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 and 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.

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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition 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, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.