Employee Privacy: Maryland

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

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

Summary

• Maryland has a state wiretapping law that applies to electronic audio monitoring of employees. See Electronic Monitoring.
• 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.
• Maryland limits the use of consumer credit reports by employers. See Background and Credit Checks.
• Maryland restricts an employer's inquiry into an applicant's criminal history. See Ban the Box.
• Maryland severely restricts employers from questioning employees and applicants about medical conditions. See Disclosure of 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.
• Maryland law governs drug and alcohol testing of employees. Specific testing procedures must be followed. See Drug and Alcohol Testing.
• Baltimore, Montgomery County and Prince George's County have requirements pertaining to employee privacy. See Local Requirements.