Montgomery County, Maryland Passes Bill to “Ban-the-Box” on Criminal Records

(Last Updated On: June 14, 2018)

Montgomery County, Maryland Passes Bill to Ban the Box on Criminal Records

Special Announcement to all Montgomery County, MD employers:

On October 28th, 2014, the Montgomery County Council passed Bill No. 36-14 to “Ban-the-Box”. This bill restricts employers in the city from asking about criminal records. The ordinance will become effective on January 1st, 2015.

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 the 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 records, the employer must:

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

There are some exceptions regarding inquiries into criminal records:

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

See the full text of this ordinance 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. 

In order to comply with this law, Justifacts recommends that you consult with your legal department. This will help your company determine what changes need to be made to your hiring process.

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. 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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