Baltimore Sun (03/18/12) Eileen Ambrose

Maryland has joined a growing number of states considering legislation to prevent employers from discriminating against the unemployed. Maryland employment experts say that most employers want only to hire the best candidates, regardless of how long they have been out of work, and new legislation is not needed. Just how many people have their unemployment status held against them is not known. The U.S. Equal Employment Opportunity Commission says jobless workers are not a protected class, so the agency does not track such complaints.

Maryland’s legislation would add “employment status” to the list of criteria—such as race, age, and religion—that employers cannot use to discriminate against workers. A hearing on the bill is scheduled for March 20. The Maryland Chamber of Commerce opposes the bill and says that while “[e]mployment status is not a factor in the hiring process…job skills are a legitimate factor to evaluate a candidate for employment.”

Greenberg Traurig LLP (03/14/12) Jay P. Lechner

Although it is not necessarily illegal for employers to ask job candidates interview questions touching upon race, sex, religion, marital status, and age, experts say they should avoid questions relating to protected class status or private matters not related to the job to prevent claims of discrimination. However, federal law prohibits employers from asking certain questions. For instance, they cannot ask about the existence, nature, or severity of a disability; family medical history or other genetic information; or former union membership or union preference.

Foley & Lardner LLP (03/12/12) Anita M. Sorenson

To help ensure hiring of a legal work force, companies typically ask job applicants about work authorization early in the application process. Asking about work authorization on the employment application, instead of during an interview, ensures that the question is asked of each applicant in the same manner. The question must also be asked using the proper language and focus. If the question is not asked properly, companies may run into trouble with the U.S. Department of Justice’s Office of Special Counsel or with the U.S. Equal Employment Opportunity Commission.

Applicants should not be asked about their immigration, visa, or citizenship status. They also should not be asked to provide proof of work authorization during the application process. An appropriate question would be: Are you authorized to work lawfully in the U.S. for [insert company name]?

Baltimore Sun (03/16/12) Yvonne Wenger

The Public Justice Center has filed a complaint with the U.S. Occupational Safety and Health Administration against WMS Solutions LLC, a staffing firm that provides workers to contractors and subcontractors in the District of Columbia, Maryland, Pennsylvania, and Virginia, for failing to properly protect workers from asbestos. The complaint says workers are required to pay for medical exams, training, and protective equipment, all of which are required by OSHA to be provided by the employer. Workers who did not pay for these in advance saw the costs deducted from their paychecks.

The complaint, which names around 10 contractors and subcontractors, also states that workers at two sites had to wash and reuse respirator filters while other workers were given new filters twice per week. Moreover, WMS and the subcontractors are accused of not providing shower facilities for decontamination purposes and for misleading government inspectors with showers not connected to a water source. One employee of WMS says he was terminated after six years of employment for complaining about working conditions to OSHA. Legislation being considered by Maryland lawmakers would enhance protections for workers handling asbestos and hike penalties for companies violating environmental laws.