FAIR CRIMINAL RECORD SCREENING STANDARDS

Philadelphia Code tit. 9, ch. 9-3500

in effect

Philadelphia Code § 9-3501 Legislative Findings and Purpose.

§ 9-3501. Legislative Findings and Purpose. (1) The City Council of the City of Philadelphia finds that: (a) Persons with juvenile and criminal records suffer from pervasive discrimination in many areas of life – employment, housing, education, and eligibility for many forms of social benefits; and 1281 (b) As of 1999, more than 71 million people nationwide had criminal records and are reported to experience lifelong discrimination because of their past convictions, and Pennsylvania has a higher corrections population than all but eight states, resulting in large numbers of people whose backgrounds include past criminal convictions and/or imprisonment; and (c) It is estimated that approximately one-fifth of Philadelphia's population has some type of Criminal Record. (d) Nearly 3200 people are released from the Philadelphia Prison System annually and it holds an average daily population of 8500 people – each one released burdened by and shadowed with a criminal record of some type; and (e) The percentage of people of color convicted and incarcerated nationwide exceeds the percentage of their representation in the population as a whole, which disproportionately impacts their lives, families and communities; and (f) Criminal background checks, which often include juvenile records, by employers have increased at a record rate, with a vast majority of employers in the U.S. now screening their workers for criminal records; and 1282 (g) Formerly-incarcerated people represent a group of job-seekers, ready to contribute and add to the work force; and (h) Lack of employment is a significant cause of recidivism; people who are employed are significantly less likely to be re-arrested; and (i) Obstacles to employment for people with juvenile and criminal records and other barriers to re-entry are creating permanent members of an underclass that threatens the health of the community and undermines public safety. 1283 (j) This legislation concerns a sensitive and highly controversial subject, and should not be construed to require an employer to hire someone with a criminal record, nor to limit an employers ability to choose the most qualified and appropriate applicant for the employment opportunity at hand. (k) This legislation is intended to give the individual with a criminal record an opportunity to be judged on his or her own merit during the submission of the application and at least until the completion of one interview. (2) It is the intent and purpose of this Chapter: (a) to assist the successful reintegration of formerly-incarcerated people back into the community by removing barriers to gainful employment after their release from prison; (b) to enhance the health and security of the community by assisting people with criminal records to provide for their families and themselves; and (c) to ensure that, within the City of Philadelphia, just and fair measures are implemented and practiced when screening and identifying persons who may or may not have juvenile or criminal records; and 1284 (d) to ensure that, in accordance with Pennsylvania law, persons with juvenile records may be considered for employment based on their own merit and qualifications, and their juvenile records may not create barriers to employment. 1285 Notes 1281 | Amended, Bill No. 180368 (approved June 20, 2018). 1282 | Amended, Bill No. 180368 (approved June 20, 2018). 1283 | Amended, Bill No. 180368 (approved June 20, 2018). 1284 | Amended, Bill No. 180368 (approved June 20, 2018). 1285 | Added, Bill No. 180368 (approved June 20, 2018).

Philadelphia Code § 9-3502 Definitions.

