PA Labor & Employment Blog

Conducting Criminal Background Checks? What the Phath Decision Means for Employers

The Pennsylvania Third Circuit in Phath v. Central Transport clarified that the Criminal History Record Information Act (CHRIA) applies whenever an employer considers criminal history, even if the applicant volunteers the information. Employers must now evaluate any disclosed conviction for job relevance and provide written notice if the applicant is rejected based on that data. The ruling also ties CHRIA compliance to existing federal requirements such as the Fair Credit Reporting Act and to local fair‑chance statutes. As a result, Pennsylvania firms need uniform policies that address all sources of criminal history information.