Employee Privacy: Maryland

This item is part of Employee Privacy.

This content should be reviewed in conjunction with the in-depth federal coverage of this topic provided above.

Author: Frank L. Kollman, Kollman & Saucier, PA

Summary

  • Maryland has a state wiretapping law that applies to electronic audio monitoring of employees. Video surveillance, without audio, is permitted. There is a private right of action for violations of the wiretapping law, and a termination based on illegally obtained audio communications could be in violation of public policy under Maryland's wrongful termination cases. See Electronic Monitoring of Employees.
  • Employees are not entitled to review their personnel files in Maryland, though permitting them to do so may be good practice. See Personnel Files
  • There are few limitations on workplace searches by private employers in Maryland, but the state defamation laws apply to public or publicized searches. See Workplace Searches.
  • Background checks are permissible in Maryland, but an employee cannot be required to obtain his or her criminal record as a condition of employment. See Background and Credit Checks of Employees.
  • The use of consumer credit reports by employers is somewhat limited in Maryland. See Background and Credit Checks of Employees.
  • Maryland severely restricts employers from questioning employees and applicants about medical conditions. See Disclosure of Employee Medical Records.
  • Maryland prohibits the use of polygraph or lie detector tests as a condition of employment for private employers. See Lie Detector and Polygraph Testing.
  • There is a state statute applicable to drug and alcohol testing of employees. Specific testing procedures must be followed. See Drug and Alcohol Testing