Maryland has a strict law prohibiting employers from requiring employees or applicants to submit to lie detector tests as a condition of employment, prospective employment, or continued employment. The prohibition covers all forms of lie detector tests. The provision covers all employers engaged in a business, industry, profession, trade, or other enterprise, including the state, counties, and municipalities (MD Code Lab. and Empl. Sec. 3-702).
Exceptions. he law does not apply to federal employees or an individual who is an employee of or applies for assignment to the Internal Investigative Unit of the Department of Public Safety and Correctional Services and certain law enforcement or corrections officers.
Notice on employment applications. All applications for employment must contain the following notice in boldface uppercase type:
UNDER MARYLAND LAW, AN EMPLOYER MAY NOT REQUIRE OR DEMAND, AS A CONDITION OF EMPLOYMENT, PROSPECTIVE EMPLOYMENT, OR CONTINUED EMPLOYMENT, THAT ANY INDIVIDUAL SUBMIT TO OR TAKE A LIE DETECTOR OR SIMILAR TEST. ANY EMPLOYER THAT VIOLATES THIS LAW IS GUILTY OF A MISDEMEANOR AND SUBJECT TO A FINE NOT EXCEEDING $100.
Each application must provide a space for an applicant to sign an acknowledgment of the notice required under this subsection.
Enforcement. The Commissioner of Labor and Industry enforces the prohibition against lie detector tests and similar examinations. The Commissioner has the authority to bring suit in state court, seeking injunctive or monetary relief on behalf of an aggrieved applicant or employee, and to mediate and settle disputes involving the use of lie detector tests.