District of Columbia — Hiring & Onboarding

Under the Fair Criminal Record Screening Amendment Act of 2014, employers with more than 10 employees in the District may not inquire about or require an applicant to disclose criminal convictions until after making a conditional offer of employment. The prohibition also bars any inquiry into arrests or criminal accusations that are not pending or did not result in conviction. A conditional offer is one contingent on the employer's subsequent inquiry into criminal records or other employment-related criteria. The timing restriction does not apply where federal or DC law requires consideration of criminal history, to positions under government programs designed to employ those with criminal histories, or to facilities providing care to minors or vulnerable adults.

Source: D.C. Code § 32-1342

Every employer conducting business in the District of Columbia must report newly hired, rehired, and recalled employees to the District of Columbia Directory of New Hires within 20 days of the employee's hire date under D.C. Code § 46-226.06(b). The statute defines "hire date" as the first day that the employee performed services for compensation. The reporting obligation applies to all employers regardless of size—there is no small-employer exemption.

Covered employees. The reporting requirement extends to new hires, rehires, and recalls. A "rehire" includes any employee who returns to work after 60 days or more of being laid off, furloughed, separated, granted leave without pay, or terminated. A "recall" includes anyone who remains on the payroll during a break in service or gap in pay and then returns to work—for example, teachers, substitutes, and seasonal workers who are re-engaged after a period of no work. "Employee" is defined by reference to chapter 24 of the Internal Revenue Code (26 U.S.C. § 3401 et seq.)—effectively, a person for whom the employer withholds income tax. The statute contains one narrow exclusion: employees of federal or state agencies performing intelligence or counterintelligence functions are exempt if the agency head determines that reporting could endanger the employee or compromise an ongoing investigation or intelligence mission (D.C. Code § 46-226.06(l)(1)).

Required information. Under subsection (b), the employer must report seven data elements:

1. Employee's full name (first, middle, and last);
2. Employee's address;
3. Employee's Social Security number;
4. Employee's date of birth;
5. Employer's name;
6. Employer's address;
7. Employer's federal employer identification number (FEIN) under 26 U.S.C. § 6109.

The employer may also voluntarily report the employee's date of hire and whether medical insurance coverage is available and when the employee becomes eligible for that coverage (D.C. Code § 46-226.06(c)).

Submission methods and electronic-filing alternative. Reports may be submitted in paper form (by mail or fax) or electronically. Employers that transmit reports magnetically or electronically receive an alternative timeline: they may submit reports in up to two monthly transmissions, not less than 12 days nor more than 16 days apart, in lieu of the 20-day-per-employee deadline (D.C. Code § 46-226.06(e)). This permits batch reporting for employers with frequent hiring activity.

Multistate employers. An employer with employees in multiple states may either (1) report each new hire to the state where the employee works, or (2) designate a single state for centralized electronic reporting and notify the U.S. Department of Health and Human Services of that election. If the employer elects centralized reporting, it must use electronic transmission and meet the two-monthly-transmissions requirement.

Civil penalties. An employer that fails to comply with the reporting requirement is subject to a civil penalty of $25 per employee for each employee not reported (D.C. Code § 46-226.06(i)). If noncompliance is the result of a conspiracy between the employer and the employee not to supply the required report or to supply a false or incomplete report, the penalty increases to $500 per employee. The statute specifies that the employer "shall be penalized each calendar month until the employer complies," meaning that penalties accrue monthly for continuing failures. Penalties are enforced in court by the D.C. Attorney General. The Mayor is authorized to establish a procedure by which an employer may challenge the imposition of a penalty, with a right to judicial review under D.C. Code § 2-510 (D.C. Code § 46-226.06(k)).

Purpose. The reporting obligation flows from the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), 42 U.S.C. § 653a, which requires every state to operate a new hire directory. The District's IV-D child support agency uses the data to locate noncustodial parents, establish paternity and support orders, and issue income-withholding orders. The data also support detection and prevention of fraud in unemployment insurance, workers' compensation, and public-assistance programs.

Source: D.C. Code § 46-226.06

After making a conditional offer of employment, if a District of Columbia employer intends to take adverse action (such as rescinding an offer or terminating employment) based on a conviction disclosed during a criminal background check, D.C. law requires more than a simple review of the record. Under D.C. Code § 32-1342(b)–(c), the employer must conduct an "individualized assessment" of the applicant’s conviction before taking that action.

Required factors for consideration. The statute enumerates six required factors the employer must weigh:

1. The specific duties and responsibilities necessarily related to the employment;
2. The bearing, if any, the criminal offense(s) for which the applicant was convicted will have on the applicant’s fitness or ability to perform one or more of such duties or responsibilities;
3. The time elapsed since the occurrence of the criminal offense;
4. The age of the applicant at the time of the criminal offense;
5. The frequency and seriousness of the criminal offense(s);
6. Any information produced regarding the applicant’s rehabilitation and good conduct since the occurrence of the criminal offense.

