Beginning August 15, 2014, employers with 10 or more employees working in Baltimore City must remove questions asking candidates about their criminal backgrounds from their employment applications.  The purpose of the law is to prevent unfair elimination of employees and applicants with criminal histories from employment consideration.  Employers will further be prohibited from questioning prospective employment candidates about their criminal background during the initial interview stages.  Employers will only be allowed to ask about this information once a conditional offer of employment has been made. 

There are two types of criminal history the law addresses: arrest records and conviction records.  Regarding arrest records, employers will be prohibited from asking or requiring applicants to disclose any arrest or criminal accusation that is neither pending and nor resulted in a conviction.

With regard to conviction records, employers will be prohibited from asking or requiring the following during the initial hiring process: (1) asking an applicant about their criminal record, (2) requiring an applicant to disclose his or her criminal record or (3) conducting a criminal record check on an applicant. A criminal record is defined as conviction arising from a verdict or plea of guilty or nolo contendere. Once a conditional offer of employment is extended, an employer may at that time enquire about conviction records.

The Equal Employment Opportunity Commission (“EEOC”), which enforces Title VII, the federal law prohibiting discrimination in employment matters, states that applicant convictions should only be considered by employers when the convictions are “job related.”  In other words, employers should do targeted screening according to the nature of the specific job, and take into consideration the nature of the crime.

It should be noted that the law does not apply to employers who are authorized by law to consider an applicant’s criminal history. For example, a transportation company has the right to inquire into an applicant’s driving convictions, and child/elder care facilities can continue to screen their employees as required by Maryland law.

For violations, applicants or employees can file a complaint with the Baltimore Community Relations Commission. Violations of the law can result in criminal penalties for the employer of up to a $500 fine and 90 days’ imprisonment for each offense.   The Commission may also award any or all of the following remedies: back pay for lost wages caused by the violation, reinstatement to employment, compensatory damages and/or attorneys’ fees.

Employers who will be affected by the new law should immediately review their hiring procedures, including their employment applications to ensure compliance. Any application questions pertaining to an applicant’s criminal history should be removed.

If you are an employer with employees in Baltimore City, contact us today.  The attorneys at C. Dixon Global Law can review your application materials to ensure that they are compliant before the August 15, 2014 deadline.

See Baltimore City ordinance here: http://www.nelp.org/page/-/SCLP/2014/Baltmore_Ordinance_2014.pdf