Text of MD SB 212 (2014)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *sb0212* SENATE BILL 212 D5 4lr0817 SB 449/13 – JPR By: Senators Madaleno, Raskin, Manno, Benson, Conway, Currie, Feldman, Ferguson, Forehand, Frosh, Gladden, Jones–Rodwell, Kasemeyer, Kelley, King, Kittleman, McFadden, Montgomery, Pinsky, Pugh, Ramirez, Robey, Rosapepe, Young, and Zirkin Introduced and read first time: January 16, 2014 Assigned to: Judicial Proceedings A BILL ENTITLED AN ACT concerning 1 Fairness for All Marylanders Act of 2014 2 FOR the purpose of prohibiting discrimination based on gender identity with regard to 3 public accommodations, housing, and employment; prohibiting discrimination 4 based on gender identity by certain licensed or regulated persons; prohibiting 5 discrimination based on sexual orientation or gender identity with regard to the 6 leasing of property for commercial usage or in the provision of certain services 7 or facilities; altering a certain exception for employers that relates to standards 8 concerning dress and grooming; providing that an employer is immune from 9 certain liability for certain acts to verify the gender identity of any employee or 10 applicant in response to a certain charge; making certain remedies and 11 procedures regarding discrimination applicable to discrimination based on 12 sexual orientation and gender identity; requiring certain State personnel 13 actions to be made without regard to gender identity or sexual orientation; 14 defining the term “gender identity”; making certain conforming changes; 15 making certain legislative findings and declarations; and generally relating to 16 discrimination based on sexual orientation and gender identity. 17 BY renumbering 18 Article – State Government 19 Section 20–101(e) and (f), respectively 20 to be Section 20–101(f) and (g), respectively 21 Annotated Code of Maryland 22 (2009 Replacement Volume and 2013 Supplement) 23 BY adding to 24 Article – State Government 25 Section 20–101(e) and 20–102 26 2 SENATE BILL 212 Annotated Code of Maryland 1 (2009 Replacement Volume and 2013 Supplement) 2 BY repealing and reenacting, without amendments, 3 Article – State Government 4 Section 20–301 and 20–303 5 Annotated Code of Maryland 6 (2009 Replacement Volume and 2013 Supplement) 7 BY repealing and reenacting, with amendments, 8 Article – State Government 9 Section 20–302, 20–304, 20–401, 20–402, 20–501, 20–602, 20–603, 20–605(a)(2), 10 20–606(a) through (e), 20–608, 20–702(a), 20–704(a)(2), 20–705, 11 20–707(b) and (c), and 20–1103(b) 12 Annotated Code of Maryland 13 (2009 Replacement Volume and 2013 Supplement) 14 BY repealing and reenacting, with amendments, 15 Article – State Personnel and Pensions 16 Section 2–302 17 Annotated Code of Maryland 18 (2009 Replacement Volume and 2013 Supplement) 19 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 20 MARYLAND, That Section(s) 20–101(e) and (f), respectively, of Article – State 21 Government of the Annotated Code of Maryland be renumbered to be Section(s) 22 20–101(f) and (g), respectively. 23 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland 24 read as follows: 25 Article – State Government 26 20–101. 27 (E) “GENDER IDENTITY” MEANS A GENDER–RELATED IDENTITY, 28 APPEARANCE, EXPRESSION, OR BEHAVIOR OF AN INDIVIDUAL REGARDLESS OF 29 THE INDIVIDUAL’S ASSIGNED SEX AT BIRTH. 30 20–102. 31 THE GENERAL ASSEMBLY FINDS AND DECLARES THAT: 32 (1) THERE IS A NEED TO PROHIBIT DISCRIMINATION ON THE 33 BASIS OF RACE, COLOR, RELIGION, ANCESTRY, NATIONAL ORIGIN, AGE, SEX, 34 MARITAL STATUS, DISABILITY, SEXUAL ORIENTATION, AND GENDER IDENTITY IN 35 SENATE BILL 212 3 THE AREAS OF EMPLOYMENT, HOUSING, CREDIT, AND PUBLIC 1 ACCOMMODATIONS; 2 (2) THE STATE HAS THE RESPONSIBILITY TO ACT TO ASSURE 3 THAT EVERY INDIVIDUAL WITHIN THE STATE IS AFFORDED AN EQUAL 4 OPPORTUNITY TO ENJOY A FULL AND PRODUCTIVE LIFE, AND THE FAILURE TO 5 PROVIDE SUCH EQUAL OPPORTUNITY, WHETHER BECAUSE OF DISCRIMINATION, 6 PREJUDICE, OR INTOLERANCE, THREATENS THE WELFARE OF THE STATE AND 7 ITS INHABITANTS; 8 (3) MANY RESIDENTS