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New Laws for 2014: Ban the Box (District of Columbia)


Each state has a host of new employment and labor related laws that take effect in 2014. This series focuses on several new laws from around the country that are of particular interest.  In this instance, this note focuses on a new regulation that affects many San Francisco based employers.


After several other states and cities have passed "Ban the Box" measures, the District of Columbia has followed suit and passed a law of their own that prohibits employers from asking about a job applicant's criminal history until after a conditional job offer is made.  Bear in mind though that employers may still decline to consider an applicant further based on his or her qualifications, interview performance, and even Internet searches of applicants, provided that the decision is not based on any criminal background information.

Some key points of the Fair Criminal Record Screening Act of 2014 (the official name of D.C.'s Ban the Box legislation):

  1. The Act covers employers with more than 10 employees in Washington, D.C., but is limited to job applicants, rather than including existing employees; 
  2. Employers who would be covered under the Act, based on their size, are exempt from this Act if:  a) a background check is required of the industry by federal, state, or local law, b) the applicant volunteers the information without being asked, and/or c) the employer "provides programs, services, or direct care to minors or vulnerable adults" (ie  caregiving and child care services)

Of course, once an employer makes a conditional job offer to an applicant, a background check may then be performed and a job offer may be withdrawn for a "legitimate business reason" after the background check is completed.  In regard to the background check, the employer can only consider criminal convictions and pending criminal proceedings when deciding whether to withdraw a job offer.  Note, however, that considering an arrest or any "criminal accusation" not resulting in a conviction is prohibited.

Unlike other Ban the Box legislation, before this Act can become law, it must first be approved by D.C. Mayor Vincent Gray and by Congress.  (Note that the Mayor has previously expressed support for the bill).


Additional information on the topic can be found here:  http://lims.dccouncil.us/_layouts/15/uploader/Download.aspx?legislationid=30954&filename=B20-0642-Amendment3.pdf

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