Prince George County, Maryland Bans the Box - December 12th, 2014

Effective January 20th, 2015 Prince George’s County Maryland will be added to the list of jurisdictions that have banned the box. The law prohibits any employer who employs 25 or more full time employees in Prince George’s County from asking on an employment application or prior to the conclusion of a first interview, if an applicant has an arrest or conviction history or performing a criminal history check on the individual.  The law does not apply if the inquiry into a person’s criminal history is required by federal, state, or county law or regulation, County public safety agencies or to positions that, in the judgment of the County, have access to confidential or proprietary business or personal information, money or items of value, or involve emergency management or employers that provide services or direct care to minors or vulnerable adults.

Prior to the denial of employment based on a criminal history, the employer is required to perform an individualized assessment considering only specific offenses that are related to the position, the time since the offense occurred and any evidence that the record may be inaccurate. If the employer does rescind an offer of employment, they must provide the applicant with a copy of the criminal report, along with the specific reasons that are the basis for denial, and delay the rescinding of the offer for 7 days to permit the applicant to notify the employer of any inaccurate information in the report.  Any notice to rescind an offer of employment must be supplied to the applicant in writing.  Complaints for violations can be filed with the County Human Rights Commission.

The full text of the legislation can be found on the Prince George’s County website. http://www.princegeorgescountymd.gov/Pages/default.aspx