Only after considering these factors may an employer lawfully withdraw a conditional offer or take adverse action based on a conviction record. While the law does not prescribe a formal documentation process, maintaining evidence of the individualized assessment and consideration of each factor is functionally essential—both for compliance and to defend against a challenge. D.C. law prohibits blanket exclusions based on conviction (e.g., “no felony convictions allowed”) without this analysis. The applicant also has the right to request the employer’s reasoning and a copy of any background check relied on, as set forth in D.C. Code § 32-1344.

Source: D.C. Code § 32-1342 Source: D.C. Code § 32-1344

Under the Fair Criminal Record Screening Amendment Act (FCRSA), when a District of Columbia employer withdraws a conditional offer or otherwise takes adverse action against an applicant based on a criminal conviction, several post-offer obligations attach—most triggered by applicant request, and some that are categorical.

Notice of rights—timing and content. If an employer intends to take adverse action based on criminal history discovered after a conditional offer, the employer must advise the applicant in writing of their right to file a complaint with the D.C. Office of Human Rights (OHR). While the statute does not dictate the exact moment this notice must be given, best practice—and agency guidance—support providing it simultaneously with any written rescission or adverse action communication. The official OHR notice language is available as a template and should be included verbatim (see OHR Notice, section "Your Rights").

Applicant’s right to records—statutory process. The applicant has 30 days from receipt of the adverse action (rescission or comparable communication) to request, in writing or orally, that the employer provide:

• "a copy of any and all records procured by the employer in consideration of the applicant, including criminal records";
• "a written statement of the reasons for the decision" (i.e., the specific business necessity rationale as developed via the individualized assessment required under § 32-1342(c)).

When such a request is made, the employer must provide all required documentation to the applicant within 30 days of the request. There is no requirement that the employer provide these documents absent a request, but documenting proactive compliance is strongly recommended.

Scope of documents. The scope of disclosure is broad: "any and all records related to the employer's consideration of the applicant," not limited solely to conviction records but encompassing notes, correspondence, and internal memoranda tied to the assessment. There is no codified limit, but only records genuinely related to the adverse decision are contemplated.

Ambiguity and best practices. Neither the statute nor regulations describe the acceptable mode for the applicant's request (written or oral), nor prescribe a required method for the employer’s original notice. However, OHR procedural guidance recommends using written formats to eliminate disputes over delivery and timing.

Source: D.C. Code § 32-1342 Source: D.C. Code § 32-1344 Source: D.C. OHR Notice of Right to File a Complaint (PDF)

The Cannabis Employment Protections Amendment Act of 2022 (D.C. Law 24-190, D.C. Code § 32-951.02, effective October 22, 2022) bars most private employers in the District of Columbia from taking adverse hiring action against job applicants solely for using cannabis off duty or returning a positive marijuana (cannabinoid metabolite) result on a pre-employment or post-offer drug test—unless a statutory exception applies.

General prohibition: Under § 32-951.02(a), it is "unlawful for an employer to refuse to hire, terminate from employment, suspend, fail to promote, demote, or penalize an individual based upon the individual's:

1. Use of cannabis;
2. Status as a qualifying patient under District law; or
3. The presence of cannabinoid metabolites in the individual's bodily fluids in an employer-required or requested drug test, without additional factors indicating impairment."

Statutory exceptions:

• Safety-sensitive position (§ 32-951.01(15); § 32-951.02(b)(1)): The law permits employers to designate certain roles as “safety-sensitive”—those in which working under the influence poses an immediate risk of serious harm or death. Employers must provide written notice to applicants/employees of these designations. Adverse action based on cannabis use or a positive drug test is allowed for safety-sensitive positions.
• Federal law or contract (§ 32-951.02(b)(2)): If a federal statute, regulation, or contract requires disqualification for cannabis use or mandates testing, the D.C. prohibition does not apply.
• On-duty or on-premises use (§ 32-951.02(b)(3)–(4)): Employers may still act on an applicant’s use, possession, or impairment by cannabis during work hours or on workplace property. For impairment, the employer must observe "articulable symptoms" that impact performance or present a safety risk.

Impairment standard: The statute ties workplace discipline to "articulable symptoms of impairment," which include observable effects that "substantially decrease or lessen the employee’s performance" or pose "an immediate or immediate and serious bodily injury or loss of life." The law contains no closed list of symptoms but requires direct connection between observed conduct and job duties or safety risks.

Effective date and enforcement: D.C. Law 24-190 became effective on October 22, 2022. Full enforcement was contingent on a budget inclusion for fiscal year 2023; as of October 2023, provisions have been funded and are actively enforced (though this budget mechanism is not set forth in the statutory text itself).

Source: D.C. Law 24-190, D.C. Code § 32-951.02