Pennsylvania — Hiring & Onboarding

Pennsylvania employers must report all newly hired and rehired employees to the Commonwealth Directory of New Hires within 20 days of the date of hire. The "date of hire" means the first day the employee performs services for remuneration. Employers must report employees who reside or work in Pennsylvania, including part-time, seasonal, and temporary employees. The reporting obligation applies even if the employee works only one day before separation. Reports are submitted to the Pennsylvania Department of Labor & Industry through the PA CareerLink system.

Source: 23 Pa. Cons. Stat. § 4392

Pennsylvania's Criminal History Record Information Act (CHRIA) imposes statewide limits on how employers may use an applicant's criminal history during hiring. Under 18 Pa. Cons. Stat. § 9125(a), whenever an employer is "in receipt of information which is part of an employment applicant's criminal history record information file," the employer may use that information for hiring decisions only in accordance with the statute's restrictions. The statute does not prohibit asking about criminal history; it restricts how the information may be used once obtained.

Suitability requirement

Felony and misdemeanor convictions may be considered only "to the extent to which they relate to the applicant's suitability for employment in the position for which he has applied." 18 Pa. Cons. Stat. § 9125(b). This is a job-relatedness standard: employers may not categorically reject applicants based on a conviction but must instead assess whether the particular conviction bears on the specific role. An employer that refuses to hire an applicant immediately upon learning of a conviction—without evaluating its relevance to the position—violates the statute.

Scope of coverage

Section 9125(a) applies when the employer is "in receipt of" criminal history information that is "part of" the applicant's criminal history record file, regardless of how the employer obtained the information. In Phath v. Central Transport, 2026 WL 404867 (3d Cir. Jan. 28, 2026), the Third Circuit held that CHRIA applies even when the applicant voluntarily discloses a conviction directly to the employer during the hiring process, rather than the employer obtaining it from a state repository. The court emphasized that "what matters in § 9125(a) is the type of information that the employer received, not its source." The statute does not require that the employer receive the information from the file itself or from a state agency; it is enough that the information disclosed (here, the conviction) is in fact part of the applicant's criminal history record file.

Written notice requirement

If the employer decides not to hire an applicant and that decision is "based in whole or in part on criminal history record information," the employer must notify the applicant in writing. 18 Pa. Cons. Stat. § 9125(c). Failure to provide this notice when criminal history was a factor in the rejection violates CHRIA.

Relationship to local ban-the-box ordinances

CHRIA's use restrictions operate independently of, and in addition to, any local ban-the-box ordinances. Philadelphia and Pittsburgh have enacted ordinances that restrict when an employer may ask about criminal history (generally delaying inquiry until after a first interview or conditional offer). CHRIA, by contrast, does not regulate the timing of questions but instead governs how the employer may use the information once received and mandates written notice of an adverse decision. Employers in Philadelphia and Pittsburgh must comply with both the local timing restrictions and the statewide suitability and notice obligations under § 9125.

Pennsylvania does not have a statewide ban-the-box law for private employers; only certain municipalities impose timing restrictions on criminal history inquiries.

Source: 18 Pa. Cons. Stat. § 9125 Source: Phath v. Central Transport, 2026 WL 404867 (3d Cir. Jan. 28, 2026)