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

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:

Action Items