Reference No. CB-078-2014    Draft No.
Type: Council Bill Status: Enacted
Meeting Body County Council
Meeting Date 11/19/2014
Introduced Date 10/21/2014 Public Hearing Date
Effective date: 1/20/2015    
Title: AN ACT CONCERNING ADMINISTRATION for the purpose of prohibiting certain employers from conducting a criminal background check or otherwise inquiring into an applicant’s criminal record until the conclusion of a first interview; requiring certain employers to provide prior notice to an applicant or employee when taking an adverse action concerning the applicant’s or employee’s employment; providing for enforcement by the Executive Director of the Human Relations Commission; and generally regulating the use of criminal records in the hiring process by certain employer.
Proposers/Sponsors: Obie Patterson, Derrick Leon Davis, Mel Franklin, Andrea C. Harrison, Karen R. Toles
Code sections: 02-231.02 - , 02-231.03 - , 02-231.04 - , 02-231.05 - , 02-231.06 - , 02-231.07 - , 02-231.08 -
Attachments: 1. B2014078.pdf, 2. CB-078-2014 AIS, 3. CB-78-2014 Report.pdf
Contact: Colette R. Gresham, Legislative Officer
Title
AN ACT CONCERNING ADMINISTRATION for the purpose of prohibiting certain employers from conducting a criminal background check or otherwise inquiring into an applicant's criminal record until the conclusion of a first interview; requiring certain employers to provide prior notice to an applicant or employee when taking an adverse action concerning the applicant's or employee's employment; providing for enforcement by the Executive Director of the Human Relations Commission; and generally regulating the use of criminal records in the hiring process by certain employer.
 
Background
The proposed legislation would prohibit certain employers from conducting a criminal background check or otherwise inquiring into an applicant's criminal record before making a conditional offer of employment.  "Ban the Box" legislation has been adopted or enacted in several state and local jurisdictions, most recently in the City of Baltimore in May of this year.  These laws prohibit the use of a check-box on job applications indicating whether or not the applicant has a criminal record.  "Ban the Box" laws began in Hawaii in 1998 and there are now 11 states, including Maryland, and over 50 local jurisdictions that have adopted some form of the laws.  The laws take various forms ranging from applying to only public or government employers or going further to apply to private contractors doing business with the jurisdiction or all private employers.  "Ban the box" laws benefit public safety by reducing recidivism as well as the economic benefit of increasing employment of people with criminal records and decreasing expenditures on law enforcement and social services.
 



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