SCOTUS Fair Credit Reporting Act Background Check Standing Case Remanded to Lower Court – Lexology – http://www.lexology.com/library/detail.aspx?g=2877d565-3a14-496e-ab39-7ace11e343c1

WASHINGTON (AP) — Investigators can now probe Twitter, Facebook and other social media sites as a part of background checks for security clearances — something that lawmakers said Friday was a classic case of the government playing catch-up with technology. http://www.bigstory.ap.org/article/e882671d97a245c9bffadbcebd52344c/security-clearance-background-checks-include-social-media

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.

On October 9, 2014 the Montgomery County Council Committee met to discuss Bill 36-14 also referred to as “Ban the Box.” The bill would prohibit certain employers from including a criminal history question on a job application or asking about arrest history or convictions until after a conditional offer of employment has been made. Discussion was had on whether or not a criminal history question could be asked at the completion of an interview.

However more questions were raised as to what exactly would determine the end of an interview. This left some wondering, if additional inquiries were made immediately following the interview, such as clarification of skills or criminal history, would those questions be considered an ongoing part of the interview?

While many questions still remain, one fact is undisputable; individuals with a criminal past will soon be looked at for their qualifications rather than having their applications tossed aside because they checked “yes” in a box.

The chief sponsor of Bill 36-14 is Councilmember Marc Elrich and cosponsored by Councilmembers Cherri Branson, Nancy Navarro, Craig Rice, and Hans Riemer.  Pending approval, the Bill is set to take effect on January 1, 2015, making Montgomery County the second in Maryland to pass such legislation.

To view the HHS/PS Committee Packet used during the Montgomery County Council Committee meeting on 10/09/2014 click here.

Earlier this month, D.C.’s Mayor Vincent Gray signed the Fair Criminal Record Screening Amendment Act of 2014, making the District one of a growing number of jurisdictions to “ban the box.” The law will restrict employers, with more than ten employees, from asking for criminal history information during the application process. The elimination of this question will allow employers to focus on an applicant’s qualifications rather than ruling them out based on their criminal history.

The law, currently under congressional review, is expected to go into effect around the week of October 20, 2014.

Click here to see the Fair Criminal Screening Amendment Act of 2014 in its entirety.