Maryland Employment Screening Overview
Maryland has a moderately regulated employment screening environment with statewide ban-the-box rules delaying criminal history inquiries until after the first interview for employers with 15+ employees, restrictions on using credit reports for most hiring decisions, and salary history ban provisions.
Federal requirements and local ordinances in Baltimore City, Montgomery County, and Prince George's County impose additional restrictions that may apply.
What's Permitted
- Drug testing generally permitted with strict procedural compliance statewide
- E-Verify not universally required for most private employers
- Criminal history inquiries allowed after first in-person interview (15+ employees)
- Credit checks permitted for certain exempt positions under state law
What's Prohibited
- Requesting salary history before making a compensation offer, for most employers
- Requiring credit history disclosure for non-exempt positions, generally
- Using criminal history before the first interview, for employers with 15+ employees
- Conducting drug tests on current employees via preliminary screening devices
Ban the Box Laws
StatewideStatus Summary
Statewide: 15+ Maryland full-time employees; no criminal-history inquiries before first in-person (incl. phone/video) interview (https://labor.maryland.gov/labor/wages/esscrimscre... Local: Baltimore 10+, post-conditional offer (https://codes.baltimorecity.gov/us/md/cities/balti... Montgomery 1+, post-offer with limits (https://www.montgomerycountymd.gov/humanrights/ban... Prince George’s 10+, post-initial interview (https://www.princegeorgescountymd.gov/departments-...
Key Requirements
Maryland Ban the Box (state law)
Official state law and guidance (MD DOL, statute):
- Effective February 29, 2020. (https://labor.maryland.gov/labor/wages/esscrimscre...
- Applies to employers with 15+ Maryland employees. (
- Bars criminal inquiries before first in-person interview. (https://labor.maryland.gov/labor/wages/esscrimscre...
- "In-person" includes multi-party phone/video interviews. (https://labor.maryland.gov/labor/wages/esscrimscre...
- Enforced by Maryland Dept. of Labor; civil penalties. (https://labor.maryland.gov)
Baltimore City Ban the Box (local ordinance)
Baltimore's ordinance and CRC guidance (City Code, CRC):
- Applies to employers with ten+ full-time equivalents. (https://codes.baltimorecity.gov/us/md/cities/balti...
- Inquiries allowed only after conditional offer. (https://civilrights.baltimorecity.gov/sites/defaul...
- More restrictive timing than state law. (https://civilrights.baltimorecity.gov/)
- Enforced by Baltimore Office of Equity/CRC. (https://civilrights.baltimorecity.gov/file-a-compl...
- Criminal penalties and civil remedies possible. (https://codes.baltimorecity.gov/us/md/cities/balti...
Montgomery County Ban the Box (local ordinance)
County ordinance and human rights guidance (Montgomery County):
- Applies to employers with one+ employees. (https://www.montgomerycountymd.gov/humanrights/ban...
- Inquiries delayed until after conditional offer. (https://www.montgomerycountymd.gov/humanrights/ban...
- Cannot consider certain older minor convictions. (https://www.montgomerycountymd.gov/humanrights/ban...
- Enforced by Montgomery County Human Rights Office. (https://www.montgomerycountymd.gov/humanrights/ban...
- Penalties up to $1,000 per violation. (https://www.montgomerycountymd.gov/humanrights/ban...
Prince George's County Ordinance (local law)
County ordinance and recent amendment sources (PG County, Council):
- Applies to employers with 10+ full-time employees (effective Sept. 16, 2024; reduced from prior 25-employee threshold). (https://pgccouncil.us/CivicAlerts.aspx?AID=1884; https://www.princegeorgescountymd.gov/departments-...
- Inquiries delayed until after initial interview. (https://www.princegeorgescountymd.gov/departments-...
- Requires individualized assessments for offenses. (https://www.princegeorgescountymd.gov/departments-...
- Employers must provide report and seven-day notice. (https://www.princegeorgescountymd.gov/departments-...
- Enforced by Prince George's County Office of Human Rights. (https://www.princegeorgescountymd.gov/departments-...
Ban the Box Best Practices for Maryland Employers
- Remove criminal-history questions from applications
- Train recruiters on timing restrictions and interview definitions
- Delay background checks until allowed by jurisdictional rules
- Adopt the most-restrictive local rule statewide
- Document timing, offers, and individualized assessment decisions
Salary History Ban
StatewideHouse Bill 123 (2020)
One-line intro: Salary-history ban extending applicant protections:
- Prohibits requesting applicant wage history.
- Covers all employers regardless of size.
- Prohibits using wage history in offers.
- Allows voluntary applicant wage disclosures.
- Enforced by Maryland Department of Labor.
Sources: https://mgaleg.maryland.gov/Legislation/Details/HB... ; https://mgaleg.maryland.gov/2024RS/Statute_Web/gle...
Senate Bill 525 / House Bill 649 (2024)
One-line intro: Expanded wage-transparency posting requirements:
- Requires wage ranges in job postings.
- Applies to jobs performed in Maryland.
- Wage ranges set based on good-faith.
- Must disclose benefits and other compensation.
- Keep records for at least three years.
Sources: https://mgaleg.maryland.gov/2024RS/bills/sb/sb0525... ; https://labor.maryland.gov/labor/wages/esswagerang...
