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A new Philadelphia ordinance amending the City's Fair Practices Act went into effect on July 7, 2016. The amendment severely limits an employer's ability to procure and use credit information on most applicants and employees and also limits references to credit checks on an employer's background check disclosure and authorization forms. With these new provisions, Philadelphia continues to vie with New York City for the title of the country's most draconian background check law. Credit Check Prohibitions. The amended Act makes it unlawful for an employer to procure or use any credit information regarding a Philadelphia applicant or employee (unless covered by a statutory exception as described below) in connection with an employment decision (e.g., hiring, discharge, tenure, promotion, discipline, or the consideration of any other terms, conditions, or privileges of employment). Philadelphia Code § 9-1130 (1). Credit information is defined as any written, oral, or other communication of information regarding an individual's:
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