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NOW IN EFFECT: D.C. Law Restricts Employers From Making Credit Check Inquiries

On April 7, 2017, the D.C. Fair Credit in Employment Amendment Act of 2016 (the “Act”) (L21-0256) took effect as Congress’s review period expired. As we have previously reported here, the Act amends the D.C. Human Rights Act to prohibit employers from discriminating against job applicants and current employees based on their credit information.  Specifically, the Act prohibits, with certain exceptions, D.C. employers from “directly or indirectly requir[ing], request[ing], suggest[ing], or caus[ing] any employee [or applicant] to submit credit information, or us[ing], accept[ing], refer[ring] to, or inquir[ing] into an employee’s [or applicant’s] credit information.”

D.C. joins several states, including California, Illinois and Maryland, in addition to other localities, including Chicago and New York City, that have enacted laws that limit private employers’ use of credit checks during the hiring process. The Act, however, extends beyond the hiring process, to cover the use of credit information with respect to existing employees.

As we have previously reported, D.C. employers that utilize credit checks as part of their hiring or employment practices should assess whether changes to their practices are necessary to ensure compliance with the Act’s requirements.

© 2017 Proskauer Rose LLP.

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About this Author

Guy Brenner, Labor Attorney, Proskauer Rose, arbitration proceedings Lawyer
Partner

Guy Brenner is a partner in the Labor & Employment Law Department and co-head of the Non-Compete & Trade Secrets Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues,...

202-416-6830
Associate

Ryan H. Hutzler is a law clerk in the Labor & Employment Law Department.

Ryan is a 2015 graduate, with honors, of The George Washington University Law School, where he was on The George Washington Law Review and Moot Court Board. He was the 2014 recipient of the New York State Bar Association’s Albert S. Pergam International Law Writing Competition Award. Ryan was a Proskauer summer associate in 2014 and clerked with the firm throughout his fourth year of law school, working with the labor and employment team in Washington, D.C.

202.416.6691