidates will have 10 business days to respond.
In Washington State, updates to the Fair Chance Act, will become effective in 2026-2027, requiring that employers wait until a conditional job offer is placed before background checks can be conducted on candidates. Further, adverse actions must be precluded by an individualized assessment, to which the candidate has two business days to respond.
California’s Labor Code remains unchanged. In that state, employers are prohibited from considering arrests that did not lead to conviction, nor can they take adverse hiring actions for charges still pending.
Employers should understand the current and impending laws and ordinances affecting their relevant territories. Begin to implement process updates now for smooth navigation of future changes.