This summary of Washington, D.C.’s background check regulations and ban-the-box policies is updated regularly, though given the fast pace of legal changes, the information may not always be current. It is advisable to consult with legal counsel for specific guidance.

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) is a federal law that sets the standard for hiring practices, protecting both employers and job applicants. It establishes guidelines for using background reports, ensuring transparency and fairness in the hiring process.

District Law: DC Code Sec. 2-1402.66

Our interpretation: Employers in Washington, D.C. are prohibited from requiring job applicants to provide their arrest records at their own expense.

Fair Credit in Employment Amendment Act of 2016

Our interpretation: D.C. employers are generally prohibited from requesting or using credit information from job applicants or employees when making employment decisions, except in specific circumstances.

Ban-the-Box & Fair Hiring Laws

District Laws — Public and Private Employers

• Covered Employers: This ban-the-box law applies to all employers in Washington, D.C. with more than 10 employees.
• Timing of Criminal History Inquiry: Employers are only allowed to inquire about a candidate’s criminal history after making a conditional offer of employment.
• Criminal Record Consideration: Employers may inquire only about criminal convictions and pending cases. They cannot ask about arrests or criminal charges that did not result in convictions.

Adverse Action Procedures

• Pre-Adverse Action Notice: Employers must provide a pre-adverse action notice along with a copy of the “Notice of Right to File Complaint” document if they intend to take adverse action based on criminal history.
• Individualized Assessment: Before taking final adverse action, employers must perform an individualized assessment, considering factors outlined by the EEOC, such as the nature of the crime and its relevance to the job.
• Rescinding Conditional Offers: Employers may only revoke a conditional job offer based on a legitimate business reason, as determined by the individualized assessment.
• Applicant’s Rights: If a candidate believes their offer was revoked due to a criminal conviction, they have 30 days to request:
  • A copy of all records the employer used in making the decision, including criminal records.
  • A notice informing the candidate of their right to file a complaint with the D.C. Office of Human Rights.

By complying with these laws, D.C. employers can ensure a fair hiring process while remaining legally compliant.