§ 9-3502. Definitions. As used in this Chapter the following terms have the following meanings: (1) Applicant. Any person considered or who requests to be considered for employment by an employer. (2) City agency means the City, or any City department, agency, board or commission. (3) Conditional offer of employment means an offer by an employer to hire an applicant, which may be withdrawn only if the employer subsequently determines that the applicant (i) has a conviction that did not result in exoneration and which, based on an individualized assessment as required by subsection 9-3504(3), would reasonably lead an employer to conclude that the applicant would pose an unacceptable risk in the position applied for; or (ii) does not meet other legal or physical requirements of the job. 1287 (4) Conviction shall mean any disposition arising from a verdict or plea of guilty or nolo contendere, including a sentence of incarceration, a suspended sentence, a sentence of probation or a sentence of unconditional discharge. (4.1) Employee means any person employed or permitted to work at or for a Private Employer within the geographic boundaries of the City, including as an independent contractor, transportation network company driver, rideshare driver, or other gig economy worker. 1288 (5) Employment means any occupation, vocation, job, work for pay or employment, including temporary or seasonal work, contracted work, contingent work and work through the services of a temporary or other employment agency; or any form of vocational or educational training with or without pay. "Employment" shall not, for the purposes of this Chapter, include membership in any law enforcement agency, or domestic services in or about the private home in which the employer resides, as defined in the Pennsylvania Minimum Wage Act, 43 P.S. § 333.101, and its regulations at 34 Pa. Code § 231.1(b). (5.1) Employment Process means the process by which an employer assesses the suitability of an Applicant for prospective employment or consideration of any aspect of the Employee's re-employment or continued employment, including promotion, raise or termination. 1289 (5.2) Exoneration means the reversal or vacation of a conviction by pardon, acquittal, dismissal or other post-conviction re-examination of the case by a court or other authorized government official. 1290 (5.3) Felony shall mean any offense designated as such by 18 Pa. C.S. § 106(b)(1)-(5) or other applicable statute. (5.4) Misdemeanor shall mean any offense designated as such by 18 Pa. C.S. § 106(b)(6)-(9) or other applicable statute. (5.5) Summary offense shall mean any offense designated as such by 18 Pa. C.S. § 106(c) or other applicable statute. (5.6) Incarceration shall mean lawful confinement in a jail or prison, and not parole, home confinement, or residence at a treatment facility or residential program. (6) Inquiry means any direct or indirect conduct intended to gather information, using any mode of communication, including investigations into the applicant’s criminal history using public or government records or the internet, whether conducted by an employer or for an employer by a third party. (7) Criminal Justice Agency means any court, including the minor judiciary, with criminal jurisdiction or any other governmental agency, or subunit thereof, created by statute or by the State or Federal constitutions, specifically authorized to perform as its principal function the administration of criminal justice, and which allocates a substantial portion of its annual budget to such function; and agencies whose principal function relates to the administration of criminal justice, including but not limited to organized State and municipal police departments, local detention facilities, correctional facilities, probation agencies, district or prosecuting attorneys, parole boards, pardon boards, and public agencies that provide care, guidance and control to adjudicated delinquents. (8) License means any certificate, license, permit, authorization or grant of permission required by the City as a condition for the lawful practice of any occupation, employment, trade, vocation, business, or profession. "License" shall not, for the purposes of this Chapter, include any license, authorization or permit to own, possess, carry, or fire any explosive, pistol, handgun, rifle, shotgun, or other firearm. (8.1) Pending criminal charge means an existing accusation that a person has committed a crime, lodged through an indictment, information, complaint or other formal charge, where the accusation has not yet resulted in a final judgment, acquittal, conviction, plea, dismissal or withdrawal. 1291 (9) Private employer means any person, company, corporation, labor organization or association which employs any persons within the City of Philadelphia. It includes job placement and referral agencies, other employment agencies, and any third-party person or entity that facilitates the relationship of work for pay between two other parties, as full-time or part-time employees or as independent contractors. 1292 (10) Juvenile records means any records arising from the juvenile justice system, including records of arrests, petitions alleging delinquency, adjudications of delinquency, diversions, consent decrees, deferred adjudications, and records of decertified cases. 1293 (11) Job advertisement shall mean any solicitation, advertisement, or publication made, orally or in writing, to communicate with prospective Applicants about potential employment opportunities. (12) Adverse action shall mean any action that negatively affects an Applicant or Employee’s compensation, terms, or condition of current or future work or is intended to harass an Applicant or Employee in connection with work, including excessive and unreasonable levels of supervision, refusal to hire or promote, blacklisting, interferences with current employment or employment prospects, contacting law enforcement or a government agency to file a report, including reporting suspected or actual immigration status. (12.1) Excessive and unreasonable levels of supervision shall mean supervision of an Employee that is different from other similarly situated employees that is not justified by a reasonable, individualized assessment of the specific risks posed by an Employee’s criminal history or conduct. Notes 1286 | Amended, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016; amended, Bill No. 250373-A (approved October 8, 2025), effective January 6, 2026. 1287 | Amended, Bill No. 230571 (approved December 20, 2023). 1288 | Added, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021. 1289 | Added, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021. 1290 | Added, Bill No. 230571 (approved December 20, 2023). 1291 | Added, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021. 1292 | Amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021. 1293 | Added, Bill No. 180368 (approved June 20, 2018).

