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30 Dec

December 2020 Maryland HR Legal Updates

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Montgomery County Amends Ban-the-Box Legislation

What happened?
Montgomery county, the most populous county in Maryland, has amended the Ban-the-Box legislation, Bill 36-14, to be more restrictive.

What are the details?
The amendments make the county wide bill now more restrictive than the state wide Ban-the-Box legislation.

The key changes that were made to the existing law are:

  • Timing of criminal record inquiry: Permitted only after a conditional offer of employment is extended to the applicant.
  • Prohibited inquiries:  Employers may not inquire into whether:
    • The applicant has been arrested for a matter that did not result in a conviction;
    • The applicant has a first conviction for trespass, disturbing the peace, or misdemeanor assault in the second degree; or
    • The applicant has a misdemeanor conviction, if at least three years have passed since the date of conviction and the date that any period of incarceration for the misdemeanor ended.
  • Definition of “employer”:  The amendments redefine employer as “any person, individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity operating and doing business in the County that employs 1 or more persons full-time in the County. Employer includes the County government, but does not include the United States, any State, or any other local government.”

An article covering all of Maryland’s Ban-the-Box legislation can be found here.

What do employers need to do?
Employers with employees within Montgomery County MD should review their hiring practices and the above changes to ensure compliance with local laws.