Illegal Interview Questions in Maryland: What Employers Cannot Ask

Federal law prohibits employment discrimination inquiries under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), which covers employers with 15 or more employees. Title VII restricts questions about race, color, religion, sex, and national origin. The Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), applicable to employers with 15+ employees, prohibits disability-related questions before a conditional job offer is made. The Age Discrimination in Employment Act (29 U.S.C. § 623) covers employers with 20+ employees and restricts age-related inquiries.

Federal law also restricts certain inquiries under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), which governs background checks and credit reports. The EEOC enforces these laws and investigates charges of discrimination. Remedies under federal law include back pay, front pay, compensatory damages for emotional distress, punitive damages (up to $300,000 for large employers), and attorney fees. Private parties can also sue directly under Title VII and the ADA.

Maryland law is substantially stronger than federal law in protecting candidates from discriminatory interview questions. Maryland Code, General Provisions § 4-710 covers employers with just one or more employees, compared to federal thresholds of 15-20 employees. This means Maryland's protections apply to small businesses that fall outside federal jurisdiction.

Maryland explicitly prohibits inquiries about age, race, color, religion, sex, national origin, marital status, family status, and sexual orientation. Additionally, Maryland Code, Commercial Law § 14-212 restricts the use of credit reports and background checks—Maryland employers must provide written notice to candidates before obtaining these reports and must follow the Fair Credit Reporting Act's requirements. Maryland Code, Criminal Procedure § 10-616 goes further than federal law by nearly prohibiting all inquiries about arrest records; employers can only ask about arrests under very narrow circumstances related to ongoing legal proceedings or where a conviction is directly related to job duties.

Maryland also prohibits questions designed to elicit information about protected class status indirectly—such as asking "Do you plan to have children?" or "What is your native country?" The state law recognizes that interview questions need not explicitly mention a protected class to be discriminatory. Remedies under Maryland law include actual damages, emotional distress damages, punitive damages (with no statutory cap), attorney fees, and civil penalties. Cases are enforced by the Maryland Commission on Human Rights (MCHR) and through private civil lawsuits. Maryland courts have interpreted these laws broadly to protect candidates.

Maryland law has very few exceptions to interview question restrictions. However, employers may ask job-related questions that incidentally relate to protected classes if the question is genuinely focused on job qualifications rather than the protected characteristic itself. For example, an employer can ask about the ability to work specific hours or travel if required for the job, even though this might reveal family status information.

Bona fide occupational qualification (BFOQ) exceptions are narrower in Maryland than federally. An employer in Maryland can restrict inquiries more severely than federal law requires because state law applies even to one-employee businesses. Physical or mental ability questions are permitted only after a conditional job offer, consistent with ADA rules, but Maryland applies this more strictly.

Maryland courts have held that questions about financial status (including credit reports) can only be used when directly job-related and when a written disclosure has been provided. There is no exception for small employers—even sole proprietorships must comply. Questions about immigration status are permitted only to verify legal authorization to work, but employers cannot ask about national origin, citizenship status before hire, or accent/language proficiency beyond job requirements. Union and collective bargaining contexts do not exempt employers from these restrictions. Employer defenses are limited: good faith mistake is not a legal defense, and lack of intent to discriminate does not excuse asking prohibited questions.

Step 1: Document the violation immediately. Write down the exact question asked, the interviewer's name, the date and time, any witnesses present, and the context. If the interview was conducted via phone or video, note this. Keep a copy of any written materials sent before or after the interview, the job posting, and any communications related to your application. Save emails, text messages, or letters that reference the interview. Do not alter these documents.

Step 2: Assess your internal options. Before filing a formal charge, check whether the employer has an internal complaint procedure. Some Maryland employers have HR departments where you can file a written complaint. Send a written complaint to HR (email with read receipt confirmation or certified mail) documenting the question and how it violated your rights. State clearly that this question was discriminatory under Maryland law. Request a written response. Keep all copies. However, filing an internal complaint does not affect your external filing deadlines—you have only 180 days from the interview date, so do not delay external filing.

Step 3: File a charge with the Maryland Commission on Human Rights (MCHR). You must file within 180 days of the discriminatory interview question. The MCHR is the state agency enforcing Maryland Code § 4-710. File online at mccr.maryland.gov or by mail to the MCHR at 6 St. Paul Street, Suite 900, Baltimore, MD 21202. Include: your name, contact information, the employer's name and address, the date of the interview, the exact question asked, why you believe it was discriminatory, and the outcome (whether you were hired, rejected, or still pending). Provide the names of any witnesses. The filing fee is $0. You may also file a dual charge with the EEOC simultaneously, which will be cross-filed by either agency automatically.

Step 4: Understand the investigation process. After you file with MCHR, the agency will notify the employer and conduct an investigation, typically within 30-60 days, though cases can take longer. The investigator will contact you for a detailed statement and will request documents from the employer, including the job posting, interview notes, hiring records, and information about other candidates. The employer will have an opportunity to respond. MCHR will determine whether "probable cause" exists that discrimination occurred. If probable cause is found, MCHR will attempt conciliation (settlement negotiations). If conciliation fails, the case can be referred to the Maryland Commission on Human Rights board for a hearing, where both sides present evidence. Hearings are more formal than investigations and may involve cross-examination. This process typically takes 6-18 months.

Step 5: Consult an employment law attorney if you plan to pursue this claim seriously. Contact an attorney specializing in employment discrimination—specifically discrimination based on protected class status or fair hiring practices. Many offer free initial consultations. An attorney can help you identify additional violations, calculate damages, negotiate with the employer, and represent you before the MCHR or in civil court. An attorney is particularly important if the employer is large or if you have damages such as lost job opportunity, emotional distress, or other harm. Request a consultation before the 180-day filing deadline so the attorney can assist with the charge filing.