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Employers that operate in Washington DC should be aware of laws that affect them during the hiring and background screening process.

Criminal History Checks

Washington DC’s Fair Criminal Record Screening Amendment Act (FCRSAA) says employers are prohibited from making an inquiry about or requiring an applicant to disclose or reveal:

• An arrest or criminal accusation which is not then pending against the applicant or did not result in a conviction.
• A criminal conviction.

Until after they have extended a conditional offer of employment.

Exceptions

The FCRSAA established some exceptions to this law. They apply for positions in which:

• A federal or District of Columbia law or regulation requires the consideration of an applicant’s criminal history for the purposes of employment.
• An employee would work for a facility that provides programs, services or direct care to minors or vulnerable adults.

Adverse Actions

After reviewing a criminal background check, employers will sometimes opt to revoke a conditional offer. However, if an applicant feels that their rights under the FCRSAA have been violated and their offer was unjustly dismissed, they may file an administrative complaint with the District of Columbia Office of Human Rights (DCOHR).

If a decision is made in favor of the applicant, then the employer could be fined anywhere between $1,000-$5,000. Half of that amount would be given to the person who filed the complaint.

Marijuana Testing

DC employers also have restrictions regarding when they can test job applicants for marijuana. Code 32-931 prohibits organizations from screening a candidate for cannabis use before a conditional offer of employment is extended, unless it is otherwise required by law.

Companies may screen for marijuana after extending a conditional offer. The law also notes that employers:

• May demand compliance with workplace drug policies.
• Are not required to permit marijuana use, possession, transfer, sale or growing in the workplace or during working hours.

New Hire Registry

After bringing on a new employee, organizations must report them to the District of Columbia Registry of New Hires within 20 days. The same is true for rehired employees, which includes anyone who "returns to work after sixty days or more of being laid off, furloughed, separated or granted a leave without pay or terminated from employment." Learn more.

Takeaways For Employers

Businesses that operate in Washington DC should be aware that they may not run criminal records checks or screen applicants for marijuana until they have extended a conditional offer. After doing so, they may run comprehensive background checks which help them make informed decisions, maintain safe workplaces and conduct due diligence.

These reports can show hiring managers if a potential employee has a serious or relevant criminal record that might indicate they pose an undue risk. In turn, this helps them protect their existing staff, customers and the public. They can also help companies avoid claims of negligent hiring.

Running Background Checks

If you need background checks for employment purposes, please contact us. Our experienced team can help you customize screening packages that suit your specific needs, industry regulations and applicable laws. We are based in California and available to assist you Monday through Friday from 5am to 6pm PT.