Pennsylvania, like many states, has restricted employer use of criminal history in hiring and other employment decisions. Under the Criminal History Record Information Act (CHRIA), Pennsylvania employers may “consider” convictions only if they directly relate to the position for which the applicant seeks employment. In a recent case—McCorkle v. Schenker Logistics, Inc., No. 1:13–CV–3077, 2014 WL 5020598 (M.D. Pa. Oct. 8, 2014)—the plaintiff, Dustin McCorkle, filed suit under the CHRIA, claiming that the defendant, Schenker Logistics Inc., arbitrarily relied on his criminal history in violation of the law. The Middle District of Pennsylvania did not agree, dismissing the plaintiff’s claim... Continue Reading