UPenn Speaks: "Can You Ask Job Candidates About Their Criminal Records?"

Hiring officers, be aware: under a new Philadelphia law, you need to be very careful when it comes to asking job candidates about their criminal records.

The Fair Criminal Record Screening Standards Act, signed into law on April 13, prohibits Penn from asking criminal record questions during the employment application process and before the first interview. The new law goes into effect on July 12, 2011.

We’ve already modified Penn’s employment application to reflect this new law. It no longer asks applicants whether they’ve been convicted or pled guilty to a crime. Visit the Human Resources website at www.hr.upenn.edu/recruitment/recruitmentforms/upennapp.pdf to download the updated application.

It’s very important to remember that you must wait until after the first interview if you plan to ask candidates if they’ve ever been convicted of a crime.

Keep in mind this new law in no way eliminates background checks. Penn will continue to conduct background checks on the final, preferred candidates—a step that should be completed prior to you making the job offer. If the background check reveals that an applicant was convicted of a crime and may not be suitable for a particular job, Human Resources will notify and advise the hiring officer as necessary.