On November 10, 2020, the Montgomery County Council unanimously enacted Bill 35-20, Human Rights and Civil Liberties-Fair Criminal Record Screening Standards-Amendments. The bill amends the County’s existing Ban the Box law, Bill 36-14, which was passed in 2014 and prohibited employers of 15 or more full time employees in the County from requiring an applicant to disclose criminal history information on an employment application and from conducting a criminal background check until after the conclusion of an initial interview.
A press release from the Council summarized that Bill 35-20 expands the original scope of the legislation, prohibits inquiries into specific crimes, and redefines ‘employer.’
The bill expands the scope to prohibit employers from conducting a criminal record check until after a conditional offer has been extended to the applicant.
The bill also prohibits employers for inquiring into certain criminal records altogether, such as first-time convictions of trespassing, disturbance of the peace, and misdemeanor second-degree assault charges. Additionally, employers cannot ask about a conviction of a misdemeanor if at least 3 years have passed since the date of conviction and the date that any period of incarceration for the misdemeanor ended. Employers are also prohibited from asking applicants about confidential or expunged records. The bill further states that employers cannot consider or base a hiring decision on promotion on any of these items.
Lastly, the bill now requires employers to implement regulations to ensure prospective employees and employers are informed on their rights and responsibilities under the law.
A press release from the Council summarized that Bill 35-20 expands the original scope of the legislation, prohibits inquiries into specific crimes, and redefines ‘employer.’
Amendments Explained:
The bill re-defines employer as any entity operating and doing business in the County that employs 1 or more full time employees in the County. According to the press release, certain types of employers—such as those that provide services to minors or vulnerable adults—are exempt.The bill expands the scope to prohibit employers from conducting a criminal record check until after a conditional offer has been extended to the applicant.
The bill also prohibits employers for inquiring into certain criminal records altogether, such as first-time convictions of trespassing, disturbance of the peace, and misdemeanor second-degree assault charges. Additionally, employers cannot ask about a conviction of a misdemeanor if at least 3 years have passed since the date of conviction and the date that any period of incarceration for the misdemeanor ended. Employers are also prohibited from asking applicants about confidential or expunged records. The bill further states that employers cannot consider or base a hiring decision on promotion on any of these items.
Lastly, the bill now requires employers to implement regulations to ensure prospective employees and employers are informed on their rights and responsibilities under the law.