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(a) A covered employee who was paid a wage rate less than the County minimum wage in violation of this Article may file a complaint with the Director under Section 27-7.
(b) The County Executive must delegate the authority to enforce this Article to a State agency that:
(1) enforces the State Act; and
Editor’s note—2015 L.M.C., ch. 6, § 1, amends 2013 L.M.C., ch. 34, §2, to state: “Transition. Notwithstanding Section 27-68, as added in Section 1, the County minimum wage, until July 1, 2017, must be the greater of the minimum wage required under the Federal or State Act or:
(a) effective October 1, 2014, $8.40 per hour;
(b) effective October 1, 2015, $9.55 per hour; and
(c) effective July 1, 2016, $10.75 per hour."
2013 L.M.C., ch. 34, § 2, states: “Transition. Notwithstanding Section 27-68, as added in Section 1, the County minimum wage, until October 1, 2017, must be the greater of the minimum wage required under the Federal or State Act or:
(a) effective October 1, 2014, $8.40 per hour;
(b) effective October 1, 2015, $9.55 per hour; and
(c) effective October 1, 2016, $10.75 per hour.”
The Office of Legislative Oversight must provide to the Council, by January 31 of each year, a report containing data related to the implementation of the County minimum wage and the local economy. (2017 L.M.C., ch. 32, §1.)
ARTICLE XII. FAIR CRIMINAL RECORD SCREENING STANDARDS.
(a) Findings.
(1) The U.S. Department of Justice’s Bureau of Justice Statistics (BJS) estimates that over 92 million Americans, roughly one in three adults, have a criminal history record involving an arrest or conviction.
(2) According to the BJS, nearly 700,000 people a year return to their communities from incarceration, and many are job seekers who are ready and able to become part of the work force.
(3) Studies indicate that job applicants are often precluded from even getting an interview when applications require disclosure of whether the applicant has a criminal record.
(4) Lack of employment is a significant cause of recidivism, which threatens public safety and disrupts the financial and general stability of affected families and communities.
(5) Increased government expenditures on law enforcement and social programs, necessitated by the inability of people with criminal records to find gainful employment, are an impediment to the County reaching its potential for economic growth.
(6) Increasing employment of people with criminal records improves public safety and reduces the financial burden on government.
(7) In 2012, the United States Equal Employment Opportunity Commission (EEOC) issued enforcement guidance regarding employers’ use of criminal background information in making employment-related decisions, recommending that the use of such information is job related and consistent with business necessity.
(b) Purpose. It is the purpose of this Article to:
(1) assist in the successful reintegration into the workforce of people with criminal records by removing improper barriers to employment; and
(2) enhance the health and safety of the community by assisting people with criminal records to lawfully provide for themselves and their families.
(c) Definitions. As used in this Article:
Applicant means a person who is considered or who requests to be considered for employment in the County by an employer or a current employee who requests to be considered for a promotion.
Arrest record means information indicating that a person has been apprehended, detained, taken into custody, held for investigation, or otherwise restrained by a law enforcement agency or military authority due to an accusation or suspicion that the person committed a crime.
Conditional offer means an offer of employment or an offer of a promotion that is conditioned solely on:
(1) the results of the employer’s later inquiry into the applicant’s criminal record; or
(2) another contingency expressly communicated to the applicant at the time of the offer.
Conviction record means information regarding a sentence arising from a verdict or plea of guilty or nolo contendre, including a sentence of incarceration, a fine, a suspended sentence, and a sentence of probation.
Criminal record report means a record of a person’s arrest and conviction history obtained from any source.
Director means the Executive Director of the Office of Human Rights and includes the Executive Director’s designee.
Employee means a person permitted or instructed to work or be present by an employer in the County.
Employer means any person, individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity operating and doing business in the County that employs 1 or more persons in the County. Employer includes the County government, but does not include the United States, any State, or any other local government.
Employment means:
(1) any work for compensation; and
(2) any form of vocational or educational training, with or without compensation.
Inquiry or Inquire means any direct or indirect conduct intended to gather information, using any mode of communication.
