Pittsburgh Ban The Box Guide: Fair Chance Hiring Essentials

Ban the Box legislation represents a significant shift in hiring practices aimed at giving individuals with criminal records a fair chance at employment. In Pittsburgh, Pennsylvania, this initiative has become an essential component of the hiring and onboarding landscape, requiring employers to adapt their recruitment processes to comply with local regulations. The law restricts when and how employers can inquire about criminal histories, effectively removing barriers that have historically prevented qualified candidates with past convictions from obtaining employment opportunities.

Pittsburgh’s approach to Ban the Box reflects a broader national movement toward fair chance hiring practices. For businesses operating in this jurisdiction, understanding these regulations is crucial not only for legal compliance but also for building diverse, inclusive workforces. Implementing compliant hiring procedures requires thoughtful consideration of when background checks can be conducted, how criminal history information can be used in employment decisions, and what documentation employers must maintain throughout the hiring process.

Understanding Pittsburgh’s Ban the Box Ordinance

Pittsburgh’s Ban the Box ordinance, officially known as the “Fair Chance Hiring Law,” was enacted in 2017 as part of the city’s efforts to reduce barriers to employment for individuals with criminal records. This ordinance applies to employers within the city limits and builds upon Pennsylvania’s statewide efforts to promote fair hiring practices. The legislation represents a critical element of legal compliance that Pittsburgh businesses must navigate during their hiring processes.

• Ordinance Coverage: Applies to employers with five or more employees doing business in the City of Pittsburgh.
• Implementation Date: The ordinance went into effect on January 1, 2018, giving employers time to adjust their hiring policies.
• Core Requirement: Prohibits employers from inquiring about criminal history on initial job applications or during preliminary interviews.
• Enforcement Authority: The Pittsburgh Commission on Human Relations oversees implementation and handles complaints regarding violations.
• Relationship to State Law: Works in conjunction with Pennsylvania’s broader criminal record consideration guidelines under the Criminal History Record Information Act.

The ordinance represents a significant shift from traditional hiring practices where criminal history questions appeared on initial applications. Implementing these changes requires careful HR risk management and thoughtful revision of existing recruitment procedures. Employers should ensure their entire hiring team understands these requirements to maintain consistent compliance across all recruiting efforts.

Key Provisions and Employer Requirements

Pittsburgh’s Ban the Box ordinance establishes specific guidelines that employers must follow throughout the hiring process. Understanding these provisions is essential for creating compliant onboarding processes and avoiding potential penalties. The ordinance carefully balances the rights of job applicants with the legitimate needs of employers to make informed hiring decisions.

• Application Modifications: Employers must remove any questions about criminal history from job applications, including online forms and paper documents.
• Timing Restrictions: Criminal background inquiries are only permitted after a conditional offer of employment has been made.
• Interview Limitations: Initial interviews cannot include questions about arrests, convictions, or other criminal history information.
• Individual Assessment: When considering criminal history after a conditional offer, employers must conduct an individualized assessment considering factors like the nature of the crime and its relevance to the position.
• Record Consideration: Employers must consider the time elapsed since the offense, evidence of rehabilitation, and the specific duties of the job when evaluating criminal records.

For many businesses, compliance with these provisions requires significant adjustments to established hiring practices. Employee scheduling software can help manage the complex timing of different hiring stages, ensuring background checks occur only after conditional offers have been extended. Additionally, proper team communication ensures all staff involved in hiring understand when criminal history information can be legally considered.

Exceptions and Exemptions to the Ordinance

While Pittsburgh’s Ban the Box ordinance applies broadly to employers in the city, certain exceptions and exemptions exist to accommodate specific situations where early criminal history screening may be necessary. Understanding these exceptions is crucial for employers in industries where specific legal requirements or security concerns necessitate early background checks. Proper implementation of these exemptions requires careful documentation practices to demonstrate compliance.

• Positions Working with Vulnerable Populations: Jobs involving direct contact with children, elderly, or other vulnerable groups may be exempt from certain restrictions.
• State or Federal Requirements: Positions subject to state or federal laws requiring criminal background checks prior to employment are exempt.
• Law Enforcement Positions: Jobs in law enforcement agencies typically fall outside the ordinance’s restrictions.
• Financial Institutions: Certain positions in banks and financial services may have exemptions based on federal regulations.
• Positions Requiring Security Clearance: Jobs requiring high-level security clearances may be permitted earlier background screening.

