State/City-Specific Adverse Action Processes

This overview of state or city-specific requirements is frequently updated, but legal requirements change quickly in some jurisdictions, and MinistrySafe cannot guarantee all information is current and accurate. The synopsis of content is ours: please read the actual statute, ordinance or provision to form your own conclusions. Always consult your attorney for legal advice.

The requirements listed below are in addition to the Adverse Action Process outlined here.

California Adverse Action Process - In addition to the FCRA Adverse Action Process

Individualized Assessment: Must be conducted before sending the applicant the Pre-Adverse Action Notice and must include: 

1. The Nature and Gravity of the Offense or Conduct - 2023 Revised Regulations invite employers to consider:

• The specific personal conduct of the applicant that resulted in the conviction;
• Whether the harm was to property or people;
• The degree of the harm (e.g., amount of loss in theft);
• The permanence of the harm;
• The context in which the offense occurred;
• Whether disability, including, but not limited to, a past drug addiction or mental impairment, contributed to the offense or conduct, and if so, whether the likelihood of harm arising from similar conduct could be sufficiently mitigated or eliminated by a reasonable accommodation, or whether the disability has been mitigated or eliminated by treatment or otherwise;
• Whether trauma, domestic or dating violence, sexual assault, stalking, human trafficking, duress, or other similar factors contributed to the offense or conduct; and/or
• The age of the applicant when the conduct occurred.

Employers should, however, bear in mind that there are prohibitions against asking applicants about medical conditions or disabilities. Such information should only be considered if relevant to the proposed job and volunteered by an applicant.

1. The Time That Has Passed Since the Offense or Conduct and/or Completion of the Sentence - 2023 Revised Regulations invite employers to consider:

• The amount of time that has passed since the conduct underlying the conviction (which may significantly predate the conviction itself); and/or
• When the conviction led to incarceration, the amount of time that has passed since the applicant’s release from incarceration.

2. The Nature of the Position Held or Sought - 2023 Revised Regulations invite employers to consider:

• The specific duties of the job;
• Whether the context in which the conviction occurred is likely to arise in the workplace; and/or
• Whether the type or degree of harm that resulted from the conviction is likely to occur in the workplace.

Identification of Records: The Pre-Adverse Action Notice required must identify the criminal record(s) that may result in the Adverse Action. One method is listing the record(s) in the Pre-Adverse Action notice, such as: Tarrant County Case No. 5555 -Assault- or simply ‘See highlighted records.’ 

See CA Assembly Bill-1008.

Waiting Period: The Adverse Action Process involves a minimum waiting period of 5 days. The 5 business days begin from the date the applicant receives the Pre-Adverse Action Notice. In case the notice is sent via mail or any other method without tracking, it is deemed received 5 calendar days after the mailing is deposited for delivery, only for California addresses. For addresses outside of the state or country, the waiting period is increased to 10 or 20 days respectively.

Relevant Evidence: The employer must conduct a reassessment after reviewing any additional information that the applicant submits in response to the Pre-Adverse Action Notice. Relevant Evidence an applicant can submit to an employer:

• The applicant’s length and consistency of employment history before and after the offense or conduct;
• The facts or circumstances surrounding the offense or conduct;
• The applicant’s current or former participation in self-improvement efforts, including, but not limited to, school, job training, counseling, community service, and/or a rehabilitation program (including in-custody programs);
• Whether trauma, domestic or dating violence, sexual assault, stalking, human trafficking, duress, or other similar factors contributed to the offense or conduct;
• The age of the applicant when the conduct occurred;
• Whether disability, including, but not limited to, a past drug addiction or mental impairment, contributed to the offense or conduct, and if so, whether the likelihood of harm arising from similar conduct could be sufficiently mitigated or eliminated by a reasonable accommodation, or whether the disability has been mitigated or eliminated by treatment or otherwise;
• The likelihood that similar conduct will recur;
• Whether the applicant is bonded under a federal, state, or local bonding program;
• The fact that the applicant is seeking employment; and/or
• Successful completion, or compliance with the terms and conditions of probation or parole.

