• DC Mayor Takes Steps to Limit Employer Use of Employee Credit Information
  • April 13, 2017 | Authors: Meredith Merry Campbell; John D. Clifford; Joy C. Einstein; Gregory D. Grant; Stacey L. Schwaber
  • Law Firm: Shulman, Rogers, Gandal, Pordy & Ecker, P.A. - Potomac Office
  • Last month, D.C. Mayor Muriel Bowser signed the Fair Credit in Employment Amendment Act of 2016 (“the Act”), which amends the D.C. Human Rights Act of 1977. This Act prohibits employers from discriminating against current and prospective employees based on their credit information. Employers can no longer request credit information from current employees or applicants unless the job fits within a limited set of exceptions, including:
    1. Where the employer is required by District law to request the information;
    2. Where an individual is applying for a position as or is employed as a police officer with the Metropolitan Police Department, as a special police officer or campus officer;
    3. Where the individual is applying or is employed by the Office of the Chief Financial Officer of the District of Columbia;
    4. Where an employee is required to possess a security clearance under the law;
    5. Where the information is disclosed to the Board of Ethics and Government Accountability or Office of the Inspector General;
    6. To financial institutions where the position involves access to personal financial information or
    7. Where an employer requests or receives credit information per a lawful subpoena, court order or law enforcement investigation.
    The Act is now before the US Congress for a 30-day review process. If approved, D.C. will join a list of at least 11 jurisdictions which have similar protections. While awaiting Congressional approval on the Act, employers should review their employment practices and application materials to ensure they are not unlawfully collecting or using employee or applicant credit information. We will provide you with an update as soon as the law becomes effective.