Philadelphia Code § 9-3503 Prohibition Against Unfair Discrimination Against Persons Previously Arrested for One or More Criminal Offenses.

§ 9-3503. Prohibition Against Unfair Discrimination Against Persons Previously Arrested for One or More Criminal Offenses. (1) In connection with the licensing or employment of any person, it shall be an unlawful discriminatory practice for a City agency or private employer to knowingly and intentionally make any inquiry about or to take any adverse action against any person on the basis of any arrest or criminal accusation made against such person, which is not then pending against that person and which did not result in a conviction. It shall further be an unlawful discriminatory practice for a City agency or private employer to require any person to disclose or reveal any arrest or criminal accusation made against such person which is not then pending against that person and which did not result in a conviction. (2) Nothing herein shall prevent an Employer from making an inquiry, or requiring an Employee to respond to an inquiry, about a Pending Criminal Charge, when the employer possesses reasonably reliable information to indicate a Pending Criminal Charge has been lodged against the Employee that relates to the particular duties of their job. Employers may require employees to report a Pending Criminal Charge, provided the Employer does so pursuant to a written policy detailing what offenses are reportable. An employer shall not take an adverse action against an Employee based on a Pending Criminal Charge unless the offense bears such relationship to the Employee's duties that the Employer may reasonably conclude that the Employee's continued Employment would present an unacceptable risk to the operation of the business or to co-workers or customers, and that exclusion of the Employee is compelled by business necessity. 1294 Notes 1294 | Added, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021.

Philadelphia Code § 9-3504 Prohibition Against Unfair Discrimination Against Persons Previously Convicted of One or More Criminal Offenses.

§ 9-3504. Prohibition Against Unfair Discrimination Against Persons Previously Convicted of One or More Criminal Offenses. (1) In connection with the licensing or employment of any person, it shall be an unlawful discriminatory practice for a City agency or private employer to make any inquiry regarding or to require any person to disclose or reveal any criminal convictions during the Employment Process, except as required by federal or state law. The inclusion of such inquiry on an employment application shall be unlawful, whether or not certain Applicants or Employees are told they need not answer the question. The inquiry prohibited by this Section shall include any question regarding the Applicant’s or Employee’s willingness to submit to a background check. When such inquiry is required by federal or state law, such inquiry shall be conducted only after a Conditional Offer of Employment has been extended to the Applicant or Employee. (a) If an Applicant or Employee voluntarily discloses information regarding his or her criminal convictions during the Employment Process, the employer may discuss the criminal conviction disclosed by the Applicant or Employee at that time. (b) An employer may give notice, to prospective Applicants or during the Employment Process, including in job advertisements, of its intent to conduct a criminal background check after any Conditional offer of employment, promotion or re-employment is made, provided that such notice shall be concise, accurate, made in good faith, and shall state that any consideration of the background check will be an individualized assessment based on the Applicant’s or Employee’s specific record and the duties and requirements of the specific job. (2) It shall be an unlawful discriminatory practice for a City agency or private employer to reject an Applicant or Employee based on a conviction that resulted in exoneration. 1296 (3) No employer shall maintain a policy of automatically excluding any Applicant or Employee with a criminal conviction from a job or class of jobs. A prospective employer shall not reject an Applicant or Employee based on the person’s criminal record, unless: such record includes conviction for an offense that did not later result in exoneration; the conviction bears such relationship to the Employment sought that the employer may reasonably conclude that the Applicant or Employee would present an unacceptable risk to the operation of the business or to co-workers or customers; and that exclusion of the Applicant or Employee is compelled by business necessity. An employer shall make a determination regarding such risk only after reviewing the Applicant’s or Employee’s specific criminal record and the particular job being sought, and conducting an individualized assessment of the risk presented. The Employer shall not exclude an Applicant or Employee unless, based on the available information and consideration of all of the assessment factors listed below, a reasonable person would conclude that employing the Applicant or Employee would pose a specific unacceptable risk to the operation of the business or to co-workers or customers, as independently determined by the factfinder. The individualized assessment shall include consideration of the following: 1297 (a) The nature of the offense; (b) The time that has passed since the offense; (c) The Applicant's or Employee's employment history before and after the offense and any period of incarceration; (d) The particular duties of the job being sought; (e) Any character or employment references provided by the Applicant or Employee; and (f) Any evidence of the Applicant’s or Employee’s rehabilitation since the conviction, which may include, but shall not be limited, to credible information showing: (.1) Completion of a mental health or substance use disorder treatment program; (.2) Completion of a job training program; (.3) Completion of a GED or post-secondary education program; (.4) Service to the community; (.5) Work history in a related field since the time of conviction or incarceration; (.6) Active occupational licensure, commercial driver licensure, or other licensure necessary to perform the specific duties of the job. (4) Unless otherwise required by state or federal law, a City agency or private employer may consider, for employment purposes: 1298 (a) an Applicant’s or Employee’s felony conviction record only to the extent that the conviction did not result in exoneration and the underlying arrest or the release from incarceration for such conviction, whichever is later, occurred fewer than seven (7) years from the date of the inquiry. (b) an Applicant’s or Employee’s misdemeanor conviction record only to the extent that the conviction did not result in exoneration and the underlying arrest or the release from incarceration for such conviction, whichever is later, occurred fewer than four (4) years from the date of the inquiry. (5) Unless otherwise required by state or federal law, a City agency or private employer shall not consider, for employment purposes, an Applicant’s or Employee’s summary offense conviction record. (6) A City agency or private employer shall not consider, for employment purposes, an Applicant’s or Employee’s conviction record that has been expunged, sealed, or otherwise cannot be used pursuant to this Chapter, whether such record appears on a criminal background check, a Driver Record issued by the Pennsylvania Department of Transportation, or any other source. (a) If an expunged or sealed criminal record appears on a Driver Record, the Employer shall allow the Applicant or Employee to provide evidence of expungement or sealing. Notes 1295 | Amended, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016; amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021; amended, Bill No. 250373-A (approved October 8, 2025), effective January 6, 2026. 1296 | Added, Bill No. 230571 (approved December 20, 2023). 1297 | Amended, Bill No. 230571 (approved December 20, 2023). 1298 | Amended, Bill No. 230571 (approved December 20, 2023).