OF THE STATE HAVE ENCOUNTERED 9 PREJUDICE ON ACCOUNT OF THEIR RACE, COLOR, RELIGION, ANCESTRY, 10 NATIONAL ORIGIN, AGE, SEX, MARITAL STATUS, DISABILITY, SEXUAL 11 ORIENTATION, OR GENDER IDENTITY, AND THIS PREJUDICE HAS SEVERELY 12 LIMITED OR ACTUALLY PREVENTED ACCESS TO BASIC NECESSITIES OF LIFE, 13 LEADING TO DEPRIVATION AND SUFFERING; 14 (4) THE OPPORTUNITY TO OBTAIN EMPLOYMENT, HOUSING, 15 CREDIT, AND PUBLIC ACCOMMODATIONS WITHOUT DISCRIMINATION IS HEREBY 16 RECOGNIZED AS AND DECLARED TO BE A CIVIL RIGHT; AND 17 (5) THESE FINDINGS ARE INTENDED TO CODIFY THE PRINCIPLES 18 OF JUSTICE AND EQUAL OPPORTUNITY AND TO ENSURE THAT THE PUBLIC 19 UNDERSTANDS THAT DISCRIMINATION ON THE BASIS OF RACE, COLOR, 20 RELIGION, ANCESTRY, NATIONAL ORIGIN, AGE, SEX, MARITAL STATUS, 21 DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY IS EXPRESSLY 22 PROHIBITED. 23 20–301. 24 In this subtitle, “place of public accommodation” means: 25 (1) an inn, hotel, motel, or other establishment that provides lodging 26 to transient guests; 27 (2) a restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or 28 other facility principally engaged in selling food or alcoholic beverages for consumption 29 on or off the premises, including a facility located on the premises of a retail 30 establishment or gasoline station; 31 (3) a motion picture house, theater, concert hall, sports arena, 32 stadium, or other place of exhibition or entertainment; 33 (4) a retail establishment that: 34 4 SENATE BILL 212 (i) is operated by a public or private entity; and 1 (ii) offers goods, services, entertainment, recreation, or 2 transportation; and 3 (5) an establishment: 4 (i) 1. that is physically located within the premises of any 5 other establishment covered by this subtitle; or 6 2. within the premises of which any other establishment 7 covered by this subtitle is physically located; and 8 (ii) that holds itself out as serving patrons of the covered 9 establishment. 10 20–302. 11 This subtitle does not prohibit the proprietor or employees of any establishment 12 from denying service to any person for failure to conform to the usual and regular 13 requirements, standards, and regulations of the establishment, provided that the 14 denial is not based on discrimination on the grounds of race, sex, age, color, creed, 15 national origin, marital status, sexual orientation, GENDER IDENTITY, or disability. 16 20–303. 17 This subtitle does not apply: 18 (1) to a private club or other establishment that is not open to the 19 public, except to the extent that the facilities of the private club or other establishment 20 are made available to the customers or patrons of an establishment within the scope of 21 this subtitle; 22 (2) with respect to sex discrimination, to a facility that is: 23 (i) uniquely private and personal in nature; and 24 (ii) designed to accommodate only a particular sex; and 25 (3) to an establishment providing lodging to transient guests located 26 within a building that: 27 (i) contains not more than five rooms for rent or hire; and 28 (ii) is occupied by the proprietor of the establishment as the 29 proprietor’s residence. 30 SENATE BILL 212 5 20–304. 1 An owner or operator of a place of public accommodation or an agent or 2 employee of the owner or operator may not refuse, withhold from, or deny to any 3 person any of the accommodations, advantages, facilities, or privileges of the place of 4 public accommodation because of the person’s race, sex, age, color, creed, national 5 origin, marital status, sexual orientation, GENDER IDENTITY, or disability. 6 20–401. 7 This subtitle does not prohibit any person that is licensed or regulated by the 8 Department of Labor, Licensing, and Regulation from refusing, withholding from, or 9 denying accommodations, advantages, facilities, privileges, sales, or services to any 10 person for failure to conform to the usual and regular requirements, standards, and 11 regulations of the licensed or regulated person, provided that the denial is not based 12 on discrimination on the grounds of race, sex, color, creed, national origin, marital 13 status, sexual orientation, age, GENDER IDENTITY, or disability. 