Maryland Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Maryland and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Maryland enacted the Criminal Records Screening Act, a ban-the-box law, in 2020. It applies to employers across the state with 15+ employees, prohibiting from asking about criminal records prior to the first in-person interview. Job applications and video interviews may not include questions about arrests or criminal backgrounds.

The definition of criminal record includes:

• Arrest
• Guilty verdict or plea
• Disposition of probation prior to judgment
• Nolo contendere plea
• Disposition of “not criminally responsible”

If federal or state law authorizes or requires an employer to inquire about a criminal history (including for roles that offer care or services to vulnerable adults or minors), an exemption applies.

Does Maryland Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, there are fair hiring laws in place in Maryland that differ from federal laws.

Do Maryland Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

Under Maryland’s Equal Pay for Equal Work Act, all private and public employers are prohibited from pay discrimination based on gender in similar roles. Employers may not ask applicants about salary history. The law also includes restrictions against discrimination based on other protected characteristics.

Do Maryland Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

The ADEA protects workers who are 40 and older, while Maryland law prohibits age-based discrimination in hiring, regardless of age. The state law applies to private employers with at least 15 employees.

Do Maryland Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Maryland generally follows the ADA, although state code includes provisions for individuals with disabilities. Those relying on service animals have the same privileges and rights as other individuals, and additional types of animals may be considered service animals. Employers may be required to make accommodations when going through the hiring process.

Do Maryland Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Under state law, employers may not discriminate when making hiring decisions based on genetic information. It aligns with the federal GINA.

Do Maryland Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

One of the key differences between the state law and Title VII of the Civil Rights Act is protected characteristics. Maryland includes sexual orientation as a protected class, while the federal law does not.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Maryland?

Several cities and counties enacted ban-the-box legislation prior to the statewide law. Montgomery County has a law in effect that matches the state law regarding employer size, but Prince George County’s law applies to employers with 25+ employees.

Additionally, both of these counties’ laws only permit inquiries about criminal histories after the first interview has been conducted, not during the first in-person interview. Eligible employers in these counties must also provide pre- and final adverse action notices when withdrawing conditional employment offers based on criminal history.

Baltimore’s ban-the-box law applies to employers with 10+ employees and prohibits against questions about criminal history until after a conditional employment offer has been made.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.