Prohibited Actions: Employers are prohibited from certain actions when considering an applicant's response to a Pre-Adverse Action Notice:

• Refusing to accept additional evidence voluntarily provided by an applicant, or by another party at the applicant’s request, at any stage of the hiring process (including prior to making a preliminary decision to rescind the applicant’s job offer);
• Requiring an applicant to submit any Relevant Evidence;
• Requiring an applicant to provide a specific type of documentary evidence (e.g., a police report as evidence of domestic or dating violence), or disqualifying an applicant from the employment conditionally offered for failing to provide any specific type of documents or other evidence;
• Requiring an applicant to disclose their status as a survivor of domestic or dating violence, sexual assault, stalking, or comparable statuses; and/or
• Requiring an applicant to produce medical records and/or disclose the existence of a disability or diagnosis.

Reassessment: Employers may evaluate rehabilitation or mitigating circumstances submitted by employees during the Reassessment based on four factors:

• When the conviction led to incarceration, the applicant’s conduct during incarceration, including participation in work and educational or rehabilitative programming and other prosocial conduct;
• The applicant’s employment history since the conviction or completion of the sentence;
• The applicant’s community service and engagement since the conviction or completion of sentence, including, but not limited to, volunteer work for a community organization, engagement with a religious group or organization, participation in a support or recovery group, and other types of civic participation; and/or
• The applicant’s other rehabilitative efforts since the completion of sentence or conviction or mitigating factors not captured in the above subfactors.

Final Adverse Action Notice: After assessing all necessary factors, if an employer decides not to hire the applicant, they must send a Final Adverse Action Notice in writing.

See CA Code of Regulations § 11017.

Los Angeles Adverse Action Process - In addition to the FCRA Adverse Action Process AND California state law requirements

Individualized Assessment: Must be conducted before taking Adverse Action against an applicant. Contact MinistrySafe for the Los Angeles Individualized Assessment form.

Consideration of Rebuttal Information: If the applicant provides rebuttal information, employers must consider the information and perform a written reassessment of the proposed Adverse Action. If, after performing the reassessment, the employer takes Adverse Action against the applicant, the employer must notify the applicant of the decision and provide a copy of the written reassessment. 

See Chapter XVIII of the Los Angeles Municipal Code Ordinance No. 184652.

Unincorporated Los Angeles County, CA - In addition to the FCRA Adverse Action Process AND California state law requirements

Individualized Assessment: Must be performed prior to Pre-Adverse Action and must include at a minimum:

• The nature and gravity of the offense or conduct, including but not limited to, consideration of whether the harm was to property or people, the degree or severity of the harm or offense, the age of the applicant or employee when the conduct occurred, and the permanence of the harm or offense; 
• The time that has passed since the offense or conduct and/or completion of the sentence;
• The nature of the employment position sought or held, including consideration of the specific duties of the job, whether the employment position offers the opportunity for the same or a similar offense to occur, and whether circumstances leading to the conduct for which the person was convicted or that is the subject of an unresolved arrest will recur in the employment position; and
• If the applicant or employee voluntarily provides to the employer any Evidence of Rehabilitation or Mitigating Circumstances before or during the Initial Individualized Assessment, that evidence must also be considered as part of the Initial Individualized Assessment.

Pre-Adverse Action Letter: Must be sent via both regular mail and email, if an email address is available and must contain the following information:

1. Notice that the employer intends to withdraw or rescind the Conditional Offer of Employment and/or take any other Adverse Action due to the applicant's or employee's criminal history;
2. An explanation of the applicant's or employee's right to respond to the Pre-Adverse Action before that decision becomes final, including information regarding: 1) the waiting periods and timelines to respond, which must be displayed in bold font, underlined, or in all capital letters (All-Caps); and 2) the response may include evidence challenging the accuracy of the criminal background check report or other criminal history information, and/or voluntary submission of Evidence of Rehabilitation or Mitigating Circumstances;
   1. For job positions exempted, if the employer is required by law or regulation to exclude or restrict individuals with specified criminal history and/or specific criminal convictions from the job position, the employer's explanation of the applicant's or employee's right to respond to the Pre-Adverse Action is limited to evidence challenging the accuracy of the criminal background check report or other criminal history information, or evidence or explanation addressing discrepancies regarding criminal background check reports and other criminal history information.
3. A copy of the Initial Individualized Assessment;
4. Notice of the disqualifying conviction(s) that are the basis for the intended Adverse Action; and
5. A copy of the criminal background check report(s) obtained by the employer, if any, and any other information or documentation relating to the applicant's or employee's criminal history obtained by the employer, including but not limited to, information or documentation obtained from internet searches, court records, news articles, and/or social media content.

