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§ 3-702. Polygraph examinations and similar tests

West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2023

West's Annotated Code of Maryland
Labor and Employment
Title 3. Employment Standards and Conditions (Refs & Annos)
Subtitle 7. Miscellaneous (Refs & Annos)
Effective: October 1, 2023
MD Code, Labor and Employment, § 3-702
§ 3-702. Polygraph examinations and similar tests
Currentness
Employer defined
(a) In this section, “employer” means:
(1) a person engaged in a business, industry, profession, trade, or other enterprise in the State;
(2) the State;
(3) a county; and
(4) a municipal corporation in the State.
Scope of section
(b)(1) This section does not apply to the federal government or any of its units.
(2) This section does not apply to an individual who is an employee of or applies for assignment to the Intelligence and Investigative Division of the Department of Public Safety and Correctional Services.
(3) This section does not apply to an individual who applies for employment or is employed:
(i) as a law enforcement officer, as defined in § 3-101 of the Public Safety Article;
(ii) as an employee of a law enforcement agency of the State, a county, or a municipal corporation;
(iii) as a communications officer of the Calvert County Control Center;
(iv) as a correctional officer of a State correctional facility;
(v) as an employee of a State correctional facility in any capacity that involves direct contact with an incarcerated individual in a State correctional facility;
(vi) as a correctional officer of the Calvert County Detention Center or in any other capacity that involves direct personal contact with an incarcerated individual in the Detention Center;
(vii) as a correctional officer of the Carroll County Detention Center or in any other capacity that involves direct personal contact with an incarcerated individual in the Detention Center;
(viii) as a correctional officer of the Washington County Detention Center or in any other capacity that involves direct personal contact with an incarcerated individual in the Center; or
(ix) as a correctional officer of:
1. the Baltimore County Detention Center;
2. the Cecil County Detention Center;
3. the Charles County Detention Center;
4. the Frederick County Adult Detention Center;
5. the Harford County Detention Center; or
6. the St. Mary's County Detention Center.
(4) This section does not apply to an applicant for employment as a correctional officer of a local correctional facility.
(5) This section does not apply to an applicant for employment with either the Anne Arundel County Department of Detention Facilities or the Caroline County Department of Corrections in any capacity that involves direct contact with an incarcerated individual in either the Anne Arundel County Department of Detention Facilities or the Caroline County Department of Corrections.
(6) This section does not apply to an applicant for employment with the Washington County Emergency Communications Center.
(7) This section does not apply to an applicant for employment:
(i) as a paramedic or an emergency medical technician with St. Mary’s County; or
(ii) with the St. Mary’s County Emergency Communications Center.
Prohibited activity
(c) An employer may not require or demand, as a condition of employment, prospective employment, or continued employment, that an individual submit to or take a polygraph examination or similar test.
Notice of prohibition
(d)(1) Each application for employment shall set out, in bold-faced upper case type, the following notice:
“Under Maryland law, an employer may not require or demand, as a condition of employment, prospective employment, or continued employment, that an individual submit to or take a polygraph examination or similar test. An employer who violates this law is guilty of a misdemeanor and subject to a fine not exceeding $100.”
(2) Each application shall provide a space for an applicant to sign an acknowledgment of the notice required under this subsection.
Acknowledgement of applicant
(e) An applicant shall sign the acknowledgment of the notice required under subsection (d) of this section.
Rights of applicants and employees
(f) If an employer violates subsection (c) or (d) of this section, an applicant for employment or prospective employment or an employee may submit to the Commissioner a written complaint.
Enforcement
(g)(1) Whenever the Commissioner determines that this section has been violated, the Commissioner may:
(i) try to resolve any issue involved in the violation informally by mediation; or
(ii) ask the Attorney General to bring an action on behalf of the applicant or employee.
(2) The Attorney General may bring an action under this section in the county where the violation allegedly occurred, for injunctive relief, damages, or other relief.
Penalty
(h) An employer who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1992, c. 175; Acts 1998, c. 711, § 1, eff. June 1, 1998; Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2004, c. 82, § 1, eff. Oct. 1, 2004; Acts 2008, c. 64, § 1, eff. Oct. 1, 2008; Acts 2009, c. 678, § 1, eff. Oct. 1, 2009; Acts 2010, c. 467, § 1, eff. Oct. 1, 2010; Acts 2010, c. 677, § 1, eff. Oct. 1, 2010; Acts 2014, c. 139, § 1, eff. Oct. 1, 2014; Acts 2014, c. 217, § 1, eff. Oct. 1, 2014; Acts 2017, c. 121, § 1, eff. Oct. 1, 2017; Acts 2017, c. 122, § 1, eff. Oct. 1, 2017; Acts 2022, c. 432, § 1, eff. Oct. 1, 2022; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
MD Code, Labor and Employment, § 3-702, MD LABOR & EMPLY § 3-702
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document