Washington, DC Enacts Broad Ban the Box Law: Employment Law Manual Updated

Authors: David B. Weisenfeld, Melissa A. Silver and Beth P. Zoller, XpertHR Legal Editors

Washington, DC Mayor Vincent Gray has signed one of the broadest laws in the nation to restrict employers from seeking criminal background information about job applicants.

This "ban the box" law not only prohibits employers with more than 10 employees in the District of Columbia from asking criminal history questions on initial job applications, but also bans them from doing so until after making a conditional job offer under the Fair Criminal Record Screening Act of 2014. +2013 D.C. ALS 422. Even after extending a conditional offer, the ordinance prohibits employers from withdrawing that offer or taking other action based on a criminal record except for a "legitimate business reason."

The following District of Columbia sections of the Employment Law Manual have been updated to reflect this development:

• Recruiting and Hiring > Interviewing and Selecting Job Candidates;
• Recruiting and Hiring > Preemployment Screening and Testing;
• Recruiting and Hiring > Employment Offer; and
• Employee Management > Employee Privacy.

The chart Ban the Box Laws by State and Municipality has also been updated.