A new District of Columbia law, Fair Criminal Record Screening Amendment Act of 2014 (Act Number A20-0422), prohibits employers from inquiring into a prospective employee’s criminal conviction background on its application and before making a conditional offer of employment. Under the new law an employer may withdraw a conditional offer of employment to an applicant based on criminal conviction information only for a “legitimate business reason.”
The reason must be reasonable in light of the six factors listed in the Act, including: 1) the specific duties and responsibilities related to the job sought, 2) the bearing the crime will have on the applicant’s ability to perform his or her job duties, 3) the time elapsed since the occurrence of the criminal offense, 4) the age of the applicant at the time of the crime, 5) the frequency and seriousness of the crime, and 6) information produced by the applicant establishing rehabilitation or good conduct.
The new law likely will become effective in early October, after a 30-day period of Congressional review and publication in the District of Columbia Register.
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