Photo by Jame Devine.The D.C. Council unanimously approved a bill today that will restrict when an employer is able to ask an applicant about his criminal history.
An employer may only ask about an applicant’s criminal history after a conditional offer of employment has been made under the “ban the box” bill, which was introduced by Councilmember Tommy Wells. That provision was stripped in committee — leaving it “seriously compromised,” according to advocates — but restored by an amendment from Councilmember Kenyan McDuffie.
“This is critically important,” McDuffie said in a statement. “It allows returning citizens to be judged on their merits prior to consideration of their past.”
Among the other changes to the bill was the removal of a clause requiring employers to provide a written statement of denial and the removal of a provision allowing applicants to see over alleged discrimination. There’s also an exception in the bill for “businesses and facilities that provide services or care to minors or vulnerable adults.”
“Moving forward, I am comforted by the fact that these amendments were the result of a collaborative process which included advocates and the business community,” McDuffie said. “It is my hope that these changes will create a more productive workforce and help employ many of our returning citizens who are ready, willing and able to work.”
The bill now heads to Mayor Vince Gray for a signature and then to Congress for review.
“Gaining employment is one of the most significant barriers facing returning citizens,” Wells said in a statement. “This legislation is a vital step toward addressing that challenge and I commend my colleagues for their diligence and commitment to ensuring passage of this bill prior to Council recess.”