Polygraph Testing Law Summaries
Maryland, Polygraph Testing Law Summaries
Maryland's polygraph testing law is located in the Annotated Code of Maryland at Title 3, Subtitle 7, Section 3-702.
DEFINITIONS
An “employer” is (Sec. 3-702, as amended by Ch. 82 (S. 41), L. 2004, effective October 1, 2004):
a person engaged in a business, industry, profession, trade or other enterprise in the state;
the state;
a county; and
a municipal corporation in the state, but not the federal government or any of its units.
EXCEPTIONS
Maryland's polygraph testing law does not apply to 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. There are also numerous exceptions for local law enforcement and corrections personnel (Sec. 3-702, as amended by Ch. 82 (S. 41), L. 2004, effective October 1, 2004).
WHAT THE EMPLOYER MUST DO
An employer may not require or demand, as a condition of employment, prospective employment, or continued employment, that an individual take a lie detector or similar test (Sec. 3-702, as amended by Ch. 82 (S. 41), L. 2004, effective October 1, 2004).
NOTICE
Each application for employment must set out, in boldfaced upper-case type, the following notice (Sec. 3-702, as amended by Ch. 82 (S. 41), L. 2004, effective October 1, 2004):
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 lie detector or similar test. An employer who 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 required notice, and applicants are required to sign the acknowledgment of the notice (Sec. 3-702, as amended by Ch. 82 (S. 41), L. 2004, effective October 1, 2004).
ENFORCEMENT
If an employer violates Maryland's polygraph testing law, an applicant for employment or an employee may submit a written complaint to the Commissioner. If the Commissioner determines that the law has been violated, the Commissioner may (Sec. 3-702, as amended by Ch. 82 (S. 41), L. 2004, effective October 1, 2004):
try to resolve any issue involved in the violation informally by mediation; or
ask the Attorney General to bring an action on behalf of the applicant or employee. The Attorney General may bring an action in the county where the violation allegedly occurred, for injunctive relief, damages, or other relief.
PENALTIES
An employer that violates any provision of the polygraph testing law is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100 (Sec. 3-702, as amended by Ch. 82 (S. 41), L. 2004, effective October 1, 2004).
<p>An employer that violates any provision of the polygraph testing law is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100 (Sec</p>