Maryland State Laws
Additional State Laws
House Bill 123 (HB123) says an employer may not:
After making an offer, employers may use wage information that was voluntarily provided by the applicant to offer a higher level of compensation than what was initially offered as long as it does not create an unlawful pay differential based on protected characteristics.
Maryland passed House Bill 994 / Senate Bill 839 (known as the Criminal Record Screening Practices Act) in January, 2020. The Governor vetoed this Act, but that veto was overwritten by the legislature.
The Act prohibits organizations with 15 or more full-time employees from: “requiring an applicant for employment, before the first in-person interview, to disclose certain information regarding the criminal record of the applicant except under certain circumstances.”
Violations of this Act may be investigated by the State Commissioner. If an offense occurs, the Commissioner will consider various factors and assess a penalty.
October 1, 2019Equal Pay Penalties
Employers in Maryland are expected to provide employees with equal pay when they do equal work under equal circumstances. The state implemented House Bill 790 (HB790) to create penalties for employers who violate this law or take action against an employee who files a complaint related to this law.
Employers who are found to violate this law two or more times during a three-year period may be required to pay a civil penalty equal to 10% of the damages owed.
Enforcement of HB790 goes into effect on October 1, 2019.
Maryland law SB0004 prohibits state employers from asking about arrests or criminal convictions on job application. They may inquire about criminal records after an interview is conducted or a conditional offer is extended.
Statue §14-1203 prohibits employers from reviewing data that is considered obsolete when considering hiring applicants. This includes:
Employers cannot use credit reports when making hiring decisions unless:
Before running a credit report, the employer must extend a conditional offer and receive the person’s authorization. The report may not be used to deny employment to an applicant or terminate an existing employee.