by Steven Kaplan and Rosa Trembour - Littler

On November 20, 2020, the Montgomery County, Maryland Council approved amendments to its 2014 “ban-the-box” legislation. The original legislation (Bill 36-14) prohibited employers with 15 or more full-time employees in Montgomery County from conducting a criminal background check of a job applicant, or otherwise inquiring about the criminal or arrest history of an applicant, prior to the completion of a first interview. Bill 35-20 expands the scope of the previous legislation by prohibiting background checks until after a conditional job offer has been extended, and redefining “employer” to include any employer with one or more full-time employees in Montgomery County.