Privacy Law Library

Job Applicant Fairness Act (employer use of credit history)

MD Job Applicant Fairness Act

Employees · Credit reporting

Maryland generally bars employers from using an applicant's or employee's credit report or history to deny employment, fire, or set pay or terms. Employers may use it after a job offer for non-prohibited purposes, or where there is a bona fide, substantially job-related reason disclosed in writing, such as managerial, fiduciary, or personal-information-access roles.

Where

Maryland

Citation

Md. Code, Lab. & Empl. § 3-711

Status

In force

Enforced by

Commissioner of Labor and Industry (3-711(d))

People can sue

No

Penalties

Civil penalties up to $500 for an initial violation and $2,500 for a repeat violation, assessed by the Commissioner after informal resolution fails (3-711(d)(4)).

Applies to

• Employers in Maryland, except those required by law to check credit, federally insured depository institutions and affiliates, approved credit union share guaranty corporations, and SEC-registered investment advisers (3-711(a))