Employers in exempt industries should maintain thorough records explaining why their positions qualify for exemption. This documentation becomes particularly important in compliance with labor laws and may be requested during any investigation of hiring practices. Even when exemptions apply, employers should strive to implement fair hiring practices consistent with the spirit of the Ban the Box movement.

Conducting Legal Background Checks

Once a conditional offer of employment has been made, Pittsburgh employers may proceed with criminal background checks in accordance with the Ban the Box ordinance. This stage requires careful attention to both procedural compliance and fair evaluation of any findings. Implementing consistent background check protocols helps ensure all candidates receive equitable treatment while protecting the employer’s legitimate business interests.

• Timing Verification: Ensure background checks are only initiated after extending a conditional employment offer in writing.
• Candidate Notification: Inform candidates about upcoming background checks and obtain written consent as required by the Fair Credit Reporting Act (FCRA).
• Scope Limitations: Focus on convictions relevant to job duties rather than requesting comprehensive criminal histories.
• Look-Back Periods: Consider implementing reasonable time limitations for considering past convictions (e.g., 7-10 years for felonies).
• Consistent Application: Apply the same background check standards to all candidates for the same position to avoid discriminatory practices.

Many employers in retail, hospitality, and healthcare industries benefit from streamlining this process with software solutions that can help track where each candidate stands in the hiring pipeline. This technology ensures background checks are conducted at the appropriate time and helps maintain consistent evaluation standards across all applicants.

Evaluating Criminal History Information

When criminal history information is discovered during the background check process, Pittsburgh employers must conduct a careful, individualized assessment rather than implementing blanket exclusions. This evaluation should consider multiple factors to determine whether the criminal record is truly relevant to the specific position. Implementing standardized evaluation criteria helps ensure consistent, fair decision-making while reducing the risk of discrimination claims.

• Nature of the Offense: Consider how the specific criminal conduct relates to the essential functions and responsibilities of the position.
• Time Elapsed: Evaluate how long ago the conviction occurred and whether it represents current risk.
• Rehabilitation Evidence: Review evidence of rehabilitation such as education completed during incarceration, employment history since conviction, and character references.
• Severity and Frequency: Consider the severity of the offense and whether it represents a pattern of behavior or an isolated incident.
• Work Environment Factors: Assess workplace-specific considerations such as supervision levels, access to sensitive information, and interaction with vulnerable populations.

Employers should develop a standardized assessment form that documents consideration of these factors for each candidate with a criminal record. This documentation is valuable for demonstrating compliance with both the Ban the Box ordinance and federal non-discrimination policies. Training hiring managers to conduct these assessments consistently is an essential component of a compliant hiring process.

Adverse Action Procedures

If an employer decides not to hire a candidate based on criminal history information discovered during a background check, they must follow specific adverse action procedures. These procedures, required by both the Fair Credit Reporting Act and Pittsburgh’s Ban the Box ordinance, ensure candidates receive appropriate notification and an opportunity to respond. Implementing proper record-keeping requirements for these decisions is essential for demonstrating compliance.

• Pre-Adverse Action Notice: Provide written notification to the candidate that you’re considering adverse action based on the background check results.
• Copy of Report: Include a copy of the background check report and a summary of the candidate’s rights under the FCRA.
• Opportunity to Respond: Allow reasonable time (typically 5-10 business days) for the candidate to explain discrepancies or provide context for the information found.
• Individual Assessment Documentation: Maintain records showing how the specific criminal history relates to the position and business necessity.
• Final Adverse Action Notice: If proceeding with rejection, provide a final notice including contact information for the background check company and notification of the candidate’s right to dispute the information.

These procedures protect both the candidate’s rights and the employer’s legal position. Many companies find that integrating these steps into their employee onboarding systems helps ensure consistent compliance. Providing proper notification and maintaining thorough documentation demonstrates good faith efforts to comply with all relevant regulations.

Best Practices for Implementation

Successfully implementing Ban the Box requirements in Pittsburgh requires more than just removing questions from application forms. Companies should adopt comprehensive best practices that integrate fair chance hiring principles throughout their recruitment and employee scheduling processes. These practices help create consistent compliance while potentially expanding access to qualified candidates who might otherwise be overlooked.