Philadelphia Code § 9-3504.1 Notice.

§ 9-3504.1. Notice. (1) If an employer intends to reject an Applicant or Employee for a job opening based in whole or in part on criminal record information, the employer shall notify the applicant in writing of such provisional decision and its basis, including the specific convictions considered, and shall provide the Applicant or Employee with a copy of the criminal record used. The employer shall also provide the Applicant or Employee with a notice in plain language that shall include: (a) A summary of the Applicant’s or Employee’s rights under the Fair Criminal Record Screening Standards Ordinance. (b) A statement that the employer will consider evidence of any error in the criminal history records and evidence of rehabilitation and mitigation if provided by the Applicant or Employee, including a list of the types of evidence that may be offered, consistent with subsection 9-304(3)(f). (c) Instruction as to how the Applicant or Employee can exercise their right to provide evidence or explanation directly to the employer. (2) The Philadelphia Commission on Human Relations (the “Commission”), or such other City department or office as the Mayor may designate, is authorized to issue regulations implementing and interpreting this Section 9-3504.1 and to create forms to be used by employers under this Section 9-3504.1, including, but not limited to, a form of required notice, summary of rights under the Ordinance, and statement concerning evidence of error or rehabilitation. (3) The employer shall allow the Applicant or Employee ten (10) business days to provide evidence of the inaccuracy of the information or to provide an explanation before it may make a final determination concerning the Applicant’s or Employee’s employment. Notes 1299 | Added, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016. Enrolled bill numbered this as Section 9-3504a; renumbered by Code editor. Amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021; amended, Bill No. 250373-A (approved October 8, 2025), effective January 6, 2026.

Philadelphia Code § 9-3505 Exemptions.

§ 9-3505. Exemptions. (1) The prohibitions of this Chapter shall not apply if the inquiries or adverse actions prohibited herein are specifically authorized or mandated by any other applicable law or regulation. 1300 (2) The prohibitions of this Chapter shall not apply to a Criminal Justice Agency as defined herein. (3) Nothing in this Chapter shall modify or waive the requirements and limitations on the use of criminal records in Pennsylvania pursuant to 18 Pa. C.S. § 9125, or the limitation on the effect of juvenile adjudications pursuant to 42 Pa. C.S. § 6354. 1301 Notes 1300 | Amended, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016. 1301 | Amended, Bill No. 180368 (approved June 20, 2018).

