District Of Columbia Background Check

• FCRA
• LAWS DISTRICT
• BAN-THE-BOX

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Fair Credit Reporting Act (FCRA)

In order to establish the standard for hiring guidelines and procedures, the federal government came up with an act called the Fair Credit Reporting Act, also known as FCRA that monitors and safeguards employers as well as job applicants.

District Laws

DC Code Section. 2-1402.66

Our View: Employers are prohibited from requiring that an applicant provide a criminal record at the applicant's own cost.

Fair Credit in Employment Amendment Act of 2016

Our View: With a few exceptions, D.C. employers are prohibited from using or soliciting the information of a prospective or current employee's credit history in making a hiring decision.

DC Code Section. 2-1402.66

Our Conclusion: DC Employers are prohibited from asking the job candidate provide the "arrest document" at their own cost. Note this "arrest record" is not the same as "consumer record."

Ban-The-Box & Fair Hiring Laws

LAWS OF DISTRICT -- PRIVATE AND PUBLIC COMPANIES

Who is required to follow: This ban-the-box law applies to all employers located in the District of Columbia who employ more than 10 workers within the District.

Time of the inquiry Employers working in the District of Columbia may only investigate criminal records after the conditional offer has been made.

Record review: The employer may only inquire regarding criminal conviction(s) and cases pending. The employer is not able to investigate arrests or other criminal allegations that aren't currently pending.

Negative action implications:

Pre-adverse action notification: A copy of the document Notice of Right to File Complaints must be included in the pre-adverse action notification.

Assessing individuals: Employers covered under this law are required to perform an individual assessment prior to sending out a final notice of adverse action.

Affirmation of the conditional offers: An employer may only take a negative decision against an individual due to an legitimate business reason. The determination of an employer's legitimate business motive is based on the reasonableness of the individual assessment that incorporates EEOC guidelines.

Right of the candidate to access: If an applicant believes that a conditional contract was not honored because of a criminal conviction the applicant can request within 30 days of the adverse decision the employer give the applicant with 30 days of the date of acceptance of their request

• A copy of any records requested by the employer in the consideration of the applicant's application including criminal records and
• A notice that informs the person who is applying for his or her right to file an administrative grievance to the Office of Human Rights.

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