Pa. court strikes state law barring individuals with certain disqualifying convictions from working with elderly

On Dec. 30, 2015, the Commonwealth Court of Pennsylvania—one of the state’s two intermediate appellate courts—held that the lifetime employment ban on individuals convicted of certain crimes contained in Sec. 503(a)1 of the Older Adults Protective Services Act (“Act”) is unconstitutional and unenforceable, and thus enjoined the Commonwealth of Pennsylvania from enforcing the law.

It will now be up to the state legislature to pass a new law that is in line with the Court’s opinion. While the Court invalidated the Act’s lifetime employment ban, it did note that the General Assembly may still enact laws that restrict who may work with older adults, but any such law must be “fine-tuned” to relate the particular criminal conviction to particular employment. The Act’s current blanket prohibition lacks fine-tuning because it treats all the enumerated crimes, regardless of their age or severity, as the same even though they present very different risks of employment.

To read the full court opinion, click here.

Source: Judicial System of Pennsylvania, 12/30/2015

1 35 P.S. §10225.503(a).

Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
Something went wrong. Try again
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Something went wrong. Try again

Get In Touch

Send a Message *fields required

What are your Interests?optional

Even our RFP PROCESS is state-of-the-art.

Find out why

What Our Clients Are Saying

Everyone I have contacted at Certiphi has been a complete pleasure to work with. The Certiphi customer service rivals every other customer service I come in contact with. Everyone is always so professional, yet super nice! Thanks for all you do and keep up the amazing work and impeccable service that you provide!!!

Human Resources Assistant
Large Medical Staffing Firm

Thank you so much! You have such an incredible reputation within our office; I think we would all say your customer service levels are continually at about 125%!

Human Resources Generalist
Medical and Surgical Hospital

The response time has been very quick. The turnaround times are great. I love your systems and that I can go in and look at the process as its going.

Human Resources Manager
Medical Staffing Agency

It’s such a great customer service that you provide and I’m happy to tell that to anyone.

Pastoral Care Associate
Large Children's Hospital

Working with Certiphi has been such a pleasure. Certiphi has taught me so much, not just about backgrounds but also the meaning of great business.

Human Resources Specialist
Large Medical Staffing Firm

We flew through our NCQA licensure review.  We very much appreciate Certiphi's help in earning a 100% score for the files!

Accreditation Manager
Hospital System Analytics Company

You are about to leave

Ok, Continue Cancel