Montgomery County, MD expanded Ban-the-Box

Montgomery County Maryland expanded the scope of the “Ban the Box” law enacted in 2014 with amendments passed late in 2020 entitled the Human Rights and Civil Liberties Fair Criminal Record Screening Standards.

The Montgomery County legislation:

• Alters definitions regarding fair criminal record screening standards;
• Prohibits certain inquiries regarding criminal records;
• Prohibits consideration of certain arrests and convictions in employment decisions; and
• Amends the law regarding criminal record screenings.

Employers with 15 or more employees are not only prevented from asking a candidate about a potential criminal history until after the first interview, inquiries regarding certain crimes are banned altogether. Montgomery County is following a new trend stemming from the Ban the Box movement. Following a new trend, the new Montgomery legislation prohibits employers from conducting an actual pre-employment criminal record check until a conditional offer of employment has been extended.