Chester County, PA Enacts Antidiscrimination Ordinance

Effective December 23, 2025, Chester County, Pennsylvania will have a new antidiscrimination ordinance in place impacting employers. The Ordinance will apply to employers with at least four or more employees.

Chester County’s ordinance rather closely mirrors Allentown’s new antidiscrimination ordinance, reflecting a growing trend of cities and counties taking action in the Keystone State. Unlike in California, where employment laws are becoming increasingly complex, Pennsylvania's local laws remain relatively straightforward for employers.

Under Chester County’s new law, employers cannot inquire into criminal history on an employment application. Employers may include in the job requirements that applicants must have a clean driving record or be able to pass a child abuse clearance check.

Employers cannot require applicants to disclose criminal conviction information until after an initial interview. When considering criminal convictions, employers must ensure the information relates to an applicant’s suitability for employment. Employers may conduct a background check after the initial interview to help make this determination.

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.

These requirements do not apply to positions where the law mandates that employees must have no criminal convictions. However, in such cases, employers may only inquire about the specific offenses that are legally disqualifying for the role.

Employers should review the Ordinance in full, as it establishes protected classes and prohibits inquiries into salary history, amongst other items. The Ordinance also establishes the Chester County Human Relations Commission, which will be responsible for enforcement.