Waiting Period: Prior to taking Adverse Action, the applicant or employee shall have at least five (5) business days to respond to the Pre-Adverse Action before the employer can make a final decision on whether to withdraw the Conditional Offer of Employment and/or take an Adverse Action. If, however, within the five (5) business days described above, the applicant or employee notifies the employer in writing that they: 1) dispute the accuracy of the criminal background check report or criminal history information that was the basis for the Pre-Adverse Action and that the applicant or employee is taking specific steps to obtain evidence supporting that assertion; and/or 2) the applicant or employee needs additional time to obtain written Evidence of Rehabilitation or Mitigating Circumstances, then the individual shall be provided at least ten (10) additional business days to respond to the Pre-Adverse Action.

1. In lieu of submission of any written materials and/or documents, upon the applicant's or employee's request, an employer shall provide the applicant or employee with an opportunity to present Evidence of Rehabilitation or Mitigating Circumstances orally to the employer, via in-person, virtual or telephone contact, if the applicant or employee makes the request within five (5) business days from receipt of the Pre-Adverse Action. The meeting with the applicant or employee and the employer shall take place within ten (10) business days of the request to present Evidence of Rehabilitation or Mitigating Circumstances orally. 
2. Any Evidence of Rehabilitation or Mitigating Circumstances is optional and may only be voluntarily provided by the applicant or employee, or by a third party on their behalf. An employer cannot require an applicant or employee to provide any specific type of additional evidence or document of rehabilitation or mitigation.

Second Individualized Assessment: The employer shall consider all information and documents, whether written or oral, timely submitted by the applicant or employee before making a final decision or taking an Adverse Action. The employer will perform a Second Individualized Assessment, which shall be documented in writing, concerning whether the individual's criminal history has a direct, adverse and negative bearing on that person's ability to perform the duties or responsibilities necessarily related to the applied-for job position, such that it justifies denying the applicant or employee the employment position or justifies taking an Adverse Action against an employee, by consideration of the following factors:

1. The nature and gravity of the offense or conduct, including but not limited to, consideration of whether the harm was to property or people, the degree or severity of the harm or offense, the age of the applicant or employee when the conduct occurred, and the permanence of the harm or offense.
2. The time that has passed since the offense or conduct and/or completion of the sentence.
3. The nature of the employment position sought or held, including consideration of the specific duties of the job, whether the employment position offers the opportunity for the same or a similar offense to occur, and whether circumstances leading to the conduct for which the person was convicted or that is the subject of an unresolved arrest will recur in the employment position.
4. Any and all Evidence of Rehabilitation or Mitigating Circumstances, whether provided in written form or orally.
5. Any documents disputing the accuracy of the criminal background check report or criminal history information, and/or documents or information providing an explanation regarding criminal history information.

Final Adverse Action Letter: Must be sent via both regular mail and email, if email address is available, and must include all the following:

1. Notice that the employer has made a final decision to withdraw the Conditional Offer of Employment or take Adverse Action against the applicant or employee. 
2. A copy of the Second Individualized Assessment.
3. Notice of the disqualifying conviction(s) that are the basis for the final Adverse Action.
4. Information regarding any existing procedure the employer has for the applicant or employee to challenge the decision or request reconsideration.
5. Notice of the applicant's or employee's right to file a complaint with the Los Angeles County Department of Consumer & Business Affairs ("DCBA") for violation of the County's Fair Chance Ordinance for employer, and with the state's Civil Rights Department for violation of the Fair Chance Act.
6. If the employer is providing the Final Notice of Adverse Action more than thirty (30) calendar days after the applicant or employee provided a timely response to the employer's Pre-Adverse Action, it will be presumed the employer's delay in responding to the applicant or employee was untimely. In order to rebut this presumption, the employer must provide a written explanation in the Final Notice of Adverse Action justifying why the final decision was not made within thirty (30) days, which may include, but is not limited to, circumstances involving a business or personal emergency, or a description of circumstances or delays outside of the employer's control.

Timing of Delivery: If notice is transmitted through:

1. A format that does not provide a confirmation of receipt: such as a written notice mailed by an employer without tracking delivery enabled, the notice shall be deemed received five (5) calendar days after the notice is deposited for delivery to a California address, ten (10) calendar days after the notice is deposited for delivery to an address outside of California, and twenty (20) calendar days after the notice is deposited for delivery to an address outside of the United States. 
2. Email: the notice is deemed received two (2) business days after it is sent, however, applicant and employee timelines to respond to the notice will be calculated based on the date the notice was mailed by the employer.

