Councilmembers to Introduce ‘Ban the Box’ Bill

Legislation would prevent employers from knowing about a possible employees' criminal record in initial interviews

July 15, 2014 8:54 a.m.

A trio of Montgomery County councilmembers plans to introduce legislation that would ban employers from asking potential employees on initial job applications whether they have criminal records.

Councilmembers Marc Elrich, Cherri Branson and Nancy Navarro plan to detail aspects of the bill at a news conference on today. The legislation is tentatively scheduled for a public hearing on Sept. 9.

The nickname for the legislation, “ban the box,” comes from the now ubiquitous question on employment forms that asks applicants to check a box if he or she has a criminal record. This can often result in applicants with criminal records being eliminated quickly in the hiring process, even if they’re qualified for jobs, according to proponents of similar legislation being pushed elsewhere.

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Illinois, Massachusetts, Minnesota and Rhode Island are among the states that already have “ban the box” laws in place. The District is currently considering a similar bill.

“We cannot afford to perpetuate practices that make it impossible for people who have made mistakes and have paid for those mistake to re-enter the community with the prospect of finding a job and becoming a productive member of society,” Elrich said in a press statement. “People can—and do—redeem themselves. By having these unnecessary barriers to employment, we condemn former offenders and their families to poverty and struggle. This bill will help provide a way to fully reintegrate people into our communities.”

The bill would provide exceptions for some county employers, including the police department, department of corrections, rehabilitation programs and child care services.

An employer will have the right to check an applicant’s criminal status, but only if the employer makes an initial offer, according to the bill.

Council President Craig Rice and Councilmember Hans Riemer are co-sponsors of the bill.

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