Washington, D.C. - Ban the Box Law

D.C. Official Code §24-1351, Title I, Part B et. seq.
The District of Columbia lists October 31, 2014 as the estimated effective date, as published by the State Rules Register.
The restriction in regard to inquiring into a criminal record can only be made:  "After making a conditional offer of employment".  This restrictions does not apply to:
  1. Employers with ten or fewer employees within the District of Columbia.
  2. Employers required by federal or District law or regulation to consider an applicant's criminal history.  In the District of Columbia area, there will be employers in the surrounding states that might have ten or more employees who work within the District.  This Act will cover those employees.
  3. Courts are not included within the definition of employer.
  4. Companies whose mission is to obtain employment for those with convictions.
The new Act prohibits employers from considering non-convictions except for pending matters.  An employer must consider 7 factors if they choose not to hire someone with a conviction.  Please Note: A rejected applicant may request a "Statement of Denial" wherein the employer must address each of these 7 factors when explaining why they did not hire the applicant.   If the employer does not do this, then there is a rebuttal presumption that the employer's rejection was without a legitimate business reason.  The factors that employers are to consider are:
  1. The specific duties and responsibilities necessarily related to the employment sought or held by the person.
  2. The bearing, if any, of the criminal offense or offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more of such duties or responsibilities.
  3. The time which has lapsed since the occurrence of the criminal offense or offenses.
  4. The age of the person at the time the occurrence of the criminal offense.
  5. The frequency and seriousness of the criminal offense[s].
  6. Any information produced by the person or produced on his behalf in regard to his rehabilitation and good conduct since the occurrence of the criminal offense.
  7. The public policy that it is beneficial generally for an ex-offenders to obtain employment.

If an applicant is rejected, he or she may request, within 30 days, that the employer provide them a copy of any and all records that the employer considered in regard to the applicant, including the criminal records and that the employer provide a written Statement of Denial which articulates a legitimate business reason for the rejection and demonstrates consideration of each of the 7 factors set forth above.  In addition, the Statement of Denial advises the applicant of his or her opportunity to file an administrative complaint with the Office of Human Rights Enforcement. 

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