Text of MD HB 235 (2011)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0235* HOUSE BILL 235 D5 1lr0841 By: Delegates Pena–Melnyk, A. Kelly, Alston, Anderson, Barkley, Barnes, Barve, Beidle, Bobo, Carr, Clippinger, Cullison, Dumais, Feldman, Frick, Frush, Gaines, Gilchrist, Gutierrez, Guzzone, Hammen, Healey, Hixson, Hubbard, Hucker, Ivey, Kaiser, Kramer, Lafferty, Lee, Love, Luedtke, McIntosh, A. Miller, Mitchell, Mizeur, Morhaim, Murphy, Nathan–Pulliam, Niemann, Oaks, Reznik, B. Robinson, S. Robinson, Rosenberg, Ross, Simmons, Summers, Tarrant, F. Turner, V. Turner, Valderrama, Vallario, Waldstreicher, Washington, and Zucker Introduced and read first time: January 28, 2011 Assigned to: Health and Government Operations A BILL ENTITLED AN ACT concerning 1 Human Relations – Sexual Orientation and Gender Identity – 2 Antidiscrimination 3 FOR the purpose of prohibiting discrimination based on gender identity with regard to 4 housing and employment; prohibiting discrimination based on gender identity 5 by certain licensed or regulated persons; prohibiting discrimination based on 6 sexual orientation or gender identity with regard to the leasing of property for 7 commercial usage or in the provision of certain services or facilities; altering a 8 certain exception for employers that relates to standards concerning dress and 9 grooming; providing that certain provisions of law relating to discrimination in 10 employment do not apply to certain religious entities with respect to the 11 employment of individuals of a particular gender identity to perform certain 12 work; providing that an employer is immune from certain liability for certain 13 acts to verify the gender identity of any employee or applicant in response to a 14 certain charge; making certain remedies and procedures regarding 15 discrimination applicable to discrimination based on sexual orientation and 16 gender identity; requiring certain State personnel actions to be made without 17 regard to gender identity or sexual orientation; defining the term “gender 18 identity”; making certain conforming changes; and generally relating to 19 discrimination based on sexual orientation and gender identity. 20 BY renumbering 21 Article – State Government 22 Section 20–101(e) and (f), respectively 23 2 HOUSE BILL 235 to be Section 20–101(f) and (g), respectively 1 Annotated Code of Maryland 2 (2009 Replacement Volume and 2010 Supplement) 3 BY adding to 4 Article – State Government 5 Section 20–101(e) 6 Annotated Code of Maryland 7 (2009 Replacement Volume and 2010 Supplement) 8 BY repealing and reenacting, with amendments, 9 Article – State Government 10 Section 20–401, 20–402, 20–501, 20–602, 20–603, 20–604(2), 20–605(a)(2), 11 20–606(a) through (e), 20–608, 20–702(a), 20–704(a)(2), 20–705, 12 20–707(b) and (c), and 20–1103(b) 13 Annotated Code of Maryland 14 (2009 Replacement Volume and 2010 Supplement) 15 BY repealing and reenacting, with amendments, 16 Article – State Personnel and Pensions 17 Section 2–302 18 Annotated Code of Maryland 19 (2009 Replacement Volume and 2010 Supplement) 20 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 21 MARYLAND, That Section(s) 20–101(e) and (f), respectively, of Article – State 22 Government of the Annotated Code of Maryland be renumbered to be Section(s) 23 20–101(f) and (g), respectively. 24 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland 25 read as follows: 26 Article – State Government 27 20–101. 28 (E) “GENDER IDENTITY” MEANS A GENDER–RELATED IDENTITY, 29 APPEARANCE, EXPRESSION, OR BEHAVIOR OF AN INDIVIDUAL REGARDLESS OF 30 THE INDIVIDUAL’S ASSIGNED SEX AT BIRTH. 31 20–401. 32 This subtitle does not prohibit any person that is licensed or regulated by a unit 33 in the Department of Labor, Licensing, and Regulation from refusing, withholding 34 from, or denying accommodations, advantages, facilities, privileges, sales, or services 35 to any person for failure to conform to the usual and regular requirements, standards, 36 and regulations of the licensed or regulated person, provided that the denial is not 37 HOUSE BILL 235 3 based on discrimination on the grounds of race, sex, color, creed, national origin, 1 marital status, sexual orientation, age, GENDER IDENTITY, or disability. 2 20–402. 