September 22, 2023


Equality opinion

Montgomery County Expands Its ‘Ban-the-Box’ Law

Maryland’s Montgomery County has enacted an amendment to the county’s ban-the-box laws that improves constraints on employers through the employing system. The Modification will just take result on February 19, 2021.

The initial Montgomery County ordinance, which took outcome on January 1, 2015, prohibits employers with at the very least 15 complete-time personnel in Montgomery County from conducting a felony track record look at on a job applicant, or in any other case inquiring about the criminal or arrest history of an applicant, prior to the completion of a very first interview. (See our post, Maryland, Missouri Localities Enact Ban-the-Box Rules Limiting Non-public Employers’ Prison Background Inquiries on Candidates.) The new amendment drastically expands this restriction and covers lesser businesses.

Constraints, Exemptions, and Necessities

Under the Amendment, employers (such as the Montgomery County authorities) with at the very least one personnel (not constrained to entire-timers) in Montgomery County might not require a position applicant to disclose (or request a task applicant or other individuals) regardless of whether the applicant has an arrest document or conviction file or has been accused of a criminal offense or perform a legal report test on the applicant just before a conditional give of work, until the employer is lined by an relevant exemption under the regulation. For case in point, if an previously inquiry is required by one more federal or point out regulation or area regulation, an employer may well do so. Employers that deliver systems, companies, or direct treatment connected to minors or vulnerable older people also are exempt.

In addition, the Amendment supplies that at no time can an employer call for an applicant to disclose regardless of whether:

1. The applicant has been arrested, or has an arrest record, for a make any difference that did not outcome in a conviction or

2. The applicant has an arrest file or a conviction record for, or if not has been accused of:

a. A initial conviction for:

i. Trespass (under Sections 6-402 or 6-403 of the Felony Regulation Post of the Maryland Code)

ii. Disturbance of the peace (below Section 10-201 of the Legal Legislation Write-up of the Maryland Code) or

iii. Assault in the 2nd degree (underneath Section 3-203 of the Legal Legislation Article of the Maryland Code)

b. A conviction of a misdemeanor if at least 3 many years have passed considering the fact that:

i. The date of the conviction and

ii. The date that any period of time of incarceration for the misdemeanor ended or

c. A matter for which documents:

i. Are private below Section 3-8A-27 of the Courts and Judicial Proceedings Write-up of the Maryland Code or

ii. Have been expunged less than Sections 10-101-10-110 of the Criminal Technique Post of the Maryland Code.

The Modification expressly prohibits companies from thinking about certain objects relating to confidential and expunged conviction information when building selecting selections and even when generating promotion choices.

Businesses also are prohibited from retaliating from everyone alleging a violation of the Modification or testifying, aiding, or collaborating in any method in an investigation, proceeding, or hearing connected to a violation of the Amendment.

The Modification does not protect against companies from pursuing a dialogue with an applicant about the existence of a conviction or arrest record when voluntarily disclosed by the applicant and it is not in any other case in response to a query by the employer. Businesses, however, require to be mindful of any authorized things to consider just before making an work selection, in total or in component, based mostly upon such details, which include what steps might be expected less than background test legal guidelines.

The Modification does not apply to the United States, any condition, or any other area governing administration, other than the Montgomery County government.

Enforcement and Penalties

The Montgomery County Government Director is approved to enforce the Amendment and is demanded to adopt laws to advise future personnel and businesses of their legal rights and tasks underneath the Amendment. To day, those laws have not been posted.

Any man or woman aggrieved by an employer under the Amendment and Ordinance can file a grievance with the Executive Director. Damages and penalties accessible beneath the Ordinance are out there to aggrieved individuals for violations of the Amendment. Below the Ordinance, companies (apart from the County) also are matter to civil penalties for violations of up to $1,000 for every violation.

State and Other Neighborhood Ban-the-Box Rules

Maryland enacted a state-large ban-the-box law that took outcome on February 29, 2020. (See our report, Maryland Will become Newest Point out to ‘Ban the Box’.) Baltimore Town and Prince George’s County also have their very own ban-the-box legislation.

Jackson Lewis P.C. © 2020
Countrywide Regulation Critique, Volume X, Quantity 342