Maryland has a number of laws governing background screening for employment purposes. These laws are designed to protect employees from discrimination and to ensure that employers have accurate information about potential employees.
Maryland has a ban-the-box law, which prohibits employers from asking about an applicant’s criminal history on an initial employment application. The law went into effect on February 29, 2020.
Under the ban-the-box law, employers can still ask about an applicant’s criminal history during an interview or after the employer has determined that the applicant is otherwise qualified for the position. However, employers must give applicants an opportunity to explain any criminal history information before making a hiring decision.
Employers in Maryland can conduct criminal history records checks on potential employees. However, there are a number of restrictions on what information can be obtained and how it can be used.
The Fair Credit Reporting Act (FCRA) sets forth the general rules for conducting background checks. The FCRA prohibits employers from obtaining information about arrests that did not result in convictions. The FCRA also prohibits employers from obtaining information about convictions that are more than seven years old, unless the position pays more than $75,000 per year.
In addition to the FCRA, Maryland has a number of specific laws governing criminal history records checks. These laws include:
Employers in Maryland have a number of responsibilities when conducting background checks. These responsibilities include:
Employers who violate Maryland’s background screening laws may be subject to civil penalties.
Employees in Maryland have a number of rights under the state’s background screening laws. These rights include:
Employees who believe that their rights have been violated under Maryland’s background screening laws may file a complaint with the Maryland Commission on Civil Rights.
Here are some additional things to keep in mind about Maryland background screening laws:
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