For the purposes of this subchapter, the term:
(1) “Applicant” means any person considered or who requests to be considered for employment by an employer.
(2) “Arrest” means being apprehended, detained, taken into custody, held for investigation, or restrained by a law enforcement agency due to an accusation or suspicion that the person committed a crime.
(3) “Conditional offer” means an offer that is conditional solely on:
(A) The results of the employer’s subsequent inquiring into or gathering information about the applicant’s criminal record; or
(B) Some other employment-related contingency expressly communicated to the applicant at the time of the offer.
(4) “Conviction” means any sentence arising from a verdict or plea of guilty or nolo contendere, including a sentence of incarceration, a suspended sentence, a sentence of probation, or a sentence of unconditional discharge.
(5) “Criminal accusation” means an existing accusation that an individual has committed a crime, lodged by a law enforcement agency through an indictment, information, complaint, or other formal charge.
(6) “Employer” means any person, company, corporation, firm, labor organization, or association, including the District government, but not including the courts, that employs more than 10 employees in the District of Columbia.
(7) “Employment” means any occupation, vocation, job, or work for pay, including temporary or seasonal work, contracted work, contingent work, and work through the services of a temporary or other employment agency or any form of vocational or educational training with or without pay, where the physical location of the employment is in whole or substantial part within the District of Columbia.
(8) “Inquiry” means any direct or indirect conduct intended to gather criminal history information from or about an applicant using any method, including application forms, interviews, and criminal history checks.
(9) “Interview” means any direct contact by the employer with the applicant, whether in person or by telephone, to discuss the employment being sought or the applicant’s qualifications.
(Dec. 17, 2014, D.C. Law 20-152, § 2, 61 DCR 8904.)
Because of the codification of D.C. Law 20-152 as subchapter I of this chapter, the preexisting text, § 32-1351, has been designated as subchapter II.
Structure District of Columbia Code