Maryland Legislature Overrides Governor Veto of Ban the Box Legislation

February 06, 2020

The Maryland General Assembly has voted to override Governor Larry Hogan’s veto of an “Act Concerning Record Screening Practices (Ban the Box)” (“the Act”). The Act prohibits employers from “requir[ing] an applicant to disclose whether the applicant has a criminal record or has had criminal accusations brought against the applicant” prior the applicant’s first in-person interview. The Act includes an effective date of January 1, 2020, and applies to employers who employ “15 or more full-time employees.” The Act does not apply to employers who provide “programs, services or direct care to minors or to vulnerable adults.” Additionally, the Act does not prohibit an employer from making inquiries that are required by federal or state law. In enacting this legislation, Maryland joins 13 other states that have similar “ban the box” laws that apply to private employers.