Ban the Box in Baltimore City

Baltimore City is one of more than 100 cities in the United States that has a “ban the box” ordinance, a law that prohibits a hiring employer from asking an applicant if he or she has a criminal record.

Baltimore Mayor Stephanie Rawlings-Blake signed into law Baltimore’s “Ban the Box” ordinance in August 2015.

The “Ban the Box” ordinance requires employers to judge an applicant’s qualifications first without the stigma of a criminal record. It prohibits private employers employing 10 or more full-time equivalent employees in Baltimore City from making an inquiry of any kind about the criminal history of an applicant before a conditional offer of employment is made to the applicant. 

Before a conditional offer has been extended, an employer may not:

• Require any applicant to disclose or reveal whether he/she has a criminal record or otherwise has had criminal accusations brought against him/her;
• Conduct a criminal background check on the applicant; or
• Otherwise make any inquiry of the applicant or of others about whether the applicant has a criminal record or otherwise has had criminal accusations brought against him/her. 

Any person harmed by a violation of the ordinance may file a complaint with the Baltimore Community Relations Commission (BCRC). The BCRC will investigate the complaint and, if a violation is discovered, it may award an applicant or employee back pay for lost wages, reinstatement, compensatory damages and reasonable attorney’s fees.

If you have any questions or seek information about the “Ban the Box” employment law, please email Lebau & Neuworth at lebauneuworth.com/contact-us or call us toll-free at (410) 296-3030.