Vetoed by Governor Larry Hogan, Jr.

Vote Smart's Synopsis:

Vote to adopt a conference report that prohibits employment discrimination on the basis of an applicants criminal history.

Highlights:

• Prohibits an employer from, at any time before the first in-person interview, requiring an applicant disclose whether they have a criminal record or have had criminal accusations brought against them (Sec. 1).

• Authorizes an employer to require an applicant to disclose during the first in-person interview with the applicant whether they have a criminal record or have had criminal accusations brought against them (Sec. 1).

• Defines “criminal record” as (Sec. 1):

• An arrest;

• A plea or verdict of guilty; 

• A plea of nolo contendere; 

• The marking of a charge “stet” on the docket; 

• A disposition of probation before judgment; or

• A disposition of not criminally responsible.

• Prohibits an employer from taking or refusing to take a personnel action or otherwise retaliate or discriminate against an applicant or employee as a reprisal for the applicant or employee from having claimed a violation of the requirements of this act (Sec. 1).

• Authorizes the Commissioner of Labor and Industry to conduct an investigation to determine whether the requirements of the criminal history screening have been violated on a receipt of a written complaint of an applicant or employee (Sec. 1).

• Requires the Commissioner to, if they determine that an employer has violated any provision of this act, issue an order compelling compliance for a first violation, and for each subsequent violation, may assess a civil penalty of up to $300 for each applicant for employment or employee with respect to whom the employer violated any provision of this act (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report that prohibits employment discrimination on the basis of an applicants criminal history.

Highlights:

• Prohibits an employer from, at any time before the first in-person interview, requiring an applicant disclose whether they have a criminal record or have had criminal accusations brought against them (Sec. 1).

• Authorizes an employer to require an applicant to disclose during the first in-person interview with the applicant whether they have a criminal record or have had criminal accusations brought against them (Sec. 1).

• Defines “criminal record” as (Sec. 1):

• An arrest;

• A plea or verdict of guilty; 

• A plea of nolo contendere; 

• The marking of a charge “stet” on the docket; 

• A disposition of probation before judgment; or

• A disposition of not criminally responsible.

• Prohibits an employer from taking or refusing to take a personnel action or otherwise retaliate or discriminate against an applicant or employee as a reprisal for the applicant or employee from having claimed a violation of the requirements of this act (Sec. 1).

• Authorizes the Commissioner of Labor and Industry to conduct an investigation to determine whether the requirements of the criminal history screening have been violated on a receipt of a written complaint of an applicant or employee (Sec. 1).

• Requires the Commissioner to, if they determine that an employer has violated any provision of this act, issue an order compelling compliance for a first violation, and for each subsequent violation, may assess a civil penalty of up to $300 for each applicant for employment or employee with respect to whom the employer violated any provision of this act (Sec. 1).

Full Bill Text