Preemployment Screening and Testing: Pennsylvania

Federal law and guidance on this subject should be reviewed together with this section.

Author: Christin Choi, Fisher Phillips

Summary

• Pennsylvania has specific provisions governing the use of a job applicant's arrest and conviction records. See Criminal History.
• Applicants for employment in public and private schools, health care facilities and certain other occupations may be required to submit to federal and state criminal history checks and child abuse history clearance checks. See Mandatory Background Checks.
• Pennsylvania employers may not use tests that tend to screen out individuals with a handicap or disability unless they can show that the tests are job-related. See Physical Examinations.
• Although Pennsylvania has not adopted any law addressing the use of genetic information that differs from federal law, local ordinances may prohibit employers from screening applicants or employees on the basis of genetic information. See Genetic Testing.
• Pennsylvania law does not prohibit denying employment to an individual because he or she is currently in bankruptcy or has previously filed for bankruptcy protection, but Philadelphia does place credit check restrictions on employers. See Credit Checks.
• Pennsylvania bans employers from discriminating against job applicants or employees for being medical marijuana cardholders. See Medical Marijuana.
• Certain contractors and subcontractors on public works projects are subject to a mandatory E-Verify requirement.See E-Verify.
• Localities including Philadelphia and Pittsburgh have requirements pertaining to preemployment screening and testing. See Local Requirements.