Maryland’s new “Ban the Box” bill went in effect on February 29, 2020. The new law (HB 994/SB 839), which is officially titled "Labor and Employment - Criminal Record Screening Practices (Ban the Box)," prohibits employers with 15 or more employees from asking about an applicant’s criminal record on the initial job application.
Employers may, however, ask about an applicant’s criminal record during the first in-person interview. Nevertheless, the new law provides an important protection to applicants with a past criminal history by allowing them to get “a foot in the door.”
The ban the box law’s definition of employment is broad, including vocational or educational training, with or without pay, contract work, temporary work, or seasonal work. The definition of criminal record is similarly expansive, including but not limited to an arrest, guilty plea, plea of no contest, probation before judgment, or placement on the STET docket.
Applicants are also protected from retaliation by employers for alleging violations of the new law. Employers can be liable for civil penalties up to $300 per violation, although applicants cannot bring a lawsuit for such violations.
In addition to the new protections under the ban the box law, applicants who are discriminated against by a potential employer because of their criminal record may have claims under other anti-discrimination laws, such as Title VII.
If you have been discriminated against by a potential employer because of a past criminal record, the attorneys at Lebau & Neuworth LLC may be able to help. For more information, contact us (410) 296-3030 or lebauneuworth.com/contact-us.