Salary History Best Practices for Maryland Employers
- Do not request, seek, or screen by applicant wage history
- Remove wage-history questions from all applications and systems
- Include good-faith wage ranges, benefits, and compensation in postings
- Consider volunteered wage history only after an initial offer
- Document wage-range basis, retain records, and train hiring staff
Consumer Credit Checks
RestrictedMd. Job Applicant Fairness Act (Lab. & Empl. §3‑711) prohibits credit‑based hiring/termination/compensation, allows narrow job‑related exceptions with written disclosure, and authorizes civil penalties up to $500 (first) and $2,500 (repeat). https://labor.maryland.gov/labor/wages/essjobappfa...
Key Requirements
Job Applicant Fairness Act (Md. §3-711)
State law restricting employment credit checks:
- Prohibits credit use for hiring, firing, compensation.
- Exceptions for bona fide, job‑related roles.
- Post-offer checks allowed for permitted purposes.
- Written disclosure and separate authorization required.
- Penalties: $500 first; up to $2,500 repeat.
Fair Credit Reporting Act (federal)
Federal consumer-report procedures for employment:
- Requires applicant consent before obtaining reports.
- Mandates pre-adverse and adverse notices.
- Does not prohibit credit checks generally.
- Federal baseline; states may add restrictions.
Maryland Criminal Record Screening (Ban the Box)
Related state screening restriction affecting timing:
- Prohibits asking criminal history pre-first interview.
- Applies to employers with 15+ employees.
- Penalties include up to $300 per applicant.
- Separate from credit-check restrictions and enforcement.
Credit Check Best Practices for Maryland Employers
- Limit credit checks to statutorily permitted, job-related positions only
- Provide written disclosure describing the bona fide purpose
- Obtain separate written authorization before procuring credit reports
- Document position analyses and retain disclosure, authorization records
- Implement adverse-action notices and allow applicant response opportunity
Marijuana Protection
Medicinal Marijuana
Maryland provides no general employment protection for medical cannabis use. Employers may test for marijuana and take action for positive results, subject to Maryland drug-testing procedures (certified labs, MRO review, notice/retest rights) under Health–General §17-214.
Recreational Marijuana
Recreational cannabis is legal (effective July 1, 2023), but Maryland law does not restrict employer marijuana testing or discipline for positive results. Employers must follow state testing procedures under Health–General §17-214 and COMAR 10.10.10.
Drug Testing Regulations
Maryland (Health–Gen. §17‑214; COMAR 10.10.10) permits employer drug/alcohol testing for legitimate business purposes, requires certified labs, chain‑of‑custody, MRO review, 30‑day notice, registration for pre‑hire screens; cannabis legalization does not limit testing.
Permitted Testing Types
Pre-Employment
Allowed after a conditional offer; preliminary screening requires registration.
Random Testing
Allowed for employees with legitimate business purpose by certified laboratory.
Reasonable Suspicion
Allowed when documented observations justify testing; laboratory confirmation required.
Post Accident
Allowed for accidents causing injury or substantial property damage.
Workers' Compensation Discount
Maryland law materials reviewed do not mention workers' compensation premium discounts tied to employer drug testing.
No statutory discount identified; consult the Maryland Insurance Commissioner or insurers for premium incentive information.
Best Practices
- Register with MD Office of Health Care Quality.
- Use state‑certified laboratories and maintain strict chain‑of‑custody.
- Require MRO review before adverse action on positive results.
- Provide written notice and required documents within thirty days.
- Prohibit breath testing; use blood or urine for alcohol.
Clean Slate Laws
StatewideMaryland enacted the Expungement Reform Act of 2025 (SB432, signed April 22, 2025, effective October 1, 2025), expanding petition-based expungement eligibility to additional misdemeanors, reducing barriers (e.g., parole violation no longer permanently bars expungement), and establishing a more comprehensive hearing process. Automatic expungement/sealing is not law. Shielding and employer prohibitions on sealed records remain.
https://mgaleg.maryland.gov/Pubs/BudgetFiscal/2025...
E-Verify Requirements
VoluntaryWho Must Use E-Verify
Private Employers [8 U.S.C. §1324a (Form I‑9)]
No statewide E‑Verify mandate for private employers; all must complete federal Form I‑9 within three business days of hire. (See state guidance: https://www.courts.state.md.us/sites/default/files... legislative history: https://mgaleg.maryland.gov/2009rs/bills/hb/hb0502...
Federal Contractors [Federal procurement E‑Verify requirements]
Qualifying federal contractors must use E‑Verify for employees assigned to contract work and verify within three business days. (See federal/legislative context: https://www.congress.gov/bill/119th-congress/senat... related state bill context: https://mgaleg.maryland.gov/2009rs/fnotes/bil_0006...
Any other relevant groups [Maryland state agencies; state contractors/grantees; municipalities]
Maryland state agencies use E‑Verify for state hires; state contractors/grantees or municipal contractors may be contractually required to use E‑Verify—check specific contract terms. (See DBM and fiscal notes: https://dbm.maryland.gov/jobseekers/pages/jobseeke... https://mgaleg.maryland.gov/2025RS/fnotes/bil_0004...
Background Check Regulations
Federal FCRA governs employer use of consumer‑report background checks, requiring disclosures, authorizations and adverse‑action procedures. Maryland layers state rules—ban‑the‑box for many employers, limits on older/expunged records, and sector‑specific checks—so follow both federal and state requirements.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days