02-11-2026
Central Transport, a trucking company, selected Rodney Plath for an interview to be a driver. He had a commercial driver’s license, relevant experience, and a federal clearance to access secure ports. After the company told Plath it would run a background check, Plath disclosed a fifteen-year-old armed robbery conviction for which he spent six years in prison. Central Transport responded that it would not hire Plath because of the conviction.
Plath sued Central Transport for violating a Pennsylvania ban-the-box law that limited an employer’s ability to use an applicant’s criminal history. The federal district court dismissed the lawsuit because the company learned of the conviction through Plath and not the state. The Third Circuit Court of Appeals reviewed the case.
Pennsylvania’s law limits the disclosure and use of “criminal history record information.” The statute defines that term as “[i]information collected by criminal justice agencies” about a person’s description, arrests, indictments, convictions, and the like. Prospective employers may ask state agencies for criminal history information.” Employers “in receipt of information” that is part of criminal history may use it, but “only to the extent to which they relate to the applicant’s suitability for the particular job.” Central Transport did not explain how Plath’s prior conviction impacted his suitability for the job, nor did it provide the statutorily required written notice about its decision not to hire Plath based on criminal history information. Consequently, the Third Circuit held that Central Transport’s decision not to hire Plath based on his criminal history violated Pennsylvania’s law.
Takeaways: Many jurisdictions have enacted ban-the-box laws. Employers should carefully review these statutes to ensure they fully comply with their jurisdiction’s requirements when considering potential applicants.