The content above is intended to provide a high-level overview. This ordinance outlines detailed requirements for employers in unincorporated Los Angeles during the hiring process. For additional information, see County of Los Angeles Ordinance No. 2024-0012. 

Unincorporated San Diego, CA - In addition to the FCRA Adverse Action Process AND California state law requirements

Individualized Assessment: Must be performed, in writing, prior to Pre-Adverse Action. The employer must consider the following to determine a direct relationship to one or more specific elements in the nature of the job held or sought:

• The nature and gravity of the offense or conduct; 
• Time that has passed since the offense or conduct and completion of the sentence; and
• The nature and duties of the job held or sought.

If the decision has been made that the applicant’s criminal history disqualifies the applicant from employment, the employer must notify the applicant of this preliminary decision in writing, and the notification shall contain all of the following:

• Notice of the disqualifying conviction or convictions that are the basis for the preliminary decision to rescind the offer;
• A copy of the background check report or other source of the information; and
• Notice of the applicant’s or employee's right to file a complaint with the Office of Labor Standards Enforcement (OLSE) for violation of the County’s Fair Chance Ordinance, and with the state’s Civil Right Department for violation of the Fair Chance Act. 

• An explanation of the applicant’s right to respond to the notice of the employer’s preliminary decision before that decision becomes final and the deadline to respond. The explanation must inform the applicant that the response may include the submission of evidence challenging the accuracy of the background check that is the basis for rescinding the offer, evidence of rehabilitation or mitigating circumstance, or both.

The applicant must have at least five business days to respond. 

Employers must retain all records and documents related to the applicant’s applications and the written assessment and reassessments performed for one year. 

Adverse Action: Must be taken after a conditional offer of employment has been made. 

For additional information, see County of San Diego Ordinance No. 10914. 

San Francisco Adverse Action Process - In addition to the FCRA Adverse Action Process AND California state law requirements

Individualized Assessment: Employers must conduct an Individualized Assessment prior to sending a Final Adverse Action Notice. Before taking Final Adverse Action, a waiting period of seven calendar days is required. 

See City and County of San Francisco File No. 051638 / Resolution No. 764-05.

Connecticut Adverse Action Process - In addition to the FCRA Adverse Action Process

Final Adverse Action Notice: Must inform the candidate what information in the background check led to final Adverse Action and why. 

See CT General Statutes Title 46a - Human Rights Chapter 814c Sec. 46a-80. 

Illinois Adverse Action Process - In addition to the FCRA Adverse Action Process

Pre-Adverse Action: Must identify the disqualifying criminal record(s); consumer has minimum of 5 business days to respond; consumer can provide mitigating information. 

Post Adverse: Must identify disqualifying criminal record(s) and why the convictions(s) disqualifying the consumer; advise consumer if employer has an appeal process and consumer has the right to file a claim with the Illinois Department of Human Rights.

See Department of Employment Security Law of the Civil Administrative Code of Illinois SB1488.

Chicago, Illinois Adverse Action Process - In addition to the FCRA Adverse Action Process AND Illinois state law requirements

Final Adverse Action: Must inform candidates of the reason for Adverse Action in the final Adverse Action Process. 

See City of Chicago Ordinance O2014-8347.

Massachusetts Adverse Action Process - In addition to the FCRA Adverse Action Process

Pre-Adverse Letter: Must identify the disqualifying criminal record(s).

See Massachusetts General Laws Chapter 90 §62.

 Individualized Assessment: Must conduct an Individualized Assessment prior to sending Adverse Action notices. Relevant considerations generally include:

• The facts or circumstances surrounding the offense or conduct;
• The number of offenses for which the individual was convicted;
• Age at the time of conviction, or release from prison;
• Evidence that the individual performed the same type of work, post-conviction, with the same or a different employer, with no known incidents of criminal conduct;
• The length and consistency of employment history before and after the offense or conduct;
• Rehabilitation efforts, e.g., education/training; and
• Employment or character references and any other information regarding fitness for the particular position.

See the Office of Attorney General Andrea Joy Campbell’s ‘Brief Guide for Employers That Use Criminal Records in Hiring.’ 

Montgomery County, Maryland Adverse Action Process - In addition to the FCRA Adverse Action Process

Pre-Adverse Action: The process must inform the applicant which records may lead to Final Adverse Action.

Waiting Period: Must wait 7 days after sending a Pre-Adverse Action notice to send the Final Adverse Action Notice.

