Statewide ban-the-box is back! General assembly overrides veto

As you may recall, in May 2019, Governor Larry Hogan vetoed the statewide “ban the box” legislation enacted by the Maryland General Assembly during last year's term. The law would have required Maryland employers with 15 or more full-time employees to refrain from asking applicants about their criminal record or any other criminal accusations against them before an in-person interview. On January 30, 2020, the general assembly overrode the governor's veto. As a result, covered Maryland employers need to quickly ramp up their compliance with the legislation, scheduled to take effect on February 29.

Who's covered, and what's required?

The new legislation applies to Maryland employers with 15 or more full-time employees. Keep in mind the definition of employee is very broad under the new statute and is intended to include all types of employment, including part-time, temporary, and seasonal employees, as well as others who may be employed through a temporary placement agency.

The statute prohibits an employer from inquiring about an applicant's criminal background before an actual interview for the position. This means covered employers can no longer have a section or “box” on their employment applications requiring applicants to identify any prior criminal convictions, and they cannot ask that question in advance of the first in-person interview. During the interview, however, they are free to inquire about prior criminal convictions that may have a bearing on the position the applicant is seeking.