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What are Washington, D.C. employment background check laws?

We frequently revise this summary of Washington, D.C.’s background check regulations and ban-the-box policies. Due to the rapid pace of legislative changes, we cannot ensure the accuracy of all details provided. It is advisable to seek legal counsel from your attorney for personalized guidance on legal matters.

FCRA

DISTRICT LAWS

BAN-THE-BOX

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Fair Credit Reporting Act (FCRA)

The federal government established the Fair Credit Reporting Act (FCRA) to establish a benchmark for hiring practices, safeguarding the interests of both employers and job seekers.

District Law

DC Code Sec. 2-1402.66

In our perspective: Employers are not allowed to request job applicants to provide their arrest records at their own expense.

Fair Credit in Employment Amendment Act of 2016

Our Interpretation: Unless under specific circumstances, D.C. employers are barred from soliciting or utilizing the credit information of current or potential employees when determining employment status.

DC Code Sec. 2-1402.66

Our Understanding: According to the DC Code, employers in DC are restricted from asking job applicants to provide an “arrest record” at their own cost. It’s important to clarify that “arrest record” does not equate to a “consumer report.”

Ban-The-Box & Fair Hiring Laws

District Laws — Public and Private Companies

Applicable Entities: This ban-the-box regulation pertains to all employers operating in the District of Columbia with a workforce exceeding 10 individuals within the District.

Timing of Inquiry: Employers within the District of Columbia are permitted to inquire about criminal history only subsequent to extending a conditional offer of employment.

Consideration of Records: Employers may inquire solely about criminal convictions and pending cases. It is impermissible for employers to inquire about arrests or unproven criminal allegations.

Implications of Adverse Actions:

  • Pre-Adverse Action Notice: Alongside a pre-adverse action notice, employers must include a copy of the Notice of Right to File Complaint document.
  • Individualized Assessment: Employers subject to this law must conduct an individualized assessment before issuing a final adverse action notice.
  • Revocation of Conditional Offer: Employers may only rescind a conditional offer for a valid business rationale. The employer’s determination of a valid business rationale must align with the individualized assessment, incorporating EEOC criteria.
  • Candidate’s Right to Access: If an applicant suspects that a conditional offer was rescinded due to a criminal conviction, they may request, within 30 days following the adverse action:
  1. A copy of any and all records procured by the employer in consideration of the applicant, including criminal records; and
  2. A notice that advises the applicant of his or her opportunity to file an administrative complaint with the Office of Human Rights.