Maryland: Despite a Veto, Statewide Ban-the-Box Comes Into Play

APPLIES TO

All Maryland Employers with 15+ Employees

EFFECTIVE

February 29, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Despite being previously vetoed by Governor Hogan, the Criminal Records Screening Act went into effect on February 29, 2020, because of state legislation that overrode the governor’s veto on January 30, 2020. The Act implements statewide ban-the-box provisions, though it does not preempt the more expansive local ordinances already implemented in Baltimore City or Montgomery and Prince George’s Counties.

The new statewide provisions cover employers with 15 or more full-time employees, and prevents employers from inquiring into applicants’ criminal history prior to an in-person interview. Employers may require applicants to disclose criminal history information during the interview, but at no point prior to the first in-person interview. As is typical of other ban-the-box provisions, this provision does not apply to positions where federal or state law mandates or permits employers to inquire into criminal history, or if the employer provides services to minors or vulnerable adults.

While the statewide law does not preempt local ordinances, employers should pay attention to the differences highlighted below:

Region Applies to Employers of… Timing for Criminal History Inquiries Adverse Action Notice Requirements
Statewide 15+ Employees During and after the initial interview No adverse action notice requirement
Baltimore City 10+ Employees After a conditional offer of employment is extended No adverse action notice requirement
Montgomery County 15+ Employees After the initial interview

 

Must provide pre- and final adverse action notices to applicants if a conditional offer of employment is withdrawn based on criminal history
Prince George’s County 25+ Employees After the initial interview

 

Must provide pre- and final adverse action notices to applicants if a conditional offer of employment is withdrawn based on criminal history

Action Items

  1. Review job postings and employment applications for compliance with the new regulations.
  2. Update hiring practices to coincide with appropriate timing requirements.
  3. Have hiring managers trained on the new requirements.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2020 ManagEase

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