Ban The Box FAQs - Employment

Ban the Box, officially the Fair Criminal Record Screening Standards Revised Law (Bill 35-20), was enacted by Montgomery County Council November 20, 2020, and signed into law by the County Executive on February 19, 2021. The law prohibits employers from inquiring about arrests, accusations of crime, or criminal convictions in the application process before the extension of a conditional offer is made to the applicant.

Ban the Box prohibits potential employers from, before extension of a conditional offer is made:

• On the employment application, inquiring about any (1) arrest or accusation of crime or (2) criminal conviction.
• Before the extension of a conditional offer, (1) inquiring about any arrest or accusation of crime; (2) inquiring about any criminal conviction or (3) conducting any background check or inquiries regarding any arrest, accusation of crime, or criminal conviction.

A potential employer may make inquiry regarding an applicant’s arrest, accusation of crime, or conviction before the extension of a conditional offer is made only if first voluntarily disclosed by the applicant. Once such information is voluntarily provided by the applicant the employer may ask follow-up questions to clarify information. In addition, the potential employer may make inquiries concerning an applicant’s work history when there are gaps in employment.

Assist in the successful reintegration into the workforce of people with criminal records by removing improper barriers to employment and enhance the health and safety of the community by assisting people with criminal records to lawfully provide for themselves and their families. Encourage the hiring of people with criminal records and to ensure that employers screen applicants based on their work qualifications, without sole consideration of their prior criminal history.

February 19, 2021

With certain specified exceptions, the law applies to the County and all private employers doing business in the County that employ 1 or more full-time employees in the County.

The law does not apply to the federal or state government as an employer in the County. The law does not apply to the County Police Department, the County Fire and Rescue Service, or the County Department of Corrections and Rehabilitation. Other exempt employers include those that provide program or services to vulnerable adults or minors and employers requiring federal security clearance. Finally, the law does not apply to inquiries expressly authorized by federal, state, or county law or regulation.

A violation of the Ordinance may require any employer except the County to pay a civil penalty to the County of up to $1,000 for each violation. Complainant will not receive any compensation or other damages for a violation of Ban the Box

The Montgomery County Office of Human Rights enforces the ordinance.

If you feel that your potential or current employer has violated Ban the Box, you can file a complaint with the Montgomery County Office of Human Rights (MCOHR). You can complete a complaint form in person at our office Monday through Friday from 8:30 am - 4:00 pm. You can also print a copy of the form from our website, complete the form and send it to our office. Telephone calls and inquiries are also welcome at any time during business hours.

Your case will be assigned to an investigator for a formal investigation. Every effort will be made to determine the existence of a violation of this ordinance. If a violation is found; every attempt will be made to resolve the complaint. If evidence of no violation is determined, then the case will be dismissed.

For more information on how to file a complaint call the Office of Human Rights at 240-777-8450 or visit the website at www.montgomerycountymd.gov/humanrights .