Preemployment Screening and Testing: Maryland
Federal law and guidance on this subject should be reviewed together with this section.
Author: Randi Klein Hyatt, Kollman & Saucier, PA
- 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 Maryland law, but the state's largest city and county go much 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.
- Localities including Baltimore, St. George's County and Montgomery County have requirements pertaining to preemployment screening and testing. See Local Requirements.