3 (A) A person that is licensed or regulated by a unit in the Department of 4 Labor, Licensing, and Regulation listed in § 2–108 of the Business Regulation Article 5 may not refuse, withhold from, or deny any person any of the accommodations, 6 advantages, facilities, privileges, sales, or services of the licensed or regulated person 7 or discriminate against any person because of the person’s race, sex, creed, color, 8 national origin, marital status, sexual orientation, age, or disability. 9 (B) A PERSON THAT IS LICENSED OR REGULATED BY THE 10 COMMISSIONER OF FINANCIAL REGULATION MAY NOT REFUSE, WITHHOLD 11 FROM, OR DENY ANY PERSON ANY OF THE ADVANTAGES, PRIVILEGES, SALES, OR 12 SERVICES OF THE LICENSED OR REGULATED PERSON OR DISCRIMINATE 13 AGAINST ANY PERSON BECAUSE OF THE PERSON’S GENDER IDENTITY. 14 20–501. 15 An owner or operator of commercial property, an agent or employee of the owner 16 or operator of commercial property, or a person that is licensed or regulated by the 17 State may not discriminate against an individual in the terms, conditions, or 18 privileges of the leasing of property for commercial use, or in the provision of services 19 or facilities in connection with the leasing of property for commercial use, because of 20 the individual’s race, color, religion, sex, age, disability, marital status, SEXUAL 21 ORIENTATION, GENDER IDENTITY, or national origin. 22 20–602. 23 It is the policy of the State, in the exercise of its police power for the protection 24 of the public safety, public health, and general welfare, for the maintenance of 25 business and good government, and for the promotion of the State’s trade, commerce, 26 and manufacturers: 27 (1) to assure all persons equal opportunity in receiving employment 28 and in all labor management–union relations, regardless of race, color, religion, 29 ancestry or national origin, sex, age, marital status, sexual orientation, GENDER 30 IDENTITY, or disability unrelated in nature and extent so as to reasonably preclude 31 the performance of the employment; and 32 (2) to that end, to prohibit discrimination in employment by any 33 person. 34 20–603. 35 This subtitle does not require: 36 4 HOUSE BILL 235 (1) an employer, employment agency, labor organization, or joint 1 labor–management committee subject to this subtitle to grant preferential treatment 2 to any individual or group on the basis of the race, color, religion, sex, age, national 3 origin, GENDER IDENTITY, sexual orientation, or disability of the individual or group 4 because an imbalance may exist with respect to the total number or percentage of 5 individuals of any race, color, religion, sex, age, national origin, GENDER IDENTITY, 6 or sexual orientation or individuals with disabilities employed by the employer, 7 referred or classified for employment by the employment agency or labor organization, 8 admitted to membership or classified by the labor organization, or admitted to, or 9 employed in, any apprenticeship or other training program, compared to the total 10 number or percentage of individuals of that race, color, religion, sex, age, national 11 origin, GENDER IDENTITY, or sexual orientation or individuals with disabilities in the 12 State or any community, section, or other area, or in the available work force in the 13 State or any community, section, or other area; or 14 (2) an employer to reasonably accommodate an employee’s religion or 15 disability if the accommodation would cause undue hardship on the conduct of the 16 employer’s business. 17 20–604. 18 This subtitle does not apply to: 19 (2) a religious corporation, association, educational institution, or 20 society with respect to the employment of individuals of a particular religion, [or] 21 sexual orientation, OR GENDER IDENTITY to perform work connected with the 22 activities of the religious entity. 23 20–605. 24 (a) Notwithstanding any other provision of this subtitle, this subtitle does 25 not prohibit: 26 (2) an employer from establishing [standards concerning an 27 employee’s dress and grooming, if the standards are directly related to the nature of 28 the employment of the employee] AND REQUIRING AN EMPLOYEE TO ADHERE TO 29 REASONABLE WORKPLACE APPEARANCE, GROOMING, AND DRESS STANDARDS 30 THAT ARE DIRECTLY RELATED TO THE NATURE OF THE EMPLOYMENT OF THE 31 EMPLOYEE AND THAT ARE NOT PRECLUDED BY ANY PROVISION OF STATE OR 32 FEDERAL LAW, AS LONG AS THE EMPLOYER ALLOWS ANY EMPLOYEE TO APPEAR, 33 GROOM, AND DRESS CONSISTENT WITH THE EMPLOYEE’S GENDER IDENTITY; 34 20–606. 