Category: Montgomery County

Montgomery County Maryland Passes Bill to Ban the Box

Montgomery County Ban the Box

Special Announcement to all Montgomery County, MD employers :

On 10/28/2014, the Montgomery County Council passed an ordinance that restricts employers in the city from asking about criminal record information. The ordinance will become effective on 01/01/15.

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Under the ordinance, the following restrictions, among others, will apply:

In connection with the proposed employment of any applicant or a current employee who requests to be considered for a promotion, a covered employer may not, at any time before the conclusion of a first interview for employment:

1) Require the applicant to disclose or reveal whether he or she has a criminal record
2) Conduct a criminal record check on the applicant
3) Otherwise make any inquiry of the applicant or others about whether the applicant has a criminal record

If an employer intends to rescind a conditional offer based on an applicants’ criminal record, the employer must:

1) Provide applicant with a copy of any criminal record report
2) Notify applicant of the items that are basis for the intention to rescind
3) Delay rescinding offer for 7 days to allow for disputes

There are some exceptions regarding inquiries into criminal history:

1) Actions expressly required or authorized by law
2) Certain County agencies
3) Facilities servicing minors or vulnerable adults

The full text of this ordinance is available here: Montgomery County Maryland County Council Bill No. 36-14

This law will require a review of the hiring process in place and may require changes to that process. Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law. It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.
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