Credit Information Discrimination

Credit Information Discrimination: Three Very Different Legal Approaches

If you believe you were denied a job, fired, or otherwise treated unfairly because of your credit history or credit score, the law protecting you looks very different depending on where you work. Federal law mainly regulates the process of using credit reports. DC goes much further, generally banning the practice outright. Maryland sits in between. For an overview of discrimination law generally, see our Discrimination overview.

Federal Law: The Fair Credit Reporting Act (FCRA)

The FCRA is a procedural law, not an anti-discrimination law. It doesn’t prohibit an employer from using your credit history to make employment decisions — it regulates how they go about it. Covered employers must:

Get your written consent before pulling a credit report for employment purposes
Provide a “pre-adverse action” notice, including a copy of the report and a summary of your rights, before taking action based on it
Provide a final adverse action notice after a reasonable waiting period, explaining your right to dispute the report’s accuracy

If an employer skips these steps, you may have a claim under the FCRA itself. However, the FCRA doesn’t stop an employer from denying you a job because of bad credit, as long as the employer follows the proper disclosure process.

DC: A Near-Total Ban, With Real Discrimination Remedies

DC takes a fundamentally different approach. Since March 17, 2017, the Fair Credit in Employment Amendment Act has generally prohibited DC employers from requiring, requesting, suggesting, or even inquiring about an employee’s or applicant’s credit information at all — not just restricting how it’s used, but banning most employers from asking in the first place. This is enforced by the DC Office of Human Rights as a genuine discriminatory practice, not just a paperwork violation.

If OHR finds a violation, remedies can include hiring, reinstatement, or promotion of the complainant, back pay, compensatory damages, and reasonable attorney’s fees — the same kind of substantive relief available for other DCHRA discrimination claims. There are exemptions for certain positions, such as those legally required to involve a credit check.

Maryland: A Narrower Restriction, With Weaker Remedies

Maryland’s Job Applicant Fairness Act, in effect since October 1, 2011, takes a middle approach. It doesn’t ban employers from requesting credit information the way DC does — it restricts using an applicant’s or employee’s credit report or credit history to decide whether to hire, terminate, or set pay and other conditions of employment, unless a specific exception applies.

Maryland’s exceptions are broader than DC’s, including financial institutions, credit unions, SEC-registered investment advisors, and positions that are managerial, involve access to others’ personal information, carry fiduciary responsibility, or come with an expense account or company credit card.

The remedy structure is also meaningfully weaker than DC’s. Rather than back pay or compensatory damages, a Maryland violation is enforced through a complaint to the Commissioner of Labor and Industry, which can result in a civil penalty — up to $500 for a first violation and $2,500 for repeat violations — rather than the kind of individualized discrimination remedy available in DC.

What You Can Do If You Believe Your Rights Were Violated

In DC: file a complaint with the DC Office of Human Rights, generally within one year of the violation, or go directly to DC Superior Court within two years.
In Maryland: file a written complaint with the Commissioner of Labor and Industry, describing the violation in detail with supporting documentation.
Under the FCRA: you may have a claim if an employer failed to get your consent or provide required notices before or after taking action based on your credit report, regardless of which state you’re in.

Talk to a Credit Information Discrimination Attorney

Whether you have a strong claim, a narrower one, or something that depends on which specific exception might apply, often comes down to exactly where you work and what your job involves. Wilkenfeld Law Office can help you sort through which protections apply to your situation.

Or call 301.245.3035 · Intake@WilkenfeldLO.com

This article provides general information and is not legal advice. Contacting us does not create an attorney-client relationship.

Reviewed by Ari Wilkenfeld, Esq. (DC Bar No. 461063; MD Bar No. 9806240300). Ari has over 27 years of experience litigating in federal and state courts, and before the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Merit Systems Protection Board (MSPB), and various arbitration panels. Ari has been recognized by Esquire Magazine as “a famously determined Civil Rights lawyer” and by the New York Post as “a high powered DC Lawyer.” Last updated: August 28, 2026.