Philadelphia Bans Credit Reports

Philadelphia Pennsylvania Mayor Jim Kenney signed the Fair Practices Ordnance on 07/07/2016 banning the use of a credit report in employment decisions. This also bans the information if being used for discharging, tenure, promotion or disciplinary reasons.

Bill Number 160072 is a bit different than other similar ordinances around the country. This ordinance affects all employers with at least one employee and still bans the request for the information whether or not it is pre or post offer.

Some exceptions to the ban are:

• The employee is required to be bonded under city, state or federal law

• The employee is expected to set policies of a business or is supervisory/managerial in nature

• The employee is responsible for significant financial transactions including the ability to make payments, transfer money, collect debts or sign contracts, but does not include handling money in a retail setting.

• The employee is expected to access financial information pertaining to customers, employees or the business

• The employee is expected to have access to confidential or proprietary information

It is highly suggested that employers that plan on using credit information in any way in their business practices contact their attorney to determine their legal status.

Employer’s Investigative Services is a nationwide provider of pre-employment background screening products including credit history, criminal history and occupational health services. They can be contacted via their website at www.eischecks.com or Toll Free at (866) 350-5638.