2013 Maryland Code
LABOR AND EMPLOYMENT
§ 8-105 - Limitation on use of information


MD Lab & Emp Code § 8-105 (2013) What's This?

§8-105.

Unless a report or other written or oral communication that is made or delivered in connection with this title is false and malicious, a person may not bring an action for abusive or wrongful discharge, libel, or slander based on the report or communication from:

(1) an employee to an employer;

(2) an employer to an employee; or

(3) an employee or an employer to the Secretary or Board of Appeals or any agent, employee, or representative of the Secretary or Board of Appeals.

§ 8-105 - 1. Limitation on use of information -- Domestic violence

(a) Confidentiality in general. -- Except as provided in subsection (b) of this section or otherwise required by law, information provided to the Secretary under § 8-1001(b)(3) of this title for purposes of determining whether a claimant left employment as a result of domestic violence shall be confidential and not subject to disclosure to any party.

(b) Allowable use of information. --

(1) The Secretary may notify the employing unit in general terms that a claimant has left employment as a result of domestic violence.

(2) The Secretary may not disclose information provided to the Secretary under § 8-1001(b)(3)(ii) of this title to the employing unit unless the employing unit can establish that:

(i) the employing unit has a legitimate need to question the veracity of the information;

(ii) the employing unit's need for the information outweighs the claimant's personal privacy interest; and

(iii) the employing unit is unable to obtain the information from any other source.

(3) Before disclosing information under this section, the Secretary shall:

(i) notify the claimant; and

(ii) redact unnecessary identifying information.

(4) An employing unit that receives information under this section may not further disseminate the information.

(c) Information not subject to disclosure under appeals process. -- Information related to the status of a claimant or a claimant's spouse, minor child, or parent as a victim of domestic violence is not public information subject to disclosure as part of the appeals process.

(d) Regulations. -- The Secretary may adopt regulations to further protect the privacy of the claimant.

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