• Application Review: Audit all job applications, including online forms, paper applications, and third-party recruitment platforms, to ensure criminal history questions have been removed.
• Staff Training: Provide comprehensive compliance training for hiring managers, recruiters, and interview teams about Ban the Box requirements and proper evaluation procedures.
• Hiring Process Documentation: Create clear written procedures outlining when and how criminal background checks will be conducted and evaluated.
• Standardized Assessment Forms: Develop standardized forms for conducting individualized assessments when criminal history is discovered.
• Regular Compliance Audits: Conduct periodic reviews of hiring practices to ensure ongoing compliance with the ordinance.

Implementing these best practices not only ensures legal compliance but also contributes to building a more diverse and inclusive workforce. Companies that embrace fair chance hiring often discover talented employees who demonstrate strong loyalty and commitment. Integrating these practices with employee engagement and shift work strategies can further strengthen workforce satisfaction and stability.

Business Benefits of Fair Chance Hiring

While compliance with Pittsburgh’s Ban the Box ordinance is mandatory, many employers discover significant business advantages from implementing fair chance hiring practices. These benefits extend beyond legal compliance to create tangible business value through workforce diversity, reduced turnover, and access to overlooked talent pools. Understanding these advantages can help companies embrace the spirit of the law rather than viewing it merely as a regulatory burden.

• Expanded Talent Pool: Access qualified candidates who might be screened out by traditional application processes despite having valuable skills and experience.
• Increased Loyalty and Retention: Studies show employees with criminal backgrounds often demonstrate higher loyalty and lower turnover due to appreciation for employment opportunities.
• Workforce Diversity: Contribute to building a more diverse workforce that better reflects the community and customer base.
• Tax Incentives: Potential eligibility for the Federal Work Opportunity Tax Credit (WOTC) when hiring individuals from certain target groups, including ex-offenders.
• Community Impact: Strengthen the local community by providing employment opportunities that reduce recidivism and support successful reintegration.

Many businesses find that implementing fair chance hiring aligns well with broader cultural fit considerations in their organizations. Rather than focusing narrowly on criminal history, companies can evaluate candidates holistically, considering their full range of qualifications, experiences, and potential contributions. This approach often leads to more successful hiring outcomes and stronger workplace communities.

Compliance Penalties and Enforcement

Understanding the enforcement mechanisms and potential penalties for violating Pittsburgh’s Ban the Box ordinance is essential for employers. The Pittsburgh Commission on Human Relations handles enforcement of the ordinance and investigates complaints from job applicants who believe their rights have been violated. Implementing proper employee training helps minimize the risk of unintentional violations that could lead to penalties.

• Complaint Process: Job applicants can file complaints with the Commission within 300 days of an alleged violation.
• Investigation Procedures: The Commission will investigate complaints and may request records, conduct interviews, or perform site visits to determine compliance.
• Financial Penalties: Violations can result in civil penalties, with fines typically ranging from $500 to $1,000 per violation.
• Remediation Requirements: Employers found in violation may be required to change hiring practices, provide specific remedies to affected applicants, or undergo mandatory training.
• Repeat Offender Consequences: Multiple or repeated violations may result in increased penalties and more stringent oversight.

Beyond the direct financial penalties, non-compliance can result in significant reputation damage and potential litigation costs. Implementing comprehensive compliance strategies with tools like shift marketplace solutions that include built-in compliance features can help companies avoid these costly consequences while building more inclusive hiring practices.

Integration with Broader Anti-Discrimination Laws

Pittsburgh’s Ban the Box ordinance operates within the broader context of federal, state, and local anti-discrimination laws. Employers must understand how these various legal frameworks interact to ensure comprehensive compliance in their hiring practices. This integration is particularly important because improper use of criminal history information can potentially violate multiple laws simultaneously, increasing legal exposure.

• EEOC Guidance: The Equal Employment Opportunity Commission provides guidance on how criminal background checks may have a disparate impact on protected groups under Title VII of the Civil Rights Act.
• Pennsylvania Human Relations Act: State law prohibits employment discrimination and provides additional protections that complement Ban the Box requirements.
• Fair Credit Reporting Act: Federal law establishing procedures employers must follow when obtaining and using background checks from consumer reporting agencies.
• Pittsburgh City Code: Local ordinances addressing various forms of discrimination in employment that work alongside Ban the Box provisions.
• Industry-Specific Regulations: Certain industries have additional requirements regarding employee background checks that must be balanced with Ban the Box compliance.

Employers should develop comprehensive hiring policies that address all applicable legal requirements in an integrated manner. Utilizing shift scheduling strategies that incorporate compliance considerations helps ensure all aspects of the hiring and onboarding process remain aligned with current regulations. Regular policy reviews are essential as this legal landscape continues to evolve.

