Hiring
Advertising
What are the requirements relating to advertising open positions?
Other than the general prohibition against discrimination based on protected characteristics, Maryland law does not impose any other requirement on advertising open positions.
Background checks
(a)Criminal records and arrests
Maryland enacted a Ban-the-Box law in 2020, prohibiting criminal background inquiries at the initial application stage, although such inquiries may be made at or after the first in-person interview. The law provides exceptions where an employer is required or authorized to seek such information by Federal or State law or where an employer provides programs, services, or direct care to minors or vulnerable adults (meaning someone lacking the mental or physical capacity to provide for his/her own daily needs). Of course, once in receipt of such information, the employer should be careful to utilize it in a manner that would not violate any discrimination laws. (Md. Code Ann. Lab. & Emp. §§ 3-1501 et seq.)
In addition, several local jurisdictions, including Baltimore City, Prince George’s County and Montgomery County, have enacted ordinances prohibiting inquiries until the first interview or even until a conditional offer of employment has been made, unless otherwise required or permitted by law.
Maryland’s Second Chance Act permits an individual to petition the court to shield certain specific misdemeanor convictions from public disclosure. A “shielded” conviction...
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