See Montgomery County Code Chapter 27, Human Rights and Civil Liberties Article XII, Fair Criminal Record Screening Standards Expedited Bill No. 36-14. 

Prince George’s County, Maryland Adverse Action Process - In addition to the FCRA Adverse Action Process

Pre-Adverse Action: Must inform the applicant which records may lead to final Adverse Action.

Individualized Assessment: Must conduct an Individualized Assessment prior to sending a Final Adverse Action Notice.

See Council Bill Reference No. CB-078-2014.

Columbia, Missouri Adverse Action Process - In addition to the FCRA Adverse Action Process

Employers are encouraged not automatically to ban jobseekers with a criminal history. Employers may make final employment-related decisions based on all of the information available to them, including consideration of the frequency, recentness and severity of a criminal record as well as rehabilitation efforts against the duties and responsibilities of the position.

See Code City of Columbia, Missouri Ordinance Number 12-34. 

Kansas City, Missouri Adverse Action Process - In addition to the FCRA Adverse Action Process

Individualized Assessment: Must be conducted prior to sending a Final Adverse Action Notice. This assessment must demonstrate that the employment-related decision was based upon all information available- including consideration of the frequency, recentness, and severity of the criminal record and that the record was reasonably related to the duties and responsibilities of the position. 

See Kansas City, Missouri Code of Ordinances No. Sec 38-104.

St. Louis, Missouri Adverse Action Process - In addition to the FCRA Adverse Action Process

Individualized Assessment Recommended: An employer may only base a hiring or promotional decision on an applicant’s criminal history if the employer can demonstrate that the decision is based on all information available including the frequency, recentness, and severity of the criminal history and the history is reasonably related to the job position.

See St. Louis City Ordinance No. 71074.

New Jersey Adverse Action Process - In addition to the FCRA Adverse Action Process

Pre-Adverse Action: As a best practice, employers should include New Jersey’s Summary of Rights with each Pre-Adverse Action Notice.

See N.J. Stat. §§56:11‐29‐ 56:11‐41.

New York Adverse Action Process - In addition to the FCRA Adverse Action Process

Individualized Assessment: Must be performed per the requirements of NY Corrections Law 23-A.

Candidate Access to Information: Candidates who request a written statement setting forth the reasons for denial must be provided such a statement within 30 days of the request. According to the basic terms of Article 23-1, an employer may not deny or terminate employment on the basis of prior criminal convictions, except under two (2) narrowly defined circumstances:

1. Direct relationship between some or all of the previous criminal offenses and the specific job or position the individual is seeking or holds; or
2. Hiring, or continuing to employ the individual would present an unreasonable risk to the employer’s property, specific individuals, or the general public.

See NY Article 23-A.

New York City, New York Adverse Action Process - In addition to the FCRA Adverse Action Process AND New York state law requirements

Individualized Assessment: To be performed in compliance with NY Corrections Law 23-A. This assessment must be included with the Pre-Adverse Action notice.

Pre-Adverse Action: Employers must:

1. Provide a copy of the Individualized Assessment under NY Corrections Law 23-A with the Pre-Adverse Action Notice, along with a copy of any information relied on to determine an applicant has a criminal record. This is not limited to a criminal background check and includes any information accessed online and independently. This information can include online search results, conversations with third parties, etc. The time and date you accessed the information must be included. Consider using the official Fair Chance Notice provided by the Commission on Human Rights.
2. Request additional information concerning rehabilitation or good conduct from candidates with criminal records.
3. Reassessment after changes to the background check - If the applicant demonstrates that the background check contained an error, employers must conduct the Article 23-A analysis again, based on the correct information. Employers must then follow the Fair Chance Process again, providing the applicant a copy of the corrected inquiry, the Article 23-A analysis, and 3 additional business days to respond.
4. Candidate access to information - Candidates who request a written statement setting forth the reasons for denial must be provided a statement within 30 days of the request, in compliance with NY Corrections Law 23-A.

See New York City Human Rights Law under Local Law 4.

Syracuse, New York Adverse Action Process - In addition to the FCRA Adverse Action Process AND New York state law requirements

Pre-Adverse Action: Employers are required to inform the candidate of the specific information in the background check that could lead to Final Adverse Action.

See General Ordinances of the City of Syracuse Chapter 53-4.

