Credit Checks and Job Applicants (2024)

Maryland law limits an employer's ability to use credit reports when making decisions about hiring, firing, and compensation of job applicants and employees. Under the Job Applicant Fairness Act (the Act), employers may not use an applicant’s or employee’s credit report or credit history in determining:

1. whether to hire an applicant;
2. whether to terminate an employee; or,
3. the rate of pay or conditions for an employee.

Employers Excluded from the Act

The Act specifically excludes some employers from its coverage. For instance, jobs for which any other law requires the employer to inquire into an applicant’s or employee’s credit report or credit history for employment purposes are excluded. The Act also excludes:

• Financial institutions that accept deposits insured by federal agencies, including most banks and publicly insured credit unions.
• Privately insured credit unions approved by the Maryland Commissioner of Financial Regulation.
• Entities registered as investment advisors with the United States Securities and Exchange Commission.

Read the law:Md.Code, Labor and Employment§ 3-711

When can an employer consider your credit history?

An employer covered by the law may use an employee or job applicant's credit history or credit report in the following limited circ*mstances.

• When a job applicant has already been offered the job, the credit report will not be used to determine the job applicant's pay or other terms and conditions of employment.
• If the employer has a bona fide reason for requesting or using the information that is substantially job-related. This must be disclosed in writing to the employee or applicant.

The law lists job-related reasons for using the applicant's credit report, including if the position:

1. is managerial and involves setting the direction or control of a business, department, division, unit, or agency of a business.
2. has access to the personal information of a customer, employee, or employer. Personal information is defined in the Personal Information Protection Act. It includes an individual's first name, or first initial and last name, in combination with a social security number, driver's license number, financial account number, or individual taxpayer identification number. Personal information does not include personal information customarily provided in a retail transaction;
3. involves a fiduciary responsibility to the employer, including the authority to issue payments, collect debts, transfer money, or enter into contracts;
4. is provided an expense account or a corporate debit or credit card; or
5. has access to:
   • information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
     • derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from the disclosure or use of the information; and
     • is the subject of reasonable efforts to maintain its secrecy; or,
   • other confidential business information.

Read the law: Md. Code, Labor and Employment § 3-711

Penalties for Violating the Act

Applicants and employees can file a complaint with the Commissioner of Labor regarding a violation of the Act. If the Commissioner finds that an employer has violated the law, the Commissioner will try to resolve the matter informally. If the Commissioner cannot resolve the matter informally, the Commissioner may fine the employer up to $500 for the first violation and up to $2,500 for each subsequent violation.

Read the law:Md.Code, Labor and Employment§ 3-711

Source

Edited by PLL Contributors; Updated by Web Services Librarian.