Complete Guide To “Failed” Background Checks
A “failed” a background check doesn’t necessarily mean you shouldn’t hire the candidate. Follow these five steps to make an informed decision.
Washington DC Background Checks
What are Washington, D.C. employment background check laws?
We update this overview of Washington, D.C. background check laws and ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
- FCRA
- District Laws
- Ban-The-Box
Need To Run Background Checks In Washington, D.C.?
GoodHire Offers State, National & Federal Criminal Background Checks:
- Get up & running in minutes
- Industry-leading turnaround times
- US-based support, available at no extra charge
Fair Credit Reporting Act (FCRA)
In order to set a standard for hiring policies, the federal government created the Fair Credit Reporting Act, or FCRA, which monitors and protects both employers and job candidates.
District Laws
DC Code Sec. 2-1402.66
Our Take: Employers are prohibited from requesting that a job applicant supply an arrest record at his or her own expense.
Fair Credit in Employment Amendment Act of 2016
Our Take: With a few exceptions, D.C. employers are prohibited from requesting or utilizing a current or prospective employee’s credit information when making an employment decision.
DC Code Sec. 2-1402.66
Our Take: DC Employers are prohibited from requesting that a job applicant supply an “arrest record” at his or her own expense. Please note that “arrest record” does not mean “consumer report.”
Ban-The-Box & Fair Hiring Laws
DISTRICT LAWS — PUBLIC AND PRIVATE COMPANIES
Who Must Follow: This ban-the-box law applies to all employers in the District of Columbia who employ more than 10 people within the District.
Timing of inquiry: Employers in the District of Columbia may only inquire into criminal history after making a conditional offer.
Consideration of records: The employer may only ask about criminal conviction(s) and pending cases. The employer can never inquire into arrests or criminal accusations that aren’t pending.
Adverse action implications:
- Pre-adverse action notice: A copy of the document Notice of Right to File Complaint must be included with a pre-adverse action notice.
- Individualized assessment: Employers covered under this law must conduct an individualized assessment prior to sending a final adverse action notice.
- Revocation of conditional offer: An employer may only 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 individualized assessment, which incorporates EEOC criteria.
- Candidate’s right to access: If an applicant believes that a conditional offer was terminated on the basis of a criminal conviction, the applicant may request, within 30 days after the adverse action, that the employer provide the applicant within 30 days after the receipt of the request:
- A copy of any and all records procured by the employer in consideration of the applicant, including criminal records; and
- A notice that advises the applicant of his or her opportunity to file an administrative complaint with the Office of Human Rights.