Ban-the-Box laws across the country and across many jurisdictions can be very different from each other and can cause great confusion to hiring managers trying to be compliant. These such laws can vary drastically from one another creating a big challenge for HR departments and hiring managers trying to be consistent in their hiring practices.

A recent modification in Montgomery County’s Ban-the-Box law highlights how laws governing the use of criminal history records can change quickly and, potentially, cause confusion to hiring managers and HR departments. Any jurisdiction, city, county or state can create a Ban-the-Box law and each law can be significantly different from other similar laws and, additionally, create confusion regarding the legal use of Criminal History reports as a part of pre-employment background screening.

Montgomery County recently upgraded an existing Ban-the-Box law, one that is more restrictive than those in nearby and neighboring cities and counties as well as the state of Maryland, thereby creating the potential for significant confusion with hiring managers and HR departments. The action by Montgomery County highlights the challenges hiring and HR departments face daily with overlapping law and suggests the use of a well-qualified third-party pre-employment background screening agency remains a best practice.

Recently, Montgomery County, in Maryland, updated an existing Ban-the-Box law. The new law creates greater restrictions and control regarding the use of criminal history questions on employment applications as well as the use of Criminal History records as a part of pre-employment background screening.

From ConnectNewspapers.com on November 19, 2020:

Last week, the Montgomery County Council unanimously enacted Bill 35-20, Human Rights and Civil Liberties – Fair Criminal Record Screening Standards – Amendments, which aims to help prevent workplace discrimination by prohibiting background checks prior to the extension of a conditional offer of employment and preventing inquiries into certain types of arrests and convictions. Councilmember Will Jawando is the lead sponsor of this legislation.

Bill 35-20 expands the scope of the law by prohibiting background checks until after a conditional job offer has been extended. The bill also prevents inquiries about certain crimes altogether. In addition, it redefines “employer” to include any employer in the County, except certain types of employers such as those that provide services to minors or vulnerable adults. ^{connectionnewspapers.com/news/2020/nov/19/montgomery-county-council-enacts-ban-box-bill/}

Any change to Ban-the-Box laws or any law related to pre-employment background screening should force a Hiring Manager and/or HR department to take immediate note. In light of the drastic differences between these laws and the overlapping of such laws at different levels of the government it is clear that more consistency is needed to avoid confusion and non-compliance.

At this point in time it is imperative that businesses and organizations understand the intricacies of ban-the-box laws that affect them and a best approach is to partner with a well-qualified employment screening company which can assist them in becoming and remaining compliant and aware of such changes in law.

To read more about this subject read recent press release: Change in Ban-the-Box Law Highlight Challenges for Hiring Managers & HR Depts.; Opines CriminalBackgroundRecords.com