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

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.
• Maryland has a ban the box law limiting inquiries into an applicant's criminal history. 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, Prince George's County and Montgomery County have requirements pertaining to preemployment screening and testing. See Local Requirements.