The Catholic University of America

 

Summary of District of Columbia Laws

 

Employment

Fair Criminal Record Screening Act of 2014, DC Code §32-1341 et seq.

 (also known as "Ban the Box" legislation)

According the the new legislation, effective Nov. 14, 2014, employers may not require an applicant to disclose or reveal an arrest or a criminal accusation which is not currently pending or which did not result in a conviction. In addition, an employer may only ask about criminal convictions after making a conditional offer of employment. An offer of employment may only be withdrawn after determining there is a legitimate business reason for doing so, in light of the following factors:


• length of time since crime
• specific duties necessarily related to the job in question
• the bearing the crime has on fitness to perform the job being offered
• age of applicant at time of crime
• time elapsed since the crime was committed
• frequency and seriousness of the criminal offense
• information produced by applicant to show rehabilitation or good conduct
 



If the offer is withdrawn, an applicant who believes he or she has been discriminated against has a right to request copies of all records related to his/her application and consideration for employment and must be given a notice he/she has the opportunity to file a complaint with the Office of Human Rights. There is no private right of action, but the Commission can impose a penalty of up to $5,000.

There is an exception under the law for any facility or employer that provides programs, services or direct care to minors or vulnerable adults. The Employer may continue to require background checks of applicants after the conditional offer of employment. The data should be kept confidential, and if any negative information is received and is then used as the basis for withdrawing an offer, the data must have been reviewed against the factors above.

 

See also the Fair Credit in Employment Amendment Act of 2016. 

 

Resources
 

          Employer FAQ on FCRSA

Ban the Box: FCRSA OHR Guidance No. 16-02 

McGuire Woods Legal Alert: DC Mayor Signs the Fair Criminal Record Screening Ac
t***

BakerHostetler: Washington, D.C. Joins the Ban the Box Movement for Private Employers***

Littler: Private Sector Employees in the District of Columbia will soon Be Required to Comply with a New law Restricting their Ability to Rely on Criminal Records for Employment Purposes 
 

updated 9-4-18