Maine recently passed ban the box legislation that goes into effect October 18, 2021. Under the law, employers are prohibited from requesting criminal history information on the initial employee application. Additionally, they may not advertise that a person with a criminal history may not apply or will not be considered for a position.
The law clarifies that employers may inquire about a prospective employee’s criminal history during an interview or once the prospective employee has been determined otherwise qualified for the position.
The law provides exceptions largely related to positions that have federal or state law requirements. Employers are exempt from the prohibitions:
- if there is a federal or state law, regulation or rule that disqualifies applicants with criminal history for the position,
- if the employer is subject to an obligation imposed by federal or state law, regulation, or rule not to employ in a position a person with one or more types of criminal offenses. (In these cases, the application should inquire into those specific criminal offenses), or
- if the employer is required by federal or state law, regulation, or rule to conduct a criminal history record check for the position for which the prospective employee is applying.
Employers who are found in violation of LD 1167 can face anywhere from $100 to $500 per violation as enforced by the Maine Department of Labor. In preparation for the October 18, 2021 effective date, employers should review their applications and job advertisements accordingly.