35 (a) An employer may not: 36 HOUSE BILL 235 5 (1) fail or refuse to hire, discharge, or otherwise discriminate against 1 any individual with respect to the individual’s compensation, terms, conditions, or 2 privileges of employment because of: 3 (i) the individual’s race, color, religion, sex, age, national origin, 4 marital status, sexual orientation, GENDER IDENTITY, genetic information, or 5 disability unrelated in nature and extent so as to reasonably preclude the performance 6 of the employment; or 7 (ii) the individual’s refusal to submit to a genetic test or make 8 available the results of a genetic test; 9 (2) limit, segregate, or classify its employees or applicants for 10 employment in any way that would deprive or tend to deprive any individual of 11 employment opportunities or otherwise adversely affect the individual’s status as an 12 employee because of: 13 (i) the individual’s race, color, religion, sex, age, national origin, 14 marital status, sexual orientation, GENDER IDENTITY, genetic information, or 15 disability unrelated in nature and extent so as to reasonably preclude the performance 16 of the employment; or 17 (ii) the individual’s refusal to submit to a genetic test or make 18 available the results of a genetic test; 19 (3) request or require genetic tests or genetic information as a 20 condition of hiring or determining benefits; or 21 (4) fail or refuse to make a reasonable accommodation for the known 22 disability of an otherwise qualified employee. 23 (b) An employment agency may not: 24 (1) fail or refuse to refer for employment or otherwise discriminate 25 against any individual because of the individual’s race, color, religion, sex, age, 26 national origin, marital status, sexual orientation, GENDER IDENTITY, or disability 27 unrelated in nature and extent so as to reasonably preclude the performance of the 28 employment; or 29 (2) classify or refer for employment any individual on the basis of the 30 individual’s race, color, religion, sex, age, national origin, marital status, sexual 31 orientation, GENDER IDENTITY, or disability unrelated in nature and extent so as to 32 reasonably preclude the performance of the employment. 33 (c) A labor organization may not: 34 6 HOUSE BILL 235 (1) exclude or expel from its membership, or otherwise discriminate 1 against, any individual because of the individual’s race, color, religion, sex, age, 2 national origin, marital status, sexual orientation, GENDER IDENTITY, or disability 3 unrelated in nature and extent so as to reasonably preclude the performance of the 4 employment; 5 (2) limit, segregate, or classify its membership, or classify or fail or 6 refuse to refer for employment any individual, in any way that would deprive or tend 7 to deprive the individual of employment opportunities, limit the individual’s 8 employment opportunities, or otherwise adversely affect the individual’s status as an 9 employee or as an applicant for employment because of the individual’s race, color, 10 religion, sex, age, national origin, marital status, sexual orientation, GENDER 11 IDENTITY, or disability unrelated in nature and extent so as to reasonably preclude 12 the performance of the employment; or 13 (3) cause or attempt to cause an employer to discriminate against an 14 individual in violation of this section. 15 (d) An employer, labor organization, or joint labor–management committee 16 controlling apprenticeship or other training or retraining programs, including 17 on–the–job training programs, may not discriminate against any individual in 18 admission to, or employment in, any program established to provide apprenticeship or 19 other training or retraining because of the individual’s race, color, religion, sex, age, 20 national origin, marital status, sexual orientation, GENDER IDENTITY, or disability 21 unrelated in nature and extent so as to reasonably preclude the performance of the 22 employment. 23 (e) (1) Except as provided in paragraph (2) of this subsection, an 24 employer, labor organization, or employment agency may not print or cause to be 25 printed or published any notice or advertisement relating to employment by the 26 employer, membership in or any classification or referral for employment by the labor 27 organization, or any classification or referral for employment by the employment 28 agency that indicates any preference, limitation, specification, or discrimination based 29 on race, color, religion, sex, age, national origin, marital status, sexual orientation, 30 GENDER IDENTITY, or disability. 