An amendment has been made to Maryland’s Montgomery County ban-the-box legislation that increases restrictions on employers during the hiring process. Effective February 19, 2021, employers with at least one employee (not limited to full-timers) may not require a job applicant to disclose (or ask a job applicant or others) whether the applicant has an arrest record or conviction record or has been accused of a crime, or conduct a criminal record check on the applicant before a conditional offer of employment unless the employer is covered by an applicable exemption under the law. In addition, the Amendment provides that at no time can an employer require an applicant to disclose whether the applicant has been arrested, or has an arrest record, for a matter that did not result in a conviction. Other conditions also apply and, under the ordinance, employers (except the County) also are subject to civil penalties for violations of up to $1,000 for each violation.