Philadelphia Code § 9-3506 Enforcement.

§ 9-3506. Enforcement. (1) The Philadelphia Commission on Human Relations (the "Commission") shall administer and enforce this Chapter. The Commission is authorized to issue regulations in furtherance of its administration and enforcement authority. (2) Each violation of this Chapter shall constitute a "Class III" offense and any person who violates this Chapter shall be subject to a fine as set forth in subsection 1-109(3). (3) Any person injured by a violation of this Chapter may report such violation to the Commission. In order to exercise the private right of action provided under Section 9-3508 of this Chapter, a person must first report the violation to the Commission within 300 calendar days of the unlawful act. (4) When a complaint has been filed with the Commission reporting a violation of this Chapter by an Employer, that Employer must file with the Commission in its response to the complaint a statement containing the following information: (a) The specific criminal record on which the Employer based its decision to reject the Applicant or Employee; (b) The specific duties and requirements of the job being sought, which the Employer considered in its individualized assessment, that resulted in a decision to reject the Applicant or Employee due to their criminal record; (c) The time passed since arrest or incarceration relating to the specific conviction considered; and (d) The evidence of rehabilitation and mitigation that the Employer considered. (5) Where the Commission determines that a violation of this Chapter has occurred, in addition to the penalties authorized by subsection 9-3506(2), the Commission may issue an order directing an employer who has engaged in practices made unlawful by this Chapter to take affirmative action to redress the harms suffered by the complainant. The Commission may also order remedies, including, but not limited to: (a) An order requiring the respondent to cease and desist such unlawful practice; (b) Any injunctive or other equitable relief; (c) Payment of compensatory damages; (d) Payment of civil penalties, not to exceed two thousand dollars ($2,000) per violation, payable to the City; (e) Payment of reasonable attorneys’ fees; and (f) Liquidated damages in a separate amount equal to the other monetary damages determined to be owed to the Applicant or Employee by the Commission. Liquidated damages under this subsection are intended to make the Applicant or Employee whole and to compensate them for collateral harms suffered because of the violation and for the Applicant’s or Employee’s time and effort enforcing the rights afforded to the Applicant or Employee under this Chapter. Notes 1302 | Amended, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016; amended, Bill No. 250373-A (approved October 8, 2025), effective January 6, 2026.

Philadelphia Code § 9-3507 Fair Criminal Record Screening Advisory Committee.

§ 9-3507. Fair Criminal Record Screening Advisory Committee. (1) Establishment. The City Council hereby calls upon the Mayor to establish a nine (9) person committee entitled the "Fair Criminal Record Screening Advisory Committee", the purpose of which shall be to review the implementation and effectiveness of this Chapter and to make recommendations to the Mayor and City Council regarding this Chapter. (2) Members. The Committee shall be composed of nine (9) members, (5) appointed by the Mayor and (4) appointed by City Council, provided that at least two appointees shall be people with criminal records, no more than four (4) appointees shall be members of the business community and at least one appointee must be appointed to represent the office of Inspector General and one appointee must be appointed to represent the Mayor's Office of Re-Integration Services ( R.I.S.E.). 1303 (3) Meetings. The Committee shall meet at least quarterly. All meetings shall be open to the public and will allow for public testimony on policies or conduct relating to this Chapter. Notes 1303 | Amended, Bill No. 130769 (approved December 4, 2013).

Philadelphia Code § 9-3508 Private Right of Action.

§ 9-3508. Private Right of Action. (1) If within one (1) year after the filing of a complaint with the Commission, the Commission concludes that it has not found sufficient evidence of a violation to proceed further with an investigation, or has not entered into a conciliation agreement to which the complainant is a party, the Commission must notify the complainant that it is dismissing the case. On receipt of such a notice, if the complainant filed the complaint within 300 days of the unlawful act, the complainant may bring an action in a court of competent jurisdiction based on the right to fair criminal record or juvenile record screening standards granted by this Chapter. 1305 (2) An action under this Section shall be filed within two years after the date of notice from the Commission closing the case. Any action so filed shall be served on the Commission at the time the complaint is filed in court. The Commission shall notify the complainant of this requirement. (3) The court may grant any relief it deems appropriate, including the right of the complainant to recover for each violation: 1306 (a) Compensatory damages; (b) Liquidated damages, equal to the payment of the maximum allowable salary for the job subject to the complaint for a period of one month. Total liquidated damages shall not exceed five thousand dollars ($5,000); 1307 (c) Reasonable attorneys' fees; (d) Court costs; and (e) Such other relief, including injunctive relief, as the court may deem appropriate. (4) Nothing in this Chapter limits the right of an injured person to recover damages under any other applicable law or legal theory. Notes 1304 | Added, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016. 1305 | Amended, Bill No. 180368 (approved June 20, 2018). 1306 | Amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021. 1307 | Amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021.

