Code of the District of Columbia

§ 24–1351. Limited liability.

Information regarding a criminal history record of an employee or a former employee shall not be introduced as evidence in a civil action against an employer or its employees or agents if that information is based on the conduct of the employee or former employee, and if the employer has made a reasonable, good-faith determination that the following factors favored the hiring or retention of that applicant or employee:

(1) The specific duties and responsibilities of the position being sought or held;

(2) The bearing, if any, that an applicant’s or employee’s criminal background will have on the applicant’s or employee’s fitness or ability to perform one or more of the duties or responsibilities related to his or her employment;

(3) The time that has elapsed since the occurrence of the criminal offense;

(4) The age of the person at the time of the occurrence of the criminal offense;

(5) The frequency and seriousness of the criminal offense;

(6) Any information produced regarding the applicant’s or employee’s rehabilitation and good conduct since the occurrence of the criminal offense; and

(7) The public policy that it is generally beneficial for persons with criminal records to obtain employment.


(June 15, 2013, D.C. Law 19-319, § 2, 60 DCR 2333.)