Employee Discipline: Maryland

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

Author: Christine Zebrowski, Overbrook Law LLC

Summary

• Maryland law is broader than the federal antidiscrimination provisions of Title VII of the Civil Rights Act of 1964. The Maryland Fair Employment Practices Act, which is also known as Article 49B, and various local ordinances address discrimination. See Maryland Antidiscrimination Law.
• Under Maryland law, employers may not require applicants or employees to submit to a polygraph or other similar lie detector test. See Polygraph Testing.
• Maryland law restricts the use of cigarettes, including e-cigarettes, in certain workplaces. See E-Cigarette and Tobacco Use.
• Maryland employers may require that applicants, employees and contractors submit to drug and alcohol testing, as long as the testing is job related or for a legitimate business purpose. See Drug and Alcohol Testing.
• A number of Maryland statutes protect whistleblowers from retaliation. See Whistleblower Protections.
• Many state laws also include specific anti-retaliation protections for employees. Maryland Anti-Retaliation Protections.
• Maryland is a two party consent state and allows interception or recording of an electronic communication if the person doing so is a party to the conversation and all other parties to the conversation consent. See Wiretapping or Interception of Employee Communications.
• Maryland employers are required to keep records about employees for three years that include certain employee information. See Recordkeeping Requirements.
• Maryland employers may not require job applicants to disclose information regarding certain criminal records. See Use of Criminal Records.
• Generally, Maryland employers may not use an employee's credit history as a basis for employment decisions. See Use of Credit History or Reports.
• Maryland courts recognize false imprisonment claims in the employment context. See False Imprisonment.
• In Maryland, employees have a common law duty of loyalty to their employers. See Employee Duty of Loyalty.
• Maryland law protects employers from employee theft, including theft of trade secrets. See Workplace Theft.
• Noncompetes are enforceable in Maryland, but they must be supported by adequate consideration. See Noncompetes and Nonsolicit Clauses Under Maryland Law.
• Maryland requires employers to post notices on a variety of areas. See Postings Required Under Maryland Law.
• Maryland employers are prohibited from requiring job applicants and employees to provide their log-in information to private social media accounts. See Social Media: Maryland's User Name and Password Privacy and Exclusions Law.
• Localities including Howard County, Prince George's County and Montgomery County have requirements pertaining to employee discipline. See Local Requirements.