Employment Fairness Act for Returning Citizens in Prince George’s County, MD

The Prince George's Employment Fairness Act for Returning Citizens is a new law in Prince George's County, Maryland, designed to provide fair employment opportunities for individuals with criminal records. The new “ban the box” style Act focuses on rehabilitation and integration into society, aiming to reduce barriers to employment for individuals with criminal records by restricting employers from considering certain past convictions during the hiring process. Below is a brief timeline leading up to the act:  

• March 12, 2024 - Initial discussions, community advocacy, and presentation for fair employment practices to help reintegrate citizens with criminal records back into society. 
• May 30, 2024 - The Employment Fairness Act was drafted, incorporating feedback from various community and business groups. 
• June 18, 2024 - Amendments were introduced to the Prince George's County Council. 
• August 1, 2024 - The Act was passed by the Council and officially signed into law.  

Employer obligations and restrictions

The act has several key components of which employers should remain aware of when interviewing candidates or considering rescinding an offer.  

First, the act now applies to employers with 10 or more full-time employees—down from the prior law, which applied only to employers with 25 or more full-time employees.  The result is that the act expands the scope of affected employers. 

Second, there are several restrictions on employers running background checks and throughout the hiring process: 

• Inquiries prohibited - Employers in Prince George's County are restricted from inquiring into or considering certain aspects of a job applicant's criminal history.  
• Timing of criminal record checks - Employers are prohibited from conducting criminal record checks or asking about an applicant's criminal history before a first interview. 
• Record scope - The Act prevents employers from considering: 
  • Nonviolent felony convictions older than five years; 
  • Misdemeanor convictions older than thirty months; 
  • Arrests that did not lead to convictions; and 
  • Any arrest or conviction for possession of marijuana, cannabis, or cannabis-related materials or paraphernalia, provided any sentence for such crime has been completed.

Employers that intend to rescind an offer based on the candidate's arrest or conviction record must also:  

• Provide the candidate with a copy of the criminal record report. 
• Notify the candidate in writing of the intention to rescind the offer of employment and the items that are the basis for this intention. 
• Delay rescinding an offer of employment for seven days to allow the candidate to give notice of any inaccuracies in the criminal record report. The candidate must receive written notice of their rights under this provision. 

Employees and candidates who oppose violations or file complaints are also protected under the law, and employers found in violation may be subject to fines. The act went into effect on September 16, 2024. 

Room for employer action 

Though the act applies to most employers operating and hiring in the county, there is still room for employer action and exemptions for specific roles that involve: 

• Access to sensitive information 
• Direct care of vulnerable adults or minors 
• Roles in public safety 

Additionally, employers with less than ten full-time employees are exempt. To find out more about the restrictions and exceptions to the law, take a closer look at the details here. 

Another step for equal employment 

The Prince George's Employment Fairness Act for Returning Citizens is a significant step towards promoting fair employment practices and reducing barriers to employment for individuals with past criminal records.  Similar initiatives in other jurisdictions that paved the way with ban the box and clean slate laws have shown positive outcomes, making it easier for individuals to reintegrate into society. This gives employers an enhanced candidate pool and supports fair employment practices. 

Employers should consult their legal counsel for more details.