Ban The Box - File a Complaint

“Ban the Box,” or the Fair Criminal Record Screening Standards Law, helps to make sure that employers and housing providers make hiring and rental housing decisions based on relevant qualifications without improperly considering a person’s criminal record. The law does this by restricting when during the application process an employer or housing provider can inquire about someone’s criminal history. Ban the Box is part of the County Code, in Chapter 27-7 and 27-8; Article XII. Ban the Box applies to most employers in Montgomery County with 1 or more employees. The law generally prohibits potential employers and housing providers from:

  1. Asking about any criminal arrest, accusation of crime, or criminal conviction on an employment or rental application.
  2. Conducting any criminal records check or asking about any criminal arrest, accusation of crime or criminal conviction before extension of a conditional offer is made to the applicant.
The law also requires employers to provide prior notice to an applicant when rescinding conditional offer based upon a prior arrest or criminal conviction.

How to File a Complaint

You should complete the Montgomery County Office of Human Rights Claim and Intake Inquiry Form if you feel that an employer or housing provider has violated Ban the Box. If your complaint is based on:
  1. Unlawful questions asked on an employment or rental application (example 1 listed above) please indicate on the form. (a copy of the employment or rental application would be helpful)
  2. Unlawful questions asked before extension of a conditional offer is made (example 2 listed above) please indicate on the form

What Happens Next

Once your complaint is accepted, the complaints will be assigned to an investigator.  All employers that are obligated to follow the requirements of Ban the Box and are subject to civil penalties of up to $1,000 for each violation.  All penalties assessed are payable to Montgomery County.  You will not receive any compensation or other damages for a violation of Ban the Box.

Important Note

If you believe that you have been discriminated against on the basis of any category protected by the Human Rights and Civil Liberties Code (for example, race, religion, sexual orientation, or national origin), you must complete a separate Claim and Intake Inquiry Form to be filed with the Montgomery County Office of Human Rights to pursue such a claim.

Ban the Box - A Second Chance at Building a New Life.

Claim and Intake Inquiry Form