We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.
STATE LAWS — PUBLIC AND PRIVATE SECTOR
Who must follow: This ban-the-box law applies to all employers in the District of Columbia who employ more than 10 people within the District.
Timing of inquiry: Employers in Washington, DC, may only inquire into criminal history after making a conditional offer.
Consideration of records: The employer may only ask about criminal conviction(s) and pending cases. The employer can never inquire into arrests or criminal accusations that aren’t pending.
Individualized assessment: Employers covered under this law must conduct an individualized assessment prior to sending a final adverse action notice.
Revocation of conditional offer: An employer may only take an adverse action against an applicant for a legitimate business reason. The employer’s determination of a legitimate business reason must be reasonable in light of the individualized assessment, which incorporates EEOC criteria.
Candidate’s right to access: If an applicant believes that a conditional offer was terminated on the basis of a criminal conviction, the applicant may request, within 30 days after the adverse action, that the employer provide the applicant within 30 days after the receipt of the request:
A copy of any and all records procured by the employer in consideration of the applicant, including criminal records; and
A notice that advises the applicant of his or her opportunity to file an administrative complaint with the Office of Human Rights.
The COVID-19 outbreak is having a global impact. We are doing our best to stay ahead of related closures and disruptions that impact our ability to complete background checks, such as county court closures. Please visit our COVID-19 Updates page in our Help Center for updates as we receive them.