Allentown, Pennsylvania Enacts New Antidiscrimination Ordinance

Allentown, Pennsylvania recently repealed and then enacted a new antidiscrimination ordinance via Ordinance No. 16140. The new law is in effect as of June 14, 2025 and applies to any employer with one or more employees.

The new antidiscrimination ordinance includes a number of provisions including several new protected classes, and limitations on job advertisements, salary history inquiries, criminal background checks and public accommodations.

For the purposes of this blog, we’ll focus on the criminal background check limitations. Employers cannot inquire into criminal history on an employment application. Employers also cannot require job applicants disclose criminal convictions until after an initial interview. However, employers may include in the job requirements that an applicant must have a clean driving record or be able to pass a child abuse clearance check.

When considering conviction records, employers must ensure they relate to an applicant’s suitability for employment. After a first interview, employers may conduct a background check and consider that information to determine the applicant’s suitability. As noted in the Ordinance, Pennsylvania State law requires employers to provide written notification if a denial of employment was based in whole or in part on the applicant’s criminal history. Failure to provide such notice will also be a violation of this Ordinance.

If a provision of the Allentown Ordinance is found to be in conflict with a provision of any other ordinance in Lehigh County, the provisions which establish the higher standard for the protection of health, safety and welfare shall prevail.