Covered employers
Employers with 11+ employees in D.C.; the 2024 amendments lower the threshold to all employers for arrest-record protections and to 10 for conviction-record protections.
Timing of inquiry
Conviction inquiries prohibited until after a conditional offer; arrest records may not be considered at any point.
Individualized assessment
Withdrawal requires a 'legitimate business reason' considering six statutory factors, including the bearing of the offense on fitness for the position.
Adverse-action workflow
The candidate must receive, on request, a copy of all records procured and a written statement of the legitimate business reason within 30 days.
Notice & posting
OHR posts required notices; ads may not contain blanket exclusions.
Enforcement & penalties
D.C. Office of Human Rights. Civil penalties from $1,000 (small employer) up to $5,000 (50+ employees) per violation, payable half to the affected applicant.
Citations
- D.C. Code §32-1341 et seq.
- Fair Chance Amendment Act of 2024, B25-0089