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Is Your Background Check Too Broad? New D.C. Law Bans Requests for or Use of Credit Information


Credit information is often one component of a comprehensive employment background check. Employers utilizing background checks performed by a credit reporting agency are subject to a number of notice, consent, and other requirements under the Fair Credit Reporting Act (FCRA). A new D.C. law goes even further than the FCRA, prohibiting employers from inquiring about or using any credit information about prospective or current employees. Under the Fair Credit in Employment Amendment Act, which went into effect March 17, 2017, D.C. employers may not:

(1) require, request, suggest or cause any employee or applicant to submit any credit information;

(2) use, accept, refer to or inquire about credit information, unless an exemption from the law applies; or

(3) take any discriminatory action against prospective and current employees based on their credit information. FULL ARTICLE

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