In December, the District of Columbia Council passed the Fair Credit in Employment Amendment Act of 2016, which would amend the D.C. Human Rights Act of 1977, to prohibit employers from discriminating against job applicants and current employees based on their credit information. The Act, however, permits D.C. employers to inquire and obtain an applicant or employee’s credit information in limited circumstances, such as 1. Where the employer is required by existing D.C. law to ask for credit information, 2. Where the employee is required to possess a security clearance, 3. Employees within financial institutions if the position involves “access to personal financial information and 4. Where an employer requests or received credit information by way of a “lawful subpoena, court order or law enforcement investigation.” Those in violation of the Act could face severe financial penalties.
