A federal court in Pennsylvania has allowed an employee to proceed with a wrongful discharge/invasion of privacy claim related to her discharge after a positive drug test result.Plaintiff, a 58-year old school bus driver, was terminated after taking a random drug test…
Posts by Category: Pennsylvania
Bethlehem, PA Waiting To Ask Job Seekers About Criminal Records
Come March 14, Bethlehem no longer will ask each job applicant up front about a criminal record.That information, however, will be divulged prior to hiring. By opting to wait, the city joins a national movement pushed by civil rights advocates to “ban the…
Philadelphia Criminal Background Checks Fair Chance Hiring Law Poster
On March 14, 2016, Philadelphia’s so-calledban the box law, the Philadelphia Fair Criminal Records Screening Ordinance, became effective. With it came the release of a mandatory new posterrestating the major elements of what is now called Philadelphia’s Fair Chance…
Philadelphia Expands Ban-the-Box Legislation
Amendments to Philadelphia’s “Ban the Box” legislation, the Fair Criminal Records Screening Standards, were signed into law by Mayor Michael Nutter on December 15, 2015. The amendments to Philadelphia’s ordinance, which take effect on March 14, 2016, expand the reach…
Lawsuits Grow Under “Old” Pennsylvania Background Check Law
A growing number of states and localities have enacted laws that restrict employers from considering certain types of criminal records in hiring and other personnel decisions. Though many of these laws are more recent, Pennsylvania’s Criminal History Record…
Terminating an Employee for Not Fully Disclosing His Criminal History in an Application for Employment Did Not Violate the Pennsylvania Criminal History Record Information Act
InMcCorkle v. Schenker Logistics, Inc., 2014 WL 5020598 (M.D. Pa. October 8, 2014), the court held that terminating an employee for not fully disclosing his criminal history, as requested in an employment application, did not violate the Pennsylvania Criminal History…