District of Columbia State Employment Laws
The District of Columbia has restrictions on what can be reported in a background screening report beyond what the Fair Credit Reporting Act (FCRA) dictates.
| Restriction | Explanation |
|---|---|
| Applicant/subject cannot be required to pay for a background check or a portion thereof | An employer cannot require any person to pay for criminal records. See the statute here for more information. |
| Ban-the-Box: Use of criminal record only after a conditional offer of employment | Employers with 10 or more employees (in DC) are prohibited from asking an applicant about convictions, arrests, or accusations until a conditional offer of employment is made. An employer may later withdraw a conditional offer of employment to an applicant based on criminal conviction information only for a “legitimate business reason.” See the statute here for more information. Notable exceptions: Other than employers of 9 employees or less, the Act does not apply: 1) when a federal or D.C. law or regulation “requires” the consideration of an applicant’s criminal history; 2) a position designated as part of a government program or obligation designed to employ those with criminal histories; 3) or to any facility or employer providing programs, services, or direct care to minors or vulnerable adults. |
| Use of Credit Report | Effective 3/17/2017, DC employers are restricted from considering credit reports in regard to employment decisions. See exceptions below. See the statute here for more information. Notable exceptions: The six exceptions are: (1) Where DC law requires a credit check. Can this supersede a general federal requirement? Probably not. (2) DC or campus police. (3) Employees of the office of the DC Chief Financial Officer. (4) Where DC law requires a security clearance. Again can this supersede federal law? Probably not. (5) Disclosures to the Board of Ethics and Accountability – not a likely CRA customer. (6) Financial institutions. |
Additional Resources
Drug Screening Pros & Cons
The most common types of drug screening tests with pros and cons, why and how to use them
How much does employee drug abuse cost your organization?
Use our Drug Testing ROI Calculator to find out
2019 Compliance Guide eBook
Is your background screening program compliant with new legislation?
Types of Criminal Records
What information will show up on criminal records searches?
Subscribe to the AccuSource Blog
Ready to get started?
Let us help you build a custom criminal background screening program
