In this subtitle the following words have the meanings indicated. “Criminal record” means: an arrest; a plea or verdict of guilty; a plea of nolo contendere; the marking of a charge “stet” on the docket; a disposition of probation before judgment; or a disposition of not criminally responsible. “Employer” means a person who employs 15 or more full–time employees. “Employer” includes a person who acts, directly or indirectly, in the interest of an employer with respect to an employee of the employer. “Employment” means any work for pay and any form of vocational or educational training, with or without pay. “Employment” includes: contractual, temporary, seasonal, or contingent work; and work through the services of a temporary or other employment agency.

This subtitle does not: prohibit an employer from making an inquiry or taking other action that the employer is required to take or is expressly authorized to take by another applicable federal or State law; or apply to an employer that provides programs, services, or direct care to minors or to vulnerable adults. This subtitle may not be construed to preempt a local jurisdiction from enacting or enforcing a law that is more restrictive with respect to criminal record screening practices of employers in the local jurisdiction.

Except as provided in subsection (b) of this section, an employer may not, at any time before the first in–person interview, require an applicant to disclose whether the applicant has a criminal record or has had criminal accusations brought against the applicant. An employer may require an applicant to disclose during the first in–person interview with the applicant whether the applicant has a criminal record or has had criminal accusations brought against the applicant.

An employer may not take or refuse to take a personnel action or otherwise retaliate or discriminate against an applicant or employee as a reprisal for the applicant or employee having claimed a violation of this subtitle.

If the Commissioner determines that an employer has violated any provision of this subtitle, the Commissioner: shall issue an order compelling compliance; and for a subsequent violation, may, in the Commissioner’s discretion, assess a civil penalty of up to $300 for each applicant for employment or employee with respect to whom the employer violated any provision of this subtitle. In determining the amount of the penalty, if assessed, the Commissioner shall consider: the gravity of the violation; the size of the employer’s business; the employer’s good faith; and the employer’s history of violations under this subtitle. The assessment of a penalty under subsection (a)(2) of this section shall be subject to the notice and hearing requirements of Title 10, Subtitle 2 of the State Government Article.