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Case Law Alerts

Third Circuit Broadens CHRIA’s Scope in Pennsylvania Employment Law

Phath v. Cent. Transp. LLC, 165 F.4th 780 (3d Cir. 2026)

April 1, 2026

by Jordan L. Mazzoni

The Third Circuit clarified the scope of Pennsylvania’s Criminal History Record Information Act (CHRIA), holding that the statute applies even when an employer learns of a criminal conviction directly from the job applicant.

Plaintiff Rodney Phath applied for a truck driver position with Central Transport and received an interview because he had relevant experience, appeared to be a good candidate with a commercial driver’s license, and had federal clearance to access secure ports.

During the hiring process, Central Transport said it would check his criminal record, so Phath voluntarily disclosed a 15-year-old armed robbery conviction for which he spent six years in prison. The employer immediately rejected his application based on that conviction. Phath sued, alleging violations of CHRIA, which limits how employers may consider history in hiring decisions. The district court dismissed the case, reasoning that CHRIA did not apply because the employer learned of the conviction from the applicant rather than from the state.

Pennsylvania's Criminal History Record Information Act limits disclosure and use of “criminal history record information.” 18 Pa. Cons. Stat. §§ 9101–9183. That includes “[i]nformation collected by criminal justice agencies” about a person's description, arrests, indictments, convictions, and the like, and prospective employers may request that information from state agencies. §§ 9102, 9113(e), 9121(b), 9125.

The issue is whether the Act covered the plaintiff’s own disclosure. When an employer is in receipt of the information which is part of an employment applicant’s criminal history record information file, the employer may use the applicant’s prior convictions for the purpose of deciding whether or not to hire the applicant § 9125(a); but employers may use those convictions “only to the extent to which they relate to the applicant’s suitability” for the job. § 91125(b). If the employer rejects the applicant because of the criminal history information, it must give the applicant written notice of that decision. § 9125(c).

The plaintiff alleged violations of subsections (b) and (c), but the dispute was over subsection (a), as Central Transport had not attempted to show that the plaintiff’s conviction made him unsuitable to drive their trucks, nor that they notified him of this rejection in writing. Central Transport argued the Act did not apply because it acquired the information from plaintiff, not from a state agency. The Third Circuit rejected this argument and reversed, holding that CHRIA applies whenever an employer is in receipt of criminal history information that is part of an applicant’s criminal history record, regardless of the source of that information.

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Since the complaint did not allege fraud or manifest mistake with sufficient particularity, something more than a mere error of judgment, the complaint was insufficient to state a claim.  The complaint in this case did not challenge the appraisal award. It pled that additional damages were discovered that were not apparent when the appraisal was done. It did not specify “who discovered the damages, how they were discovered, where they were found, why they were previously hidden, or why they rise to the level of a manifest mistake that the “appraiser would have corrected...had it been called to his attention”. Id at ¶22 citing Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970). Cases deciding the effect of appraisal awards are unusual. The Ohio Supreme Court’s decision in One Church relies primarily on 19th century case law for its conclusion. 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