Washington, DC Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Washington, DC and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

The District of Columbia enacted the Fair Criminal Record Screening Amendment Act of 2014, restricting employers from inquiring about arrest records, charges, or convictions before making a conditional job offer. The ban-the-box law applies employers with 11+ employees.

Does Washington, DC Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

The fair hiring laws in effect in Washington, DC offer broader protections than federal laws. Review how they differ in detail below.

Do Washington, DC Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

Regarding wage discrimination based on sex, Washington, DC follows the federal EPA. The Wage Transparency Act is a state law that requires employers to include salary ranges in job postings.

Do Washington, DC Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

The District of Columbia Human Rights Act (DCHRA) includes protections against age-based discrimination in hiring. It restricts employers from discriminating against anyone age 18 and over, while the federal law only covers those ages 40 and over. Additionally, it applies to employers with 5+ employees.

Do Washington, DC Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Individuals with disabilities are also afforded protections against discrimination in the hiring process under the state’s Human Rights Act. They are similar to those included in the ADA.

Do Washington, DC Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

State law prohibits employers from using genetic information or test results to discriminate in hiring. However, employers are permitted to seek, obtain, and use such information to investigate a workers’ or disability compensation claim or determine an individual’s level of exposure or susceptibility to potentially toxic substances in the workplace. Employers are required to keep all genetic information private.

Do Washington, DC Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

Under the DCHRA, employers cannot discriminate based on 18 protected characteristics. These include those found in Title VII of the Civil Rights Act (race, color, religion, sex, and national origin), along with:

• Age
• Credit information
• Disability
• Family responsibilities
• Gender identity and expression
• Genetic information
• Homeless status
• Marital status
• Matriculation
• Personal appearance
• Political affiliation
• Sexual orientation
• Status as a victim (or family member of a victim) of domestic violence, sexual offense, or stalking

There are 23 protected characteristics included on the list, but five do not apply to employment (familial status, place of residence/business, sealed eviction record, source of income, and status as a victim of an intrafamily offense).

Are There Different Fair Hiring Laws in Cities or Municipalities Across Washington, DC?

Washington, DC does not have cities or municipalities.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.