Portland, Oregon Adverse Action Process - In addition to the FCRA Adverse Action Process

Individualized Assessment: Must conduct an Individualized Assessment prior to final Adverse Action.

Final Adverse Action: If an employer rescinds a conditional offer of employment because of an applicant’s criminal history, the employer must notify the applicant of that decision promptly and in writing, identify the specific item of criminal history on which the rescission is based, and provide the source of that criminal history.

This section does not apply to volunteers. 

See Oregon Revised Statute 659A.360.

Pennsylvania Adverse Action Process - In addition to the FCRA Adverse Action Process

Individualized Assessment: All employers in Pennsylvania must assess whether convictions relate to the applicant’s suitability for employment in the position for which the applicant has applied.

Consideration of Records: Employers should only consider pending cases and felony and misdemeanor convictions. Non-convictions should not be used in the hiring decision, nor should summary offenses.

Additional Notice: The employer shall notify in writing the applicant if the decision not to hire the applicant is based in whole or in part on criminal history record information.

See 18 Pa. C.S.A. §9124 and 18 Pa. C.S.A. §9125.

Philadelphia, PA Adverse Action Process - In addition to the FCRA Adverse Action Process AND Pennsylvania state law requirements

Individualized Assessment: Must be performed prior to Final Adverse Action.

Pre-Adverse Action: The Pre-Adverse Action process must provide an explanation as to why disqualification is being considered and must highlight all convictions supporting potential Adverse Action.

Waiting Period: Must wait 10 business days between sending a Pre-Adverse Action notice and sending a Final Adverse Action Notice.

Final Adverse Action: Final Adverse Action Process must inform the candidate of what specifically in the report led to the Final Adverse Action.

See The Philadelphia Code Chapter §9-3500.

Austin, Texas Adverse Action Process - In addition to the FCRA Adverse Action process

Individualized Assessment: Must be performed prior to Final Adverse Action.

Final Adverse Action: This notice must state that the Final Adverse Action was based on criminal history if the results of the background check led to the Final Adverse Action.

See City of Austin Code Ordinance No. 20160324-019 and Resolution No. 20150521-025.

Vermont Adverse Action Process - In addition to the FCRA Adverse Action Process

If the employer intends to deny employment due to a criminal record, it must ‘afford the applicant an opportunity to explain the information and circumstances regarding any convictions including post-conviction rehabilitation.’ A possible solution is to include this invitation to provide information in the Pre-Adverse Action Notice.

See Vermont Statute 21 V.S.A. §495J. 

Seattle, Washington Adverse Action Process - In addition to the FCRA Adverse Action Process

Pre-Adverse Action: You must inform the applicant which specific convictions relate to the job’s responsibilities, thus warranting a denial.

Individualized Assessment: This location requires employers to perform an Individualized Assessment prior to Final Adverse Action.

See Seattle, Washington - Municipal Code Chapter 14.17.

Spokane, Washington Adverse Action Process - In addition to the FCRA Adverse Action Process

Individualized Assessment: Requires an Individualized Assessment be performed prior to Final Adverse Action. Employers must conform to EEOC guidance when taking Adverse Action based on criminal records. No employer may disqualify an employee from applicable employment solely because of a prior arrest or conviction unless the conviction is related to significant duties of the job.

See Spokane Municipal Code Ordinance No. C-35564.

Washington DC Adverse Action Process - In addition to the FCRA Adverse Action Process

Pre-Adverse Action Notice: A copy of the document Notice of Right to File Complaint must be included with a Pre-Adverse Action Notice.

Individualized Assessment: Must conduct an Individualized Assessment prior to sending a Final Adverse Action Notice.

Revocation of Conditional Offer: An employer may only take Adverse Action against an applicant for a legitimate business reason. The employer’s determination of a legitimate business reason must be reasonable in light of the Individualized Assessment, which incorporates EEOC criteria.

Candidate’s Right to Access: If an applicant believes that a conditional offer was terminated on the basis of a criminal conviction, the applicant may request, within 30 days after the Adverse Action, that the employer provide the applicant within 30 days after the receipt of the request:

• A copy of all records procured by the employer in consideration of the applicant, including criminal records; and
• A notice that advises the applicant of his or her opportunity to file an administrative complaint with the Office of Human Rights

See DC Office of Human Rights Guidance No. 16-02.

PLEASE NOTE: This overview is frequently updated, but legal requirements change quickly in some jurisdictions, and MinistrySafe cannot guarantee all information is current. Always consult your attorney for legal advice.