Phath v. Central Transport (U.S. Court of Appeals, 3d Circuit)

Summary

At issue in this appeal is the lower court’s narrow interpretation of Section 9125 of Pennsylvania’s Criminal History Record Information Act (CHRIA), which restricts employers from considering criminal convictions unless they “relate to the applicant’s suitability for employment in the position for which [they] applied.”

By limiting the scope of Section 9125(b) to the narrow situation where an employer receives an actual copy of the applicant’s criminal history record information file, the district court frustrates Pennsylvania’s public policy goal of rehabilitation and undermines the CHRIA, leaving the plaintiff with no legal recourse to challenge overbroad criminal history screens under Pennsylvania law.