A recent court ruling by the U.S. Court of Appeals for the Third Circuit upheld Pennsylvania’s Criminal History Record Information Act (“CHRIA”), ultimately settling in favor of a Pennsylvania job applicant and providing additional clarity for how CHRIA applies in certain circumstances.
The basics of the case
When a Pennsylvania man applied for a truck driving position with Central Transport LLC, he was notified that the position would require a criminal background check. After learning this, the applicant willingly disclosed a 15-year-old armed robbery conviction with time served. Central Transport immediately denied him the role upon hearing this, stating that they were terminating the application process due to his conviction.
As a result, the applicant filed a suit against the company, alleging that it violated CHRIA by:
The United States District Court for the Eastern District of Pennsylvania argued, on behalf of Central Transport, that CHRIA didn’t apply in this situation because the finding didn’t come from state agency records, but from the candidate directly.
The court’s decision
In response to the District Court’s ruling, the U.S. Court of Appeals for the Third Circuit overruled this decision, confirming that CHRIA applies anytime an employer receives criminal history information about a job applicant, no matter how it is obtained, including instances where the applicant voluntarily discloses their criminal record.
The Third Circuit explained that CHRIA’s protections are concerned with the type of information received (i.e., criminal history), rather than its source.
An overview of CHRIA
Pennsylvania’s Criminal History Record Information Act has been in place since January 1980 and has been continuously codified and updated. Below is a quick recap of CHRIA’s application, enforcement, and key components to help you better understand how this piece of legislation played a role in the case against Central Transport.
CHRIA broadly applies to:
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Private and public employers in Pennsylvania making hiring decisions
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Any person or entity receiving criminal history record information, regardless of the source
CHRIA’s primary components include:
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Scope and definition: “Criminal history record information” is defined as information collected by criminal justice agencies about arrests, indictments, convictions, and dispositions.
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Limiting use of convictions in hiring decisions: Only felony or misdemeanor convictions that relate to the applicant’s aptness for the role can be considered when an entity makes hiring decisions.
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Notice requirement: If an employer’s hiring decision is based on criminal history record information, either entirely or partially, the employer must provide the applicant with written notice informing them that the information was used to make that decision.
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Protected class of applicants: An employer cannot make hiring decisions based on an arrest that did not lead to a conviction.
CHRIA is enforced in two ways:
Considerations for Pennsylvania employers
Employers in the Keystone State should be aware of state and local laws regulating how background information is handled, whether it’s obtained through the applicant’s direct admission or an official background screening process. It is the employer’s responsibility to determine whether they are bound by local Ban-the-Box or Fair Chance laws before inquiring about an applicant’s criminal history information. If criminal history information is found in a consumer report, employers will be subject to additional obligations under the FCRA.
This content is for informational purposes only and shall not constitute legal opinion or advice. Consult your legal counsel to ensure compliance.
