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Preemployment Screening and Testing: Maryland

Preemployment Screening and Testing requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Randi Klein Hyatt, Kollman & Saucier, PA

Summary

  • With certain exceptions, Maryland law prohibits employers from using a job applicant's or employee's credit report to determine whether to hire an applicant. See Credit Checks.
  • Maryland recognizes a cause of action for negligent hiring. Consequently, employers should check references and require an authorization from applicants permitting them to contact former employers and references. See Negligent Hiring.
  • State job applications may not include criminal history questions under a new Maryland law, but the state's largest city and county go further. See Ban the Box.
  • Employers must conduct background checks as a condition of employment for certain types of positions. See Mandatory Background Checks.
  • Maryland law generally permits drug testing of applicants, subject to certain conditions. See Drug Testing.
  • Employers in Maryland may not require job applicants or employees to undergo genetic testing. See Genetic Testing.
  • Maryland prohibits lie detector, or similar tests, as a condition of employment or continued employment. See Lie Detector Testing.