Criminal Background Screenings and Employment
(updated December 11, 2014)
Role of the DC Ofce of Human Rights
The District of Columbia Ofce of Human Rights (OHR) is charged with enforcing the
Fair Criminal Record Screening Amendment Act of 2014, which aims to prevent unlawful
screening of a job applicant’s criminal background. OHR will investigate led complaints
that allege violations of the law, and can impose penalties when violations are found.
What the Law Requires of Employers
Learn more at ohr.dc.gov/page/returningcitizens 441 4th Street NW, Suite 570N, Washington, DC 20010 (202) 727-4559
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Employers Subject to the Law
The law applies only to employers in the District with 11 or more employees. Exceptions
apply for some employers, including:
• those where federal or District law or regulations require considering an applicant’s
criminal history;
• when a position is designated by government program or obligation to encourage
employment of those with criminal histories; and
• those who provide programs or services to minors or vulnerable adults.
Application Form and Interview Process
On an initial application form or during the interview process, the law
prohibits
employers
from asking about:
• Arrests;
• Criminal accusations made against the applicant that are not pending or did not
result in a conviction; or
• Criminal convictions on the initial employment application form.
Conditional Job Offer
An employer may ask about criminal convictions
only after
extending a conditional offer
of employment (at no point can an employer ask about arrests or criminal accusations).
An employer who properly asks about a criminal conviction can only withdraw the offer
or take adverse action against the applicant for a legitimate business reason that is
reasonable when considering all of these six factors:
1. Specic duties and responsibilities necessarily related to the employment;
2. Fitness or ability of the person to perform one or more job duties or responsibilities
given the offense;
3. Time elapsed since the occurrence of the offense;
4. Age of the applicant when the offense occurred;
5. Frequency and seriousness of the offense; and
6. Information provided by applicant or on his or behalf that indicates rehabilitation or
good conduct since the offense occurred.
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- Fact Sheet for Employers -
Learn more at ohr.dc.gov/page/returningcitizens 441 4th Street NW, Suite 570N, Washington, DC 20010 (202) 727-4559
facebook.com/dcohr twitter.com/dchumanrights instagram.com/dchumanrights
Complaint Process
An administrative complaint can be led with OHR
within 365 days**
of the alleged
violation. There is no private cause of action in other courts under this law. Two types of
complaints can be led with OHR:
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Required Documentation
After a conditional job offer is made, an employer who takes adverse action against an
applicant because of a criminal conviction must provide the following if the applicant
believes and communicates the action was taken because of their criminal background:
• A notice advising the affected applicant about the right to le a complaint at OHR.*
Within 30 days of the adverse action, an applicant can request the following, which
the employer must provide within 30 days of receipt of the request:
• A copy of all records procured by the employer in consideration of the affected
applicant, including criminal records.
If the Commission on Human Rights determines a violation occurred, penalties may be
imposed with half of the amount going to the complainant and half to the District, up
to the following amounts:
• $1000 for employers with 11 to 30 employees;
• $2500 for employers with 31 to 99 employees; and
• $5000 for employers with 100 or more employees.
Application Form Complaint
(Type A Complaint)
Type A complaints can be led when
arrests, criminal accusations or criminal
convictions are asked about on an
application form.
• Type A complaints docketed by OHR are
scheduled for a mandatory mediation
with the complainant and employer.
• If mediation fails, the complaint will be
investigated and an initial determination
made within 90 days of the case being
docketed, in most instances.
• If probable cause of a violation is
found, parties will have an additional
opportunity to settle before a
nal determination is made by the
Commission on Human Rights.
Interview Process Complaint
(Type B Complaint)
Type B complaints can be led when arrests
or criminal accusations are asked about at
any point, or criminal convictions are asked
before a conditional job offer is made.
• Type B complaints docketed by OHR are
scheduled for a mandatory mediation
with the complainant and employer.
• If mediation fails, the complaint will be
investigated and an initial determination
made within 120 days of the case being
docketed, in most instances.
• If probable cause of a violation is
found, parties will have an additional
opportunity to settle before a
nal determination is made by the
Commission on Human Rights.
Penalties for Violations
* Notice templates for your use can found on the OHR website at ohr.dc.gov/page/returningcitizens.
** The alleged violation must have occurred on or after the law’s effective date of December 11, 2014.
- Disclaimer: This fact sheet is intended to assist employers but is not an exhaustive review of the law. -
