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Ban The Box Complaint

“Ban the Box,” or the Fair Criminal Record Screening Standards Law, helps to make sure that employers make hiring decisions based on relevant work qualifications without improperly considering a person’s criminal record. The law does this by restricting when during the application process an employer can inquire about someone’s criminal history. Ban the Box is part of the County Code, in Chapter 27-7 and 27-8; Article XII. Ban the Box applies to most employers in Montgomery County with 15 or more employees. The law generally prohibits potential employers from:
  1. Asking about any criminal arrest, accusation of crime, or criminal conviction on an employment application.
  2. Conducting any criminal records check or asking about any criminal arrest, accusation of crime or criminal conviction until the conclusion of a first employment interview.
The law also requires employers to provide prior notice to an applicant when rescinding conditional offer based upon a prior arrest or criminal conviction.
You should complete the Montgomery County Office of Human Rights Discrimination Intake/Inquiry Form if you feel that an employer has violated Ban the Box.
If your complaint is based on unlawful questions asked on an employment application (example 1 listed above) please indicate on the form. (a copy of the employment application would be helpful)
If your complaint is based on unlawful questions asked before the conclusion of a first employment interview (example 2 listed above) please indicate on the form.
Once your complaint is accepted, the complaints will be assigned to an investigator.
All employers that are obligated to follow the requirements of Ban the Box and are subject to civil penalties of up to $1,000 for each violation.  All penalties assessed are payable to Montgomery County.  You will not receive any compensation or other damages for a violation of Ban the Box.
Note: If you believe that you have been discriminated against on the basis of any category protected by the Human Rights and Civil Liberties Code (for example, race, religion, sexual orientation, or national origin), you must complete a separate  Discrimination Intake/Inquiry Form  to be filed with the Montgomery County Office of Human Rights to pursue such a claim. 


Montgomery County Office of Human Rights · 21 Maryland Avenue, Suite 330 · Rockville, Maryland 20850
Telephone: 240.777.8450 · Fax: 240.777.8460 · MD Relay: 7-1-1
Email: Human-Rights.Administration@montgomerycountymd.gov

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