As a general rule, if a federal, state, or local law grants employees the right to engage in an activity or to enjoy a benefit, employees should never be disciplined, discharged, or otherwise retaliated against for requesting or attempting to do so.
To list a few key examples, state law prohibits employers from discharging employees for engaging in the following activities:
Credit reports. The Job Applicant Fairness Act prohibits employers from, among other things, discharging employees on the basis of their credit history or credit report.
The Act covers all employers except:
• Employers that are required by federal or state law to check an applicant's or employee's credit report or history;
• Financial institutions that accept deposits that are insured by a federal agency;
• A credit union share guaranty corporation that is approved by the state's financial regulation commissioner; and
• Investment advisors registered with the U.S. Securities and Exchange Commission (MD Labor and Employment Code Sec. 3-711).
Under some circumstances, employers may use a credit report or credit history, including when the employer requests the information for a "bona fide purpose" that is "substantially job-related." The employer must inform the employee of the bona fide purpose. Examples of positions ...