31 (2) A notice or advertisement may indicate a preference, limitation, 32 specification, or discrimination based on religion, sex, age, national origin, marital 33 status, or disability if religion, sex, age, national origin, marital status, or disability is 34 a bona fide occupational qualification for employment. 35 20–608. 36 An employer shall be immune from liability under this title or under the 37 common law arising out of reasonable acts taken by the employer to verify the sexual 38 orientation OR GENDER IDENTITY of any employee or applicant in response to a 39 HOUSE BILL 235 7 charge filed against the employer on the basis of sexual orientation OR GENDER 1 IDENTITY. 2 20–702. 3 (a) It is the policy of the State: 4 (1) to provide for fair housing throughout the State to all, regardless of 5 race, color, religion, sex, familial status, national origin, marital status, sexual 6 orientation, GENDER IDENTITY, or disability; and 7 (2) to that end, to prohibit discriminatory practices with respect to 8 residential housing by any person, in order to protect and [insure] ENSURE the peace, 9 health, safety, prosperity, and general welfare of all. 10 20–704. 11 (a) This subtitle does not apply to: 12 (2) with respect to discrimination on the basis of sex, sexual 13 orientation, GENDER IDENTITY, or marital status: 14 (i) the rental of rooms in any dwelling, if the owner maintains 15 the dwelling as the owner’s principal residence; or 16 (ii) the rental of any apartment in a dwelling that contains not 17 more than five rental units, if the owner maintains the dwelling as the owner’s 18 principal residence. 19 20–705. 20 Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: 21 (1) refuse to sell or rent after the making of a bona fide offer, refuse to 22 negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to 23 any person because of race, color, religion, sex, disability, marital status, familial 24 status, sexual orientation, GENDER IDENTITY, or national origin; 25 (2) discriminate against any person in the terms, conditions, or 26 privileges of the sale or rental of a dwelling, or in the provision of services or facilities 27 in connection with the sale or rental of a dwelling, because of race, color, religion, sex, 28 disability, marital status, familial status, sexual orientation, GENDER IDENTITY, or 29 national origin; 30 (3) make, print, or publish, or cause to be made, printed, or published, 31 any notice, statement, or advertisement with respect to the sale or rental of a dwelling 32 that indicates any preference, limitation, or discrimination based on race, color, 33 8 HOUSE BILL 235 religion, sex, disability, marital status, familial status, sexual orientation, GENDER 1 IDENTITY, or national origin, or an intention to make any preference, limitation, or 2 discrimination; 3 (4) represent to any person, because of race, color, religion, sex, 4 disability, marital status, familial status, sexual orientation, GENDER IDENTITY, or 5 national origin, that any dwelling is not available for inspection, sale, or rental when 6 the dwelling is available; or 7 (5) for profit, induce or attempt to induce any person to sell or rent 8 any dwelling by representations regarding the entry or prospective entry into the 9 neighborhood of a person of a particular race, color, religion, sex, disability, marital 10 status, familial status, sexual orientation, GENDER IDENTITY, or national origin. 11 20–707. 12 (b) (1) A person whose business includes engaging in residential real 13 estate–related transactions may not discriminate against any person in making 14 available a transaction, or in the terms or conditions of a transaction, because of race, 15 color, religion, sex, disability, marital status, familial status, sexual orientation, 16 GENDER IDENTITY, or national origin. 17 (2) Paragraph (1) of this subsection does not prohibit a person engaged 18 in the business of furnishing appraisals of real property from taking into consideration 19 factors other than race, color, religion, sex, disability, marital status, familial status, 20 sexual orientation, GENDER IDENTITY, or national origin. 21 (c) A person may not, because of race, color, religion, sex, disability, marital 22 status, familial status, sexual orientation, GENDER IDENTITY, or national origin: 23 (1) deny a person access to, or membership or participation in, a 24 multiple–listing service, real estate brokers’ organization, or other service, 25 organization, or facility relating to the business of selling or renting dwellings; or 26 (2) discriminate against a person in the terms or conditions of 27 membership or participation. 28 20–1103. 