Prince George’s County Employment Fairness Act 2024: Key Updates for Employers
Stay compliant with Prince George’s County’s 2024 Employment Fairness Act. Understand key updates and restrictions for employers conducting background checks on applicants.
In 2015, Prince George’s County introduced a “Ban the Box” law, CB-078-2014, designed to provide returning citizens a fair chance at employment by limiting when and how employers could inquire into an applicant’s criminal history. The law was groundbreaking at the time, ensuring that individuals with criminal records were not unfairly excluded from job opportunities. Fast forward to 2024, and the county has revised and expanded these protections through the newly enacted Employment Fairness Act for Returning Citizens, CB-019-2024.
As of September 16, 2024, the new Act replaces the original and brings several significant changes that employers need to be aware of. As the title suggests, the Employment Fairness Act for Returning Citizens aims to enhance the fairness of employment practices in the county, particularly for individuals re-entering the workforce after a criminal conviction.
Key Changes
Reduced Employer Scope
One of the most notable changes in the new ordinance is the reduction in the threshold for employer coverage. Under the previous law, only employers with 25 or more full-time employees were required to comply. The new Act lowers this threshold to 10 or more employees in the county, significantly expanding the number of businesses subject to these regulations. This change reflects the county’s commitment to ensuring fair employment practices across a broader range of employers.
Prohibited Inquiries: Expanded Protections for Applicants
The Employment Fairness Act introduces new prohibitions on the type of criminal history information employers can consider, further protecting applicants from discrimination based on their past.
Nonviolent Felonies: Employers are now prohibited from inquiring into or considering the conviction records of applicants for nonviolent felonies if the sentence was completed at least five years (60 months) prior to the application. This is a key expansion from the previous law, which did not specify such restrictions based on the nature of the felony.
Misdemeanors: Similar to nonviolent felonies, the Act now bars employers from considering misdemeanor convictions if the sentence was completed at least 30 months ago.
Arrest Records: The new ordinance takes a firm stance against the consideration of arrest records that did not result in a conviction. Employers cannot inquire into or consider such records, except for arrests that resulted in probation before judgment, which must then be treated as a misdemeanor for employment purposes.
Marijuana and Cannabis-Related Offenses: Reflecting changing attitudes and legal landscapes surrounding marijuana, the Act prohibits employers from considering any arrests or convictions related to the possession of marijuana, cannabis, or related paraphernalia, provided the sentence has been completed. This prohibition does not apply if the conviction involved an intent to distribute, where employers may still consider such records.
Former Council Member Mel Franklin explained the distinction between the new legislation and existing “ban the box” laws, stating:
“While the state and county’s ‘ban the box’ laws only delay the consideration of a conviction record until after an interview, they still allow employers to deny an offer based on that record before the final employment decision. This new legislation goes further by prohibiting the consideration of certain convictions entirely, provided enough time has passed since the sentence was served.”
Implementation and Compliance
Prince George’s County employers must adjust their hiring practices to comply with the new Employment Fairness Act. This includes revising job applications, updating interview procedures, and training HR personnel to ensure they are not making prohibited inquiries or considerations regarding an applicant’s criminal history.
In cases where an employer does consider a permissible criminal record—such as a recent conviction for a violent felony or a conviction involving an intent to distribute marijuana—they must conduct an individualized assessment. This assessment must consider only those specific offenses that may demonstrate unfitness for the duties of the position sought, the time elapsed since the offense, and any evidence of inaccuracy in the record.
Enforcement and Penalties
The Prince George’s County Office of Human Rights is tasked with enforcing this new law. Employers found in violation may be subject to fines as stipulated by County or State law. Additionally, the Act protects individuals who oppose violations, file complaints, or participate in related investigations from retaliation by their employers.
Moving Forward
The Employment Fairness Act for Returning Citizens represents a significant step forward in ensuring that individuals with criminal records, particularly those who have served their sentences, are given a fair opportunity to reintegrate into society through gainful employment. To comply with this new law, employers should take immediate steps to understand and implement the necessary changes to their hiring processes.
As this legislation comes into effect, employers must stay informed and proactive in adapting to these changes.
Release Date: September 12, 2024
Alonzo Martinez
Alonzo Martinez is Associate General Counsel at HireRight, where he supports the company’s compliance, legal research, and thought leadership initiatives in the background screening industry. As a senior contributor at Forbes, Alonzo writes on employment legislation, criminal history reform, pay equity, AI discrimination laws, and the impact of legalized cannabis on employers. Recognized as an industry influencer, he shares insights through his weekly video updates, media appearances, podcasts, and HireRight's compliance webinar series. Alonzo's commitment to advancing industry knowledge ensures HireRight remains at the forefront of creating actionable compliance content.