14 20–402. 15 A person that is licensed or regulated by a unit in the Department of Labor, 16 Licensing, and Regulation listed in § 2–108 of the Business Regulation Article may not 17 refuse, withhold from, or deny any person any of the accommodations, advantages, 18 facilities, privileges, sales, or services of the licensed or regulated person or 19 discriminate against any person because of the person’s race, sex, creed, color, national 20 origin, marital status, sexual orientation, age, GENDER IDENTITY, or disability. 21 20–501. 22 An owner or operator of commercial property, an agent or employee of the owner 23 or operator of commercial property, or a person that is licensed or regulated by the 24 State may not discriminate against an individual in the terms, conditions, or 25 privileges of the leasing of property for commercial use, or in the provision of services 26 or facilities in connection with the leasing of property for commercial use, because of 27 the individual’s race, color, religion, sex, age, disability, marital status, SEXUAL 28 ORIENTATION, GENDER IDENTITY, or national origin. 29 20–602. 30 It is the policy of the State, in the exercise of its police power for the protection 31 of the public safety, public health, and general welfare, for the maintenance of 32 business and good government, and for the promotion of the State’s trade, commerce, 33 and manufacturers: 34 (1) to assure all persons equal opportunity in receiving employment 35 and in all labor management–union relations, regardless of race, color, religion, 36 6 SENATE BILL 212 ancestry or national origin, sex, age, marital status, sexual orientation, GENDER 1 IDENTITY, or disability unrelated in nature and extent so as to reasonably preclude 2 the performance of the employment; and 3 (2) to that end, to prohibit discrimination in employment by any 4 person. 5 20–603. 6 This subtitle does not require: 7 (1) an employer, employment agency, labor organization, or joint 8 labor–management committee subject to this subtitle to grant preferential treatment 9 to any individual or group on the basis of the race, color, religion, sex, age, national 10 origin, GENDER IDENTITY, sexual orientation, or disability of the individual or group 11 because an imbalance may exist with respect to the total number or percentage of 12 individuals of any race, color, religion, sex, age, national origin, GENDER IDENTITY, 13 or sexual orientation or individuals with disabilities employed by the employer, 14 referred or classified for employment by the employment agency or labor organization, 15 admitted to membership or classified by the labor organization, or admitted to, or 16 employed in, any apprenticeship or other training program, compared to the total 17 number or percentage of individuals of that race, color, religion, sex, age, national 18 origin, GENDER IDENTITY, or sexual orientation or individuals with disabilities in the 19 State or any community, section, or other area, or in the available work force in the 20 State or any community, section, or other area; or 21 (2) an employer to reasonably accommodate an employee’s religion or 22 disability if the accommodation would cause undue hardship on the conduct of the 23 employer’s business. 24 20–605. 25 (a) Notwithstanding any other provision of this subtitle, this subtitle does 26 not prohibit: 27 (2) an employer from establishing [standards concerning an 28 employee’s dress and grooming, if the standards are directly related to the nature of 29 the employment of the employee] AND REQUIRING AN EMPLOYEE TO ADHERE TO 30 REASONABLE WORKPLACE APPEARANCE, GROOMING, AND DRESS STANDARDS 31 THAT ARE DIRECTLY RELATED TO THE NATURE OF THE EMPLOYMENT OF THE 32 EMPLOYEE AND THAT ARE NOT PRECLUDED BY ANY PROVISION OF STATE OR 33 FEDERAL LAW, AS LONG AS THE EMPLOYER ALLOWS ANY EMPLOYEE TO APPEAR, 34 GROOM, AND DRESS CONSISTENT WITH THE EMPLOYEE’S GENDER IDENTITY; 35 20–606. 