Baltimore City recently passed a new law preventing employers within city limits from making inquiries about a job applicant’s criminal record or background before offering that person a “conditional” job offer. The city law, titled "An Ordinance Concerning ‘Ban the Box’— Fair Criminal Record-Screening Practices," makes it illegal for employers within Baltimore City who are hiring for jobs within the city to have a check box or question on paper asking all job applicants about criminal backgrounds. In fact, the law bans all inquires -- spoken or written, direct or otherwise. Once an applicant receives a “conditional” job offer, an employer can make such inquires and conduct criminal background checks before hiring. The Fair Criminal Record-Screening Practices law defines a "conditional job offer" as a job offer subject to express conditions communicated to the job applicant beforehand, such as subject to a criminal background check, security clearance, reference check, or some other “condition.” The Baltimore City law only applies to employers hiring for jobs located within Baltimore City, according to the most recent publicly available draft of Baltimore City Council Bill 13-0301. Employers who serve the infirmed elderly, such as a nursing home, or minors, such as a day care, are exempt and can require applicants to disclose criminal histories from the beginning of the hiring process. The law goes into effect on August 13, 2014, reports Mondaq. If wronged, a job applicant can seek lost pay damages, reinstatement to the job sought and attorney’s fees. Anyone wrongly screened for criminal backgrounds, for jobs within Baltimore City, can file a complaint with the Baltimore Community Relations Commission. -- this is the mandatory first step. The Fair Criminal Record-Screening Practices law also makes it illegal to punish an employee who complains about an illegal background check. If you feel you have been wrongly required to provide this criminal background information (after August 13, 2014), contact Lebau & Neuworth, LLC. We at Lebau & Neuworth are experienced at bringing claims of employment wrongdoing before local, state, and federal agencies and at court. We may be able to help you with Fair Criminal Record-Screening Practices.