Philadelphia Code § 9-3509 Posting Requirement.

§ 9-3509. Posting Requirement. Any employer subject to the terms of this Chapter shall post a summary of the Chapter requirements, in a form to be supplied by the Commission, in a conspicuous place on the employer's website and premises, where Applicants and Employees will be most likely to notice and read it. Notes 1308 | Added, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016; amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021.

Philadelphia Code § 9-3510 Prohibition on Consideration of Juvenile Records.

§ 9-3510. Prohibition on Consideration of Juvenile Records. (1) In connection with the employment or licensing of any person, it shall be an unlawful discriminatory practice for a City agency or private employer, at any stage in the Employment Process, to take any adverse action against such person on the basis of the person's juvenile record. (2) It shall further be an unlawful discriminatory practice for a City agency or private employer, in connection with the employment or licensing of any person, to require the person to disclose or reveal any item or information in the person's juvenile record. The inclusion of such inquiry on an employment application shall be unlawful, whether or not certain Applicants or Employees are told they need not answer the question. The inquiry prohibited by this Section 9-3510 shall include any question regarding the Applicant's or Employees's willingness to submit to a background check. (a) Voluntary disclosure of juvenile record information by an Applicant or Employee shall not modify or waive the prohibition in subsection 9-3510(1) on taking adverse action against a person on the basis of the person's juvenile record. Notes 1309 | Added, Bill No. 180368 (approved June 20, 2018); amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021.

Philadelphia Code § 9-3511 Retaliation Prohibited.

§ 9-3511. Retaliation Prohibited. (1) It shall be unlawful for an employer or any other person to interfere with, restrain, deny the exercise of, or the attempt to exercise, any right set forth in this Chapter, or to retaliate against an employee for exercising any rights protected by this Chapter. (a) There shall be a rebuttable presumption of unlawful retaliation under this Section whenever an employer discharges, suspends, demotes, or takes other adverse action against a person within 90 days of when that person engaged in the exercise of rights under this Chapter, including having utilized the provisions of this Chapter to provide information pertinent to an employer’s individualized assessment of the person’s criminal record, except that it shall not be deemed retaliation where an employer has acted in good faith to comply with this Chapter and: (.1) After receiving and considering additional information provided by the Applicant or Employee pursuant to Section 9-3504.1 of this Chapter, elects to move forward with the rejection of a job application; (.2) Terminates or otherwise takes adverse action against multiple Employees or Applicants based on legitimate business concerns that are not related to such person’s criminal record or conduct; or (.3) Exercises their rights under Section 9-3503(2) of this Chapter. (b) The employer or any person associated with the employer may overcome the presumption by showing by a preponderance of evidence that they took the adverse action for just cause and would have taken the adverse action notwithstanding the protected activity. (c) Unlawful retaliation shall include adverse actions taken prior, during, or after the termination of the worker’s relationship with the employer. (d) A causal connection between the protected activity and the adverse action may be established by indirect or direct evidence. (e) Unlawful retaliation can exist when the protected activity is one of several motivating factors for the adverse action. Notes 1309.1 | Added, Bill No. 250373-A (approved October 6, 2025), effective January 6, 2026.

Philadelphia Code § 9-3512 Severability.

§ 9-3512. Severability. If any provision of this Chapter or application thereof to any person or circumstance is judged invalid, the invalidity shall not affect other provisions or applications of the Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared severable. Notes 1309.2 | Added, Bill No. 250373-A (approved October 6, 2025), effective January 6, 2026.

Source: City of Philadelphia, The Philadelphia Code and Home Rule Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280104Fetched: 10/27/2026