Philadelphia’s New Credit Information Rules for Employers

Philadelphia’s New Credit Information Rules for Employers

On June 7, 2016 Philadelphia Mayor Jim Kenny signed the “Fair Practices Ordinance: Protections against Unlawful Discrimination” bill into law. This bill amends Chapter 9-1100 of The Philadelphia Code and prohibits employers from using credit information such as history and score to make employment decisions in some circumstances. This new law has been implemented in order to prevent employers from unlawfully discriminating against employees and applicants on the basis of credit. As of July 7, 2016 not only will employers no longer be able to consider credit for non-managerial employment decisions but it will also be illegal for them to request permission from employees and candidates to view such information.

The following positions are exempt from this amendment:

  • Law Enforcement Agencies
  • The City of Philadelphia
  • Any position that State or Federal Law requires an employer to obtain credit information

Covered employers in Philadelphia may still consider credit scores for employment decisions if any of the following criteria are met:

  • The employee is responsible for proprietary information
  • The position involves financial responsibilities to either clients or the employer
  • It is a managerial or supervisor position
  • The position is at a financial institution

Additionally, if the employer does utilize credit information for employment decisions, they must give a written notice to the employee or applicant about the decision before taking any action, along with the credit information that was used in the process.