Philadelphia's Fair Chance Hiring Ordinance requires employers to provide applicants with information regarding their rights before taking adverse action based on criminal history. A recent response from the Philadelphia Commission on Human Relations offers employers additional perspective on how the agency interprets that requirement.gettyWhen Philadelphia’s amendments to the Fair Criminal Records Screening Standards Ordinance (FCRSSO) took effect on January 6, 2026, employers became subject to several new procedural requirements designed to strengthen protections for applicants and employees with criminal records. Among the most consequential of those changes was a requirement that employers provide written notice containing information regarding an individual’s rights before making a final adverse hiring or employment decision based on criminal history.Although the ordinance established a new notice requirement, it did not expressly identify what document employers should provide to satisfy that obligation. As employers began implementing the amendments, a practical question emerged: must employers use a notice issued by the Philadelphia Commission on Human Relations (PCHR), or may they develop their own?In response to a recent inquiry, the Commission has offered insight into how it interprets that requirement.The Implementation QuestionThe amended ordinance requires employers to provide applicants with information regarding their rights before taking adverse action based on criminal history. At the same time, the Commission recently published a Fair Chance Hiring Intake Form that asks complainants whether the employer provided such information when notifying them of an intent to rescind a job offer or take other adverse action.Separately, the Commission has published a document entitled Notice: 2026 Amendments to Fair Chance Hiring Law, which summarizes the ordinance’s recent changes and outlines several employer obligations.MORE FOR YOUTaken together, these materials raised an important implementation question. Were employers expected to provide one of the Commission’s existing publications to applicants, or could they develop their own notice that conveys the information required by the ordinance?The Commission’s InterpretationAlthough the Commission has not issued formal guidance on this question, it has addressed the issue in response to a recent inquiry.According to the Commission, the ordinance does not require employers to use a Commission-issued notice to communicate applicant rights. Instead, the Commission indicated that the ordinance does not preclude employers from developing their own notice, provided that the notice conveys the substance of the information contained in the Commission’s published materials.The Commission also clarified that, while the ordinance requires it to supply a form for purposes of the law’s posting requirement, it does not interpret that obligation as making the Commission the exclusive source of applicant-facing notices.In addition, the Commission distinguished between the purposes of its various publications. According to the Commission, the posting form is designed to satisfy the ordinance's posting requirement and inform employers of the new requirements, while the Commission's publicly available summary materials are likewise directed toward employers.In effect, the Commission's response suggests that its published materials are intended to support employer compliance and satisfy the ordinance's posting requirement, rather than serve as a prescribed applicant-facing notice. Although this response does not constitute formal guidance, it provides employers with a better understanding of how the Commission presently interprets implementation of the ordinance's notice requirement.Practical Takeaways for EmployersThe Commission's response provides useful flexibility, but that flexibility should not be mistaken for reduced compliance obligations. Employers remain responsible for ensuring that any notice they develop accurately reflects the substantive rights afforded under the amended ordinance.Any employer-developed notice should accurately communicate the rights afforded under the amended ordinance, including informing individuals of their opportunity to:Review the criminal history information at issueIdentify inaccuracies in that informationSubmit evidence of rehabilitation or mitigating circumstancesRespond before a final employment decision is madeEmployers should also provide clear instructions regarding how and where responsive information may be submitted and should ensure that their processes align with the ordinance’s required response period.Organizations that rely on standardized adverse action templates across multiple jurisdictions should review their Philadelphia-specific workflows to confirm that these additional requirements are appropriately addressed.Employers should also remain mindful that, in the absence of a prescribed form, the adequacy of any notice may ultimately be evaluated in the context of enforcement activity or complaints.Why This MattersEmployment laws often establish substantive rights without prescribing every detail of implementation. Philadelphia’s amended Fair Chance Hiring Ordinance reflects that dynamic.While the ordinance clearly requires employers to provide applicants with information regarding their rights before taking adverse action based on criminal history, it does not dictate the precise form that notice must take. The Commission’s recent response indicates that employers retain discretion in how they operationalize that requirement, so long as the substance of the notice is compliant.This approach also reflects a broader trend in employment regulation, where agencies define legal obligations but leave employers to integrate those obligations into existing hiring systems, workflows, and communication practices.For employers operating in Philadelphia, the Commission's perspective provides useful implementation insight. Organizations may tailor applicant notices to fit their existing hiring processes, but they remain responsible for ensuring those notices fully communicate the rights afforded under the amended ordinance.