Inquiry or Inquire does not include:
(1) a question about an applicant’s conviction record or arrest record when the existence of the record is disclosed by the applicant voluntarily and not in response to a question by the employer; or
(2) a question about an applicant’s employment history shown on the application or the applicant’s resume.
Vulnerable adult means an adult who lacks the physical or mental capacity to provide for his or her own daily needs. (2014 L.M.C., ch. 36, § 1; 2020 L.M.C., ch. 35, §1.)
(a) Inquiry on application. An employer must not require an applicant or potential applicant to disclose on an employment application the existence or details of the applicant’s or potential applicant’s arrest record or conviction record.
(b) Preliminary inquiry into criminal record. In connection with the proposed employment of an applicant, an employer must not, at any time before the extension of a conditional offer to the applicant:
(1) require the applicant to disclose whether the applicant has an arrest record or conviction record, or otherwise has been accused of a crime;
(2) conduct a criminal record check on the applicant; or
(3) inquire of the applicant or others about whether the applicant has an arrest record or conviction record or otherwise has been accused of a crime.
(c) Prohibition against inquiry into certain criminal records. In connection with the proposed employment of an applicant, an employer must not at any time require an applicant to disclose, conduct a criminal record check to determine, or otherwise inquire of the applicant or others, whether:
(1) the applicant has been arrested for, or has an arrest record for, a matter that did not result in a conviction; or
(2) the applicant has an arrest record or a conviction record for, or otherwise has been accused of:
(A) a first conviction of:
(i) trespass under §§ 6-402 or 6-403 of the Criminal Law Article of the Maryland Code; or
(ii) disturbance of the peace under § 10-201 of the Criminal Law Article of the Maryland Code;
(B) a conviction of a misdemeanor if at least 3 years have passed since:
(i) the date of the conviction; and
(ii) the date that any period of incarceration for the misdemeanor ended; or
(C) a matter for which records:
(i) are confidential under § 3-8A-27 of the Courts and Judicial Proceedings Article of the Maryland Code; or
(ii) have been expunged under §§ 10-101 – 10-110 of the Criminal Procedure Article of the Maryland Code.
(d) Consideration of Certain Records Prohibited. An employer must not base a hiring or promotion decision upon any item in an arrest record or a conviction record described under subsection (c).
(e) Retaliation. An employer must not:
(1) retaliate against any person for:
(A) lawfully opposing any violation of this Article;
(B) filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this Article; or
(2) obstruct or prevent enforcement or compliance with this Article. (2014 L.M.C., ch. 36, § 1; 2020 L.M.C., ch. 35, § 1.)
(a) If an employer intends to rescind a conditional offer based on an item or items in the applicant’s arrest record or conviction record, before rescinding the conditional offer the employer must:
(1) provide the applicant with a copy of any criminal record report;
(2) notify the applicant of the intention to rescind the conditional offer and the items that are the basis for the intention to rescind the conditional offer; and
(3) delay rescinding the conditional offer for 7 days to permit the applicant to give the employer notice of inaccuracy of an item or items on which the intention to rescind the conditional offer is based.
(b) If an employer decides to rescind a conditional offer based on the arrest record or conviction record of an applicant, the employer must notify the applicant of the rescission of the conditional offer in writing.
(c) Except as provided in this Section regarding the rescission of a conditional offer, nothing in this Article requires an employer to give notice to an applicant of any action of the employer or the basis for any action. (2014 L.M.C., ch. 36, § 1.)
(a) The prohibitions and requirements of this Article do not apply if the inquiries prohibited by this Article are expressly authorized by an applicable federal, State, or County law or regulation.
(b) The prohibitions and requirements of this Article do not apply to the County Police Department, the County Fire and Rescue Service, or the County Department of Corrections and Rehabilitation.
(c) The prohibitions and requirements of this Article do not apply to an employer that provides programs, services, or direct care to minors or vulnerable adults.
(d) The prohibitions and requirements of this Article do not apply to an employer hiring for a position that requires a federal government security clearance. (2014 L.M.C., ch. 36, § 1.)
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