(a) An employer may not make an inquiry about or require an applicant to disclose or reveal:
(1) An arrest; or
(2) A criminal accusation made against the applicant, which:
(A) Is not then pending against the applicant; or
(B) Did not result in a conviction.
(b) An employer may not make an inquiry about or require an applicant to disclose or reveal a criminal conviction until after making a conditional offer of employment.
(c) The prohibitions of this subchapter shall not apply:
(1) Where a federal or District law or regulation requires the consideration of an applicant’s criminal history for the purposes of employment;
(2) To a position designated by the employer as part of a federal or District government program or obligation that is designed to encourage the employment of those with criminal histories; or
(3) To any facility or employer that provides programs, services, or direct care to minors or vulnerable adults.
(d) Following the extension of a conditional offer of employment, an employer may only withdraw the conditional offer to an applicant or 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 following factors:
(1) The specific duties and responsibilities necessarily related to the employment sought or held by the applicant;
(2) The bearing, if any, of the criminal offense for which the applicant was previously convicted will have on his or her fitness or ability to perform one or more such duties or responsibilities;
(3) The time which has elapsed since the occurrence of the criminal offense;
(4) The age of the applicant at the time of the occurrence of the criminal offense;
(5) The frequency and seriousness of the criminal offense; and
(6) Any information produced by the applicant, or produced on his or her behalf, in regard to his or her rehabilitation and good conduct since the occurrence of the criminal offense.
(e) If an applicant believes that a conditional offer was terminated or an adverse action was taken against the applicant on the basis of a criminal conviction, the applicant may request, within 30 days after the termination or adverse action, that the employer provide the applicant within 30 days after the receipt of the request:
(1) A copy of any and all records procured by the employer in consideration of the applicant, including criminal records; and
(2) A notice that advises the applicant of his or her opportunity to file an administrative complaint with the Office of Human Rights.
(Dec. 17, 2014, D.C. Law 20-152, § 3, 61 DCR 8904.)
Structure District of Columbia Code