What Ban the Box Will Mean to Employers in Montgomery County, Maryland

On  October 28, 2014 the Montgomery County (Maryland) Council unanimously passed Bill 36-14 or “Ban the Box.” The bill would prevent certain employers from asking about an applicant’s criminal history until after the first interview. Under the bill, if an employer has intentions to withdraw a conditional job offer based on an applicant’s arrest or conviction record, the employer must:

  1. Provide the applicant with a copy of any criminal record report.
  2. Notify the applicant of the intention to rescind the conditional offer and the items that are the basis for the intention to rescind the conditional offer.
  3. Delay rescinding the conditional offer for seven days to permit the applicant to give the employer notice of inaccuracy of an item or items which the intention to rescind the offer is based.

By passing the legislation, Montgomery County, MD joins the growing list of over 70 cities, counties, and states that have already “Ban the Box.” This bill takes effect on January 1, 2015.

*Exceptions are made for individuals working with vulnerable populations or directly with children and for positions in which state or federal law would require a completed background check.