MARVIN MANDEL, Governor

2237

95.

(a)    The term "employer" as used in this subtitle
means every employer engaged in any business or
enterprise in this State, other than the government of
the State of Maryland, or any county, incorporated city
or town, or other municipal corporation.

(b)    An employer may not demand or require any
applicant for employment or prospective employment or any
employee to submit to or take a polygraph, lie detector
or similar test or examination as a condition of
employment or continued employment. The prohibition of
this section does not apply to the federal government or
any agency thereof or the State government or any agency
or local subdivision thereof, including, but not limited
to, counties, city and counties, cities, districts,
authorities, and agencies.

(c)    All applications for employment shall contain
the following notice;

"Under Maryland law an employer may not require or
demand any applicant for employment or prospective
employment or any employee to submit to or take a
polygraph, lie detector or similar test or examination as
a condition of employment or continued employment. Any
employer who violates this provision is guilty of a
misdemeanor and subject to a fine not to exceed $100."

This notice shall be set out in bold faced upper
case type and be separately acknowledged by the signature
of the applicant.

(d)    [Any employer who violates the provisions of
this subtitle shall be guilty of a misdemeanor and
subject to a fine not to exceed $100.] UPON WRITTEN
COMPLAINT BY AN APPLICANT FOR EMPLOYMENT OF AN ALLEGED
VIOLATION OF THIS SUBTITLE, THE COMMISSIONER OF LABOR AND
INDUSTRY MAY CAUSE AN INVESTIGATION TO BE MADE AS TO THE
EXISTENCE OF THE ALLEGED VIOLATION.

(E)    IF THE COMMISSIONER DETERMINES THAT A
VIOLATION EXISTS, HE IS AUTHORIZED TO ENDEAVOR TO RESOLVE
ANY ISSUE INVOLVED UNDER SAID VIOLATION BY INFORMAL
METHODS OF MEDIATION AND CONCILIATION, OR HE MAY
INSTITUTE, ON BEHALF OF ANY AGGRIEVED APPLICANT FOR
EMPLOYMENT, ACTION IN ANY COURT OF COMPETENT JURISDICTION
IN THE SUBDIVISION IN WHICH THE VIOLATION OCCURRED
SEEKING INJUNCTIVE RELIEF OR OTHER RELIEF INCLUDING MONEY
DAMAGES, RESULTING FROM THE VIOLATION UNDER THIS
SUBTITLE.

(F)    THE ATTORNEY GENERAL IS AUTHORIZED TO
PROSECUTE ALL CIVIL CASES ARISING HEREUNDER WHICH ARE
REFERRED TO HIM BY THE COMMISSIONER FOR THAT PURPOSE.