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Ban the Box,” or the Fair Criminal Record Screening Standards Law, assists in the successful reintegration into the workforce people with criminal records by removing improper barriers to employment. The 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. 
 
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Ban the Box Ordinance                                                                         Ban the Box FAQ   Filing a Complaint
 
Ban the Box Does...
  • Require employers to remove questions about criminal arrests and convictions from their applications.
  • Prevent employers from asking about criminal arrests or convictions until the conclusion of a first interview.
  • Protect job applicants from having criminal background checks done before the conclusion of a first interview.
  • Requires employers to provide prior notice to an applicant when rescinding a conditional offer based upon a prior arrest or criminal conviction.
  • Provide for enforcement by the Office of Human Rights and the Human Rights Commission.
  • Penalize those employers that violate the law and may require them to pay a civil penalty up to $1000 for each violation payable to Montgomery County.













     
Ban the Box Does Not...
  • Prevent employers from ever asking about the criminal record of an applicant or employee. The law only prohibits an employer from asking about an applicant’s criminal record before the conclusion of a first interview.
  • Guarantee that a person with a criminal record will get the job.
  • Cover Criminal Justice Agencies, such as police, fire, courts, corrections and rehabilitation. 
  • Prevent any employer from doing anything authorized by federal, state, county, or regulation.
  • Protect applicants for jobs located outside Montgomery County.
  • Apply to employers with fewer than 15 employess.
  • Award damages to the complainant.














     

 

Montgomery County Office of Human Rights · 21 Maryland Avenue, Suite 330 · Rockville, Maryland 20850
Telephone: 240.777.8450 · Fax: 240.777.8460 · TTY: 240.777.8480
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