Employee Privacy: Maryland
Federal law and guidance on this subject should be reviewed together with this section.
Author: Frank L. Kollman, Kollman & Saucier, PA
- 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