PennsylvaniaBackground Check Laws

Employers must remove all criminal history questions from applications and pre-offer materials and may not inquire until after a conditional offer. Employers may consider felony convictions only where the arrest or release occurred fewer than 7 years before the inquiry, may consider misdemeanor convictions only from the past 4 years, may not consider summary offenses at all, and may not consider expunged or sealed records. Coverage now reaches independent contractors, rideshare drivers, and other gig workers, and extends to current employees, not just applicants. Employers must conduct an individualized assessment, provide written notice with a copy of the report and a summary of rights, and allow 10 business days to respond before a final decision. Adverse action within 90 days of someone asserting their rights creates a rebuttable presumption of retaliation. The ordinance provides a private right of action.

Prohibits employers from procuring or using credit information about an applicant or employee in connection with hiring, discharge, tenure, promotion, discipline, or any other term or condition of employment. Credit information covers debt, creditworthiness, credit score or history, payment history, charged-off debts, bank account balances, bankruptcies, judgments, liens, and collections. The prohibition applies whether the check occurs before or after an offer. Law enforcement agencies and financial institutions were removed from the exemption list by later amendment and are now covered unless another exemption applies.

Prohibits employers from requiring job applicants to submit to pre-employment drug testing for marijuana as a condition of employment. Exceptions apply for law enforcement, safety-sensitive positions, health care roles, and positions where testing is required by federal or state law or a collective bargaining agreement.

Prohibits employers from asking about an applicant's wage history, requiring disclosure of wage history, conditioning employment or an interview on disclosure, or retaliating against an applicant who declines. Employers also may not rely on wage history to set pay unless the applicant knowingly and willingly disclosed it. Employers may still ask about salary expectations and use market data.

Pittsburgh treats status as a certified Pennsylvania medical marijuana patient as a protected class and bars employers from requiring pre-employment marijuana testing of applicants who hold a valid Pennsylvania medical marijuana card. It also bars suspicionless marijuana testing of certified patients during employment. The protection covers only patients enrolled in Pennsylvania's Medical Marijuana Program, not recreational users or patients certified in other states. Employers may still test for reasonable cause, such as suspected on-the-job impairment or after a workplace accident, and may act on a result above 10 nanograms of active THC per milliliter for patients working with permitted chemicals, high-voltage electricity, or public utilities. Testing remains permitted for positions subject to U.S. or Pennsylvania Department of Transportation drug testing rules, positions requiring the employee to carry a firearm, and positions covered by a collective bargaining agreement that specifically addresses pre-employment drug testing. Certain religious, fraternal, charitable, and sectarian organizations are outside the definition of employer.