SECOND CHANCE
INITIATIVES IN MARYLAND
Employment supports Maryland’s ex-offender population and helps ensure new opportunity for these individuals. While there are several second chance programs in place within the state, for some employers, it is a challenging decision to hire an ex-offender. This choice is driven by the fact that, under current law, an employer could be held civilly liable for a negligent act committed by an employee solely because of that employee’s criminal past—irrespective of whether the prior criminal offense bears any relation to the current act.
The mere fact of a prior criminal history could be viewed as sufficient to establish that an employer “knew or should have known” that the employee was “potentially dangerous”. While an employer’s decision to hire an ex-offender is laudable, the employer, under current Maryland law, could also be subjecting themselves and their business to potential legal liability risks. The potential for litigation, and the concurrent cost, could be devastating for a business—especially a small business. It is for these reasons, employers are so diligent in their application and screening processes. Often, an applicant’s criminal record is enough for an employer to reject their application.
The business community is willing and able to provide an ex-offender a second chance, but in order to ease the concerns of unnecessary and costly liability exposure, legal safeguards for the employer must be enacted. The Maryland Chamber of Commerce weighed in on this issue in the 2017 legislative session regarding an employer’s exposure to negligent hiring and failure of adequate supervision claims.
Download more information about Maryland Chamber of Commerce’s work
The Maryland Department of Labor, Licensing & Regulation (DLLR) has a Correctional Education (CE) division to help support the re-integration of ex-offenders into the workforce. CE provides educational opportunities to over 9,000 inmates in Maryland to equip them with the skills they need to successfully transition to the workforce after release. Through a combination of academic and workforce development instruction, inmates are gaining the tools necessary to re-integrate into society upon their release.
Download more about DLLR’s work with second chance hiring
EIGHT STATES WITH EX-OFFENDER LEGISLATION
A number of states have legislation in place to protect employers who participate in second chance hiring, regarding claims of negligent hiring and failure to adequately supervise. See some of the key elements of that legislation in each of those states below:
2010 COLORADO
- Criminal history cannot be used as part of a lawsuit against an employer or employee’s business
Note: Criminal history can be used if the action has a direct relationship to the past crime
2010 ILLINOIS
- Courts can issue certificates of relief to eligible ex-offenders which informs employers of rehabilitation and protects employers from negligent hiring and supervision
Note: Employers are liable for willful or wanton acts by the employee in hiring these employees
2012 OHIO
- Ex-offenders are able to receive a “certificate for qualification for employment” which protects employers from negligent hiring and supervision for that employee
Note: Employers are still liable if an employee demonstrates “dangerousness” and employer willfully retains the employee
2013 TEXAS
- Shields employers from negligent hiring and supervision of employees with criminal convictions
Note: Does not protect an employer who knew or should have known of past convictions if employee was convicted of an offense committed while performing duties similar to the current employment or an employee who committed various violent offenses (rape, murder, kidnapping, etc.)
Does not protect employers if employee was involved with mishandling of money and the employee was previously convicted of fraud and it was foreseen the job would involve the employee dealing with money
2014 GEORGIA
- Employer will be presumed to have exercised due care in hiring an ex-offender if Department of Corrections issues a “Program and Treatment Completion Certificate” or if ex-offender is pardoned
Note: Law excludes those who were convicted of violent crimes
2014 LOUISIANA
- Employer may not be held liable simply because they hired an ex-offender
Note: Does not include protection if employee committed violent or sex related crimes
2014 TENNESSEE
- Ex-offenders can receive a certificate of employability which protects employers from negligent hiring and supervision for that employee
Note: Employers are still liable if employee demonstrates danger or is convicted of a felony and employer willfully retains the employee
2015 MINNESOTA
- Employers are not liable for negligent hiring or supervision in a civil lawsuit if the conviction had been expunged
Print our Ex-offender legislation, state comparative analysis
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