(City Ordinance Now Applies to Public and Private Employers)

• Removed criminal history box from forms
• Utilize the EEOC criteria for individualized assessment
• Background check only conducted after conditional employment offer
• Policy applies to all public and private D.C. employers

Our nation’s capital, Washington D.C., passed the Returning Citizens Public Employment Inclusion Act in December of 2010, joining other municipalities in embracing the fair chance movement.  This ordinance that went into effect for all public agencies in 2011 further extended formerly convicted citizens’ rights through the passage of Fair Criminal Records Screening Act of 2014, which applied to private employers as well.  The provisions of the new law enacted restrictions of employers with more than 10 employees; ensuring that they cannot make any inquiry regarding an applicant’s prior convictions until having already made a conditional job offer of employment.  Furthermore, the conditional offer can only be withdrawn if the employer can demonstrate that the applicant should be refused because of a “legitimate business reason.”  In make such a determination, employers are required to show how the prior conviction may be related to the position applied for, the amount of time lapsed, any rehabilitation that the prospective employee has undergone and any other reasonable factors.  Disenfranchised job applicants may file a complaint with the Office of Human Rights and penalties and fines may be levied on the discriminating business with the applicant receiving half of the fee from the fine.

Washington, D.C.  Resources

Fair Criminal Record Screening Amendment Act of 2014, click here

Washington, D.C. Contacts

Marina Streznewski, Executive Director
DC Jobs Council
[email protected]

Ari Weisbard, Deputy Director
Employment Justice Center
[email protected]