New Bill Would Delay Criminal Background Checks On Job Candidates

ROCKVILLE, MD — Montgomery County lawmakers are considering a bill that would prohibit employers from asking certain job applicants about their criminal history and conducting background checks prior to extending a conditional offer.

Bill 35-20, set to be introduced at Wednesday's council session, would expand the scope of an existing "Ban the Box" legislation, which was enacted by the County Council in 2014. Currently, employers with 15 or more employees cannot conduct criminal background checks on job candidates, or otherwise inquire about their criminal or arrest history, prior to the completion of a first interview.

"The majority of Montgomery County's businesses are small businesses, with 70 percent of all county establishments carrying 15 or fewer employees on payroll," said Councilmember Will Jawando, the lead sponsor of the bill. "This serves to impose greater difficulty upon those residents seeking employment who have an arrest or conviction on their records. While the prohibition would be in effect for the majority of the hiring process, this amendment, as in the case with the original bill, would not prohibit job candidates from being asked about an arrest or their criminal record prior to the final job offer. "

The newest legislation is designed to accomplish three purposes:

• redefine the term "employer" to include any person, proprietorship, partnership, joint venture, corporation, or other entity that employs at least one full-time employee in the county
• bar employers from asking job applicants if they've been arrested, or have an arrest or conviction record related to certain crimes
  • that includes, but is not limited to, a first conviction of trespass or disturbance of the peace
• require the county executive to adopt regulations to inform prospective employees and employers of their rights and responsibilities