DC's New 'Ban-The-Box' Law: Employers May Not Question Applicants About Arrests

The District of Columbia is about to become the 14th jurisdiction nationwide1 to "ban the box" - to prohibit employers from asking job applicants to check "the box" indicating whether they have ever been arrested. Beginning soon (as explained below), DC employers who ask an applicant questions about his/her criminal history early in the hiring process or who use criminal history to eliminate an applicant from the employment pool will be subject to a fine by the DC Commission on Human Rights.

What Is "Banned?"

A covered employer may never inquire about, or require an applicant to disclose or reveal, an arrest or a criminal accusation that did not result in a conviction or that is not currently pending. An employer may not obtain such information through application forms, interviews, or in criminal history checks.

An employer may obtain information about an applicant's criminal convictions after a conditional offer of employment. But the employer may only withdraw that conditional offer, or take some other adverse action against an applicant, for a "legitimate business reason" that takes into account:

The specific duties and responsibilities of the position; The bearing of the criminal offense on the applicant's fitness or ability to perform the job; The time that has elapsed since the offense; The age of the applicant at the time of the offense; The frequency and seriousness of the offense; and Any information provided by the applicant to show that s/he has been rehabilitated. If an applicant believes that a conditional offer was rescinded or an adverse action was taken because of a criminal conviction, the employer must provide, within 30 days of the applicant's request: (1) a copy of all records procured by the employer in consideration of the applicant, and (2) a notice advising the applicant of his or her opportunity to file an administrative complaint with the DC Office of Human Rights.

Which Employers and Jobs Are Covered?

This new law applies to public and private employers who employ more than 10 employees in the District. This includes temporary or seasonal work, contracted work, contingent work, or work through a temporary or employment agency where the physical location of the employment is in whole or substantial part within the District of Columbia. It also includes any form of vocational or educational training. The law also applies to volunteers.

The law expressly excludes:

Any facility or employer that provides programs...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT