In this subtitle, the following terms have the meanings indicated. “Applicant” means any individual who is being considered or who requests to be considered for employment in the City of Baltimore by a covered employer. “Conviction” means any sentence arising from a verdict or plea of guilty or nolo contendere. “Conviction” includes:a sentence of incarceration or fine; and a suspended sentence. “Covered employer” or “employer” means any person that employs 10 or more full-time equivalent employees in the City of Baltimore. “Employment” means:any work for pay; and any form of vocational or educational training, with or without pay. “Employment” includes:contractual, temporary, seasonal, or contingent work; and work through the services of a temporary or other employment agency. “Inquiry” means any direct or indirect conduct intended to gather information, using any mode of communication. Ord. 14-221 Ord. 22-125 For the Code-wide standard definition of “includes” and “including”, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-105">§ 1-105</cite>, . For the Code-wide standard definition of “person”, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-107">§ 1-107</cite>.

The Mayor and City Council of Baltimore finds that:individuals with criminal records suffer from pervasive discrimination in many fundamental areas of life, including employment, housing, education, and eligibility for many forms of social benefits; nationwide, the percentage of people of color who have criminal records exceeds the percentage of their representation in the population as a whole, which disproportionately impacts their lives, families, and communities; many individuals with criminal records are job seekers who are ready and able to become part of and to contribute to the work force; lack of employment is a significant cause of recidivism, while individuals who are employed are significantly less likely to again engage in criminal activities; artificial barriers to employment for people with criminal records are creating permanent members of an underclass that threatens the health of the community and undermines public safety; the City of Baltimore, in its own employment practices, has implemented a system of screening for individuals with criminal records that is fair to all concerned; and the City has a responsibility to ensure that private employers in the City similarly maintain fair policies for the screening and identification of individuals with criminal records. It is the intent and purpose of this subtitle:to assist the successful reintegration back into the community of individuals with criminal records, by removing artificial barriers to gainful employment; to enhance the health and security of the community by assisting individuals with criminal records to lawfully provide for their families and themselves; and to ensure that just and fair measures are implemented and practiced when pre-screening individuals to identify those who might or might not have criminal records. Ord. 14-221

This subtitle shall be construed to promote a policy that gives an individual who has a criminal record, but otherwise meets all criteria for consideration for employment, an opportunity to be judged on his or her own merit when initially applying for employment. This subtitle, however, may not be construed to require any employer to hire someone with a criminal record nor to limit an employer’s ability to choose the most qualified and appropriate applicant for the employment opportunity at hand. Nothing in this subtitle may be construed to modify or waive the requirements and limitations of any Federal or State law on access to or the use of criminal records. Ord. 14-221 Ord. 22-125 For the new, Code-wide standard for severability, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|2|1-214">§ 1-214</cite>.

In this section, “conditional offer” means an offer that is conditioned solely on:the results of the employer’s subsequent inquiring into or gathering information about the applicant’s criminal record; or some other contingency expressly communicated to the applicant at the time of the offer. In connection with the proposed employment of any applicant, a covered employer may not, at any time before a conditional offer of employment has been extended:require the applicant to disclose or reveal whether he or she has a criminal record or otherwise has had criminal accusations brought against her or him; conduct a criminal-record check on the applicant; or otherwise make any inquiry of the applicant or others about whether the applicant has a criminal record or otherwise has had criminal accusations brought against her or him. Ord. 14-221

This Part 2 does not apply to any inquiry or other action that is required or expressly authorized by an applicable Federal, State, or City law or regulation. In this subsection, “vulnerable adult” means an adult who lacks the physical or mental capacity to provide for his or her own daily needs. This Part 2 does not apply to any facility or employer that provides programs, services, or direct care to minors or to vulnerable adults. Ord. 14-221

Any person aggrieved by an alleged violation of this subtitle may file a complaint with the Baltimore Community Relations Commission. The complaint shall be filed, investigated, and heard in the same manner as that provided in City Code <cite data-path="|4">Article 4 {“Community Relations”}</cite>, Subtitle 4 {“Enforcement”}, for alleged violations of that article’s unlawful discriminatory employment practices. In its decision and order, the Commission may award the aggrieved person:back pay for lost wages caused by the violation of this subtitle; reinstatement; compensatory damages, which may include:compensation for humiliation, embarrassment, and emotional distress; and expenses incurred in seeking other employment; and reasonable attorney’s fees. Ord. 14-221

A party aggrieved by a final decision of the Community Relations Commission under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. Ord. 14-221 Ord. 19-332

A covered employer may not take or refuse to take a personnel action or otherwise retaliate or discriminate against any person as a reprisal for the person’s having claimed a violation of this subtitle. Ord. 14-221

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 or imprisonment for not more than 90 days or both fine and imprisonment for each offense. Ord. 14-221