Conclusion

Pittsburgh’s Ban the Box ordinance represents an important step toward creating more equitable hiring practices that give qualified individuals with criminal histories a fair chance at employment. For employers operating in Pittsburgh, compliance requires careful attention to when and how criminal history information is requested, evaluated, and used in hiring decisions. By implementing the best practices outlined in this guide, companies can meet their legal obligations while potentially discovering valuable talent that might otherwise be overlooked in traditional hiring processes.

The most successful implementation strategies go beyond technical compliance to embrace the underlying principles of fair chance hiring. This means developing standardized procedures for evaluating criminal history information, training all personnel involved in hiring decisions, maintaining thorough documentation, and regularly auditing processes to ensure ongoing compliance. By taking a comprehensive approach to Ban the Box requirements, Pittsburgh employers can build more diverse workforces while minimizing legal risk and contributing to community rehabilitation efforts. Ultimately, these practices align with the broader goals of creating inclusive workplaces where all qualified candidates have the opportunity to contribute their talents and skills.

FAQ

1. When exactly can Pittsburgh employers inquire about criminal history?

Under Pittsburgh’s Ban the Box ordinance, employers may only inquire about an applicant’s criminal history after extending a conditional offer of employment. This means all initial application forms must exclude criminal history questions, and preliminary interviews cannot include questions about arrests or convictions. Only after the employer has determined the candidate is qualified for the position and has extended a conditional job offer can they initiate a background check or directly ask about criminal history. This timing requirement ensures candidates are first evaluated based on their qualifications and skills rather than being automatically screened out due to past criminal records.

2. What specific factors should employers consider when evaluating criminal records?

When evaluating criminal records under Pittsburgh’s Ban the Box ordinance, employers should conduct an individualized assessment considering multiple factors: (1) The nature and gravity of the offense – how serious was the crime and what specific conduct was involved; (2) Time elapsed since the offense or completion of sentence – more recent offenses may be more relevant than those in the distant past; (3) The nature of the job sought – including job duties, level of supervision, and access to sensitive information or vulnerable populations; (4) Evidence of rehabilitation – such as education completed, steady employment history, community involvement, and character references; and (5) The specific job-relatedness of the conviction – whether the criminal conduct has a direct bearing on the applicant’s ability to perform essential job functions.

3. Are there any positions exempt from Pittsburgh’s Ban the Box requirements?

Yes, several categories of positions are exempt from Pittsburgh’s Ban the Box requirements: (1) Positions where federal or state law requires consideration of criminal history before the conditional offer stage; (2) Positions in law enforcement agencies; (3) Jobs working with vulnerable populations, such as children, the elderly, or individuals with disabilities, where specific screening is legally required; (4) Positions requiring security clearances; and (5) Certain positions in financial institutions subject to federal regulations. Even for exempt positions, employers should document the specific exemption that applies and ensure any early criminal history screening is limited to what’s specifically required by applicable laws or regulations rather than implementing unnecessarily broad inquiries.

4. What documentation should employers maintain to demonstrate Ban the Box compliance?

To demonstrate compliance with Pittsburgh’s Ban the Box ordinance, employers should maintain several types of documentation: (1) Copies of job applications and recruitment materials showing the absence of criminal history questions; (2) Written hiring procedures specifying when background checks occur in the hiring process; (3) Individualized assessment forms documenting the evaluation of criminal history information when discovered; (4) Records of pre-adverse action and final adverse action notices provided to candidates when criminal history affects hiring decisions; (5) Documentation explaining the business necessity and job-relatedness of any disqualifying criminal history; (6) Training records showing that hiring staff have been educated about Ban the Box requirements; and (7) For exempt positions, documentation explaining the specific exemption that applies and why early criminal history screening is legally permitted.

5. How does Pittsburgh’s Ban the Box ordinance interact with background check requirements?

Pittsburgh’s Ban the Box ordinance doesn’t prohibit background checks but regulates when and how they’re conducted in the hiring process. Employers must still comply with the federal Fair Credit Reporting Act (FCRA) when conducting background checks, including obtaining written authorization from candidates and following proper adverse action procedures. The key difference is timing – background checks can only be initiated after a conditional offer of employment has been extended. Additionally, employers must conduct individualized assessments of any criminal history discovered rather than applying blanket exclusions. Properly integrating Ban the Box requirements with FCRA compliance creates a comprehensive framework for fair and legal use of background checks in the hiring process.