The Criminal History Record Information Act forbids criminal convictions from being considered as part of the employment hiring decision process. In Pennsylvania, an employer may only consider an applicant's criminal history as it relates to misdemeanors and felony convictions.How to file a complaint if you believe an employer illegally asked about your criminal background during the job application process. If you feel you have experienced illegal employment discrimination, fill out the intake questionnaire and email or mail it to the PHRC. Regarding criminal record discrimination, employers may not discriminate against job applicants with similar criminal records based on protected classes. An employer in Pennsylvania can't discriminate against an individual based upon their criminal history after receiving an application. If you feel you have been discriminated against, in general, you have 180 days to file from when the alleged discrimination happened. This is likely unlawful under state and federal anti-discrimination laws and under CHRIA. In PA, employers cannot ask about a person's criminal record when applying for a job. On a job applicant's criminal history in making hiring decisions. (i).