Restriction Explanation
Key Municipal Employment Restriction on Private Employers Employers in Montgomery County that have 15 or more full-time employees may not search for applicant’s conviction history until after the conclusion of the first interview. If the employer intends to rescind a conditional offer, the employer must then provide the applicant with a copy of the background check and specify the disqualifying information and give the applicant seven days to review the information.
Must Provide Notice If a consumer requests a file disclosure, CRA must provide an additional notice of state rights which includes the name, address and telephone number of the Commissioner of the Department of Labor, Licensing and Regulation.
State Public Employees – Ban-the-Box Provisions State public employers may not inquire into the criminal history of an applicant for employment until the applicant has been interviewed, or provided an opportunity for an interview.
Use of credit report As of October 2011, an employer may not use a credit report to deny employment, discharge an employee, or use of compensation determination. However, per the statute, an employer may request the credit report on an applicant after an offer for employment has been made. The Bill specifically authorizes other types of consumer reports for background screening permitted under the FCRA. ALSO – A credit report may be used for “Bona Fide Purposes” that are substantially job-related and if the obtaining of a credit report is disclosed to the applicant or employee in writing. To see what is covered by Bona Fid Purposes, click on Additional Information. To learn which employers are exempted, click on Exemptions of Note.
Use of Social Media Password Information Employer may not request employee or applicant to disclose his/her user name, password or other means of accessing the personal accounts, social media, etc.