Delaware, Baltimore pass ban-the-box legislation

Add the state of Delaware and the city of Baltimore, Md., to the list of cities and states that have passed “ban the box” legislation. Delaware is now the 12th state to officially pass statewide ban-the-box laws. Delaware Gov. Jack Markell signed an order on May 8 prohibiting public-sector employers from asking about or conducting criminal background checks prior to an applicant’s first interview. Candidates will no longer be required to check a box stating whether or not they have a criminal record, and in addition, Delaware will no longer ask for credit scores or credit history prior to an initial interview. Gov. Markell heavily emphasized the role that passing this legislation could have in the equal treatment of those who have repaid their debt to society. Those who have criminal records will now be eligible for jobs without fear of discrimination. “We cannot accept the human tragedy that occurs when those who we incarcerate — who have the intention and ability to rejoin mainstream society — return to a destructive lifestyle because we erect barriers that deny them fair opportunities,” Gov. Markell said. He also thanked State Representative J.J. Johnson for Johnson’s efforts in sponsoring the bill. The week before, Baltimore City Council also passed city-wide “ban the box” legislation. In a 10-4 vote, the council decided that private employers with more than 10 employees must not require applicants to check a box on their job applications stating whether or not they have a criminal history. Unlike in Delaware, Baltimore employers will not be able to ask about criminal history until after a candidate has received a conditional offer of employment. (Employers such as school districts, in which those with felony convictions are not allowed to work legally, are exempt from the new law.) Some employers in the private sector in the Baltimore area have expressed opposition to the legislation, stating that they should be allowed to ask about criminal history in the interview, or possibly even earlier. Maryland already has laws on the books about how public governing agencies can go about asking candidates for their criminal histories. Baltimore Mayor Stephanie Rawlings-Blank has expressed her support for the ban-the-box legislation, and is expected to sign it.]]>