29 (b) Whether or not acting under color of law, a person may not, by force or 30 threat of force, willfully injure, intimidate, interfere with, or attempt to injure, 31 intimidate, or interfere with: 32 (1) any person because of race, color, religion, sex, disability, marital 33 status, familial status, sexual orientation, GENDER IDENTITY, or national origin and 34 because the person is or has been: 35 HOUSE BILL 235 9 (i) selling, purchasing, renting, financing, occupying, or 1 contracting or negotiating for the sale, purchase, rental, financing, or occupation of 2 any dwelling; or 3 (ii) applying for or participating in any service, organization, or 4 facility relating to the business of selling or renting dwellings; 5 (2) any person because the person is or has been, or in order to 6 intimidate the person or any other person or any class of persons from: 7 (i) participating, without discrimination on account of race, 8 color, religion, sex, disability, marital status, familial status, sexual orientation, 9 GENDER IDENTITY, or national origin, in any of the activities, services, organizations, 10 or facilities described in item (1) of this subsection; or 11 (ii) affording another person or class of persons the opportunity 12 or protection to participate in any of the activities, services, organizations, or facilities 13 described in item (1) of this subsection; or 14 (3) any person because the person is or has been, or in order to 15 discourage the person or any other person from: 16 (i) lawfully aiding or encouraging other persons to participate, 17 without discrimination on account of race, color, religion, sex, disability, marital 18 status, familial status, sexual orientation, GENDER IDENTITY, or national origin, in 19 any of the activities, services, organizations, or facilities described in item (1) of this 20 subsection; or 21 (ii) participating lawfully in speech or peaceful assembly 22 opposing any denial of the opportunity to participate in any of the activities, services, 23 organizations, or facilities described in item (1) of this subsection. 24 Article – State Personnel and Pensions 25 2–302. 26 (a) The State recognizes and honors the value and dignity of every person 27 and understands the importance of providing employees and applicants for 28 employment with a fair opportunity to pursue their careers in an environment free of 29 discrimination or harassment prohibited by law. 30 (b) (1) Except as provided in paragraph (2) of this subsection or by other 31 law, all personnel actions concerning a State employee or applicant for employment in 32 State government shall be made without regard to: 33 (i) age; 34 10 HOUSE BILL 235 (ii) ancestry; 1 (iii) color; 2 (iv) creed; 3 (V) GENDER IDENTITY; 4 [(v)] (VI) marital status; 5 [(vi)] (VII) mental or physical disability; 6 [(vii)] (VIII) national origin; 7 [(viii)] (IX) race; 8 [(ix)] (X) religious affiliation, belief, or opinion; [or] 9 [(x)] (XI) sex; OR 10 (XII) SEXUAL ORIENTATION. 11 (2) A personnel action may be taken with regard to age, sex, or 12 disability to the extent that age, sex, or physical or mental qualification is required by 13 law or is a bona fide occupational qualification. 14 (c) (1) Each State employee is expected to assume personal responsibility 15 and leadership in ensuring fair employment practices and equal employment 16 opportunity in Maryland State government. 17 (2) Employment discrimination and harassment by State managers, 18 supervisors, or other employees is prohibited. 19 (3) A State employee who violates this subtitle is subject to 20 disciplinary action by the employee’s appointing authority, including the termination 21 of State employment. 22 (d) The Equal Employment Opportunity Program in Title 5, Subtitle 2 of this 23 article governs all employees of any unit in the Executive Branch of State government, 24 including a unit with an independent personnel system. 25 (e) (1) At least annually, the Secretary shall report on the Equal 26 Employment Opportunity Program established in § 5–202 of this article to the Joint 27 Committee on Fair Practices and State Personnel Oversight. 28 (2) The head of a personnel system in the Legislative and Judicial 29 branches may report periodically on equal employment opportunity programs and 30 HOUSE BILL 235 11 policies in effect in that personnel system to the Joint Committee on Fair Practices 1 and State Personnel Oversight. 2 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 3 October 1, 2011. 4