We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
Guidance
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.
STATE LAWS — PUBLIC SECTOR
Who must follow: This ban-the-box law applies only if you are public employer for the State of Maryland.
Timing of inquiry: Public employers for the State of Maryland may only inquire into criminal history after the applicant has been provided an opportunity for an interview.
Who must follow: All employers with 15 or more employees (public and private).
Timing of inquiry:
Employers may not require an applicant to disclose whether the applicant has a criminal record or has had criminal accusations brought against the applicant at any time before the initial interview.
An employer may require an applicant to disclose this information during the first in-person interview with the applicant.
Exceptions apply where allowed by state or federal law, as well as for employers providing programs, services, or direct care to minors or vulnerable adults.
Who must follow: This ban-the-box law applies only to public sector employers for the City of Baltimore, MD.
Timing of inquiry: Public employers for the City of Baltimore may only inquire into criminal history at the final stages of the hiring process and if the position is considered “a position of trust.”
Adverse action implications:
Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.
Who must follow: This ban-the-box law applies to all employers in Montgomery County, MD, with 15 or more full-time employees.
Timing of inquiry: Employers in Montgomery County may not inquire into criminal history until after the first interview.
Adverse action implications:
Pre-adverse action. The pre-adverse action process must inform the applicant which records may lead to final adverse action.
Waiting period. Employers covered by this law must wait 7 days between sending a pre-adverse action notice and the final adverse action notice. If the candidate provides rebuttal information, you must wait a reasonable time before taking final AA. We recommend waiting another 7 days.
PRINCE GEORGE’S COUNTY, MD – PUBLIC AND PRIVATE SECTOR
Who must follow: This ban-the-box law applies to all employers, both public and private, doing business in Prince George’s County that employ at least 25 people in the county.
Timing of inquiry: Employers in Prince George’s County may not inquire into criminal history until after the first interview.
Adverse action implications:
Pre-adverse action. Your pre-adverse action notice must state which records may lead to final adverse action.
Holding job open. If within 3 days after providing the pre-adverse action notice to the applicant, the applicant gives notice of inaccuracy on the report, the employer must delay final adverse action for a reasonable period and reconsider the final adverse action in light of the information.
Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.
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