36 SENATE BILL 212 7 (a) An employer may not: 1 (1) fail or refuse to hire, discharge, or otherwise discriminate against 2 any individual with respect to the individual’s compensation, terms, conditions, or 3 privileges of employment because of: 4 (i) the individual’s race, color, religion, sex, age, national origin, 5 marital status, sexual orientation, GENDER IDENTITY, genetic information, or 6 disability unrelated in nature and extent so as to reasonably preclude the performance 7 of the employment; or 8 (ii) the individual’s refusal to submit to a genetic test or make 9 available the results of a genetic test; 10 (2) limit, segregate, or classify its employees or applicants for 11 employment in any way that would deprive or tend to deprive any individual of 12 employment opportunities or otherwise adversely affect the individual’s status as an 13 employee because of: 14 (i) the individual’s race, color, religion, sex, age, national origin, 15 marital status, sexual orientation, GENDER IDENTITY, genetic information, or 16 disability unrelated in nature and extent so as to reasonably preclude the performance 17 of the employment; or 18 (ii) the individual’s refusal to submit to a genetic test or make 19 available the results of a genetic test; 20 (3) request or require genetic tests or genetic information as a 21 condition of hiring or determining benefits; or 22 (4) fail or refuse to make a reasonable accommodation for the known 23 disability of an otherwise qualified employee. 24 (b) An employment agency may not: 25 (1) fail or refuse to refer for employment or otherwise discriminate 26 against any individual because of the individual’s race, color, religion, sex, age, 27 national origin, marital status, sexual orientation, GENDER IDENTITY, or disability 28 unrelated in nature and extent so as to reasonably preclude the performance of the 29 employment; or 30 (2) classify or refer for employment any individual on the basis of the 31 individual’s race, color, religion, sex, age, national origin, marital status, sexual 32 orientation, GENDER IDENTITY, or disability unrelated in nature and extent so as to 33 reasonably preclude the performance of the employment. 34 (c) A labor organization may not: 35 8 SENATE BILL 212 (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 SENATE BILL 212 9 orientation OR GENDER IDENTITY of any employee or applicant in response to a 1 charge filed against the employer on the basis of sexual orientation OR GENDER 2 IDENTITY. 3 20–702. 4 (a) It is the policy of the State: 5 (1) to provide for fair housing throughout the State to all, regardless of 6 race, color, religion, sex, familial status, national origin, marital status, sexual 7 orientation, GENDER IDENTITY, or disability; and 8 (2) to that end, to prohibit discriminatory practices with respect to 9 residential housing by any person, in order to protect and insure the peace, health, 10 safety, prosperity, and general welfare of all. 11 20–704. 12 (a) This subtitle does not apply to: 13 (2) with respect to discrimination on the basis of sex, sexual 14 orientation, GENDER IDENTITY, or marital status: 15 (i) the rental of rooms in any dwelling, if the owner maintains 16 the dwelling as the owner’s principal residence; or 17 (ii) the rental of any apartment in a dwelling that contains not 18 more than five rental units, if the owner maintains the dwelling as the owner’s 19 principal residence. 20 20–705. 21 Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: 22 (1) refuse to sell or rent after the making of a bona fide offer, refuse to 23 negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to 24 any person because of race, color, religion, sex, disability, marital status, familial 25 status, sexual orientation, GENDER IDENTITY, or national origin; 26 (2) discriminate against any person in the terms, conditions, or 27 privileges of the sale or rental of a dwelling, or in the provision of services or facilities 28 in connection with the sale or rental of a dwelling, because of race, color, religion, sex, 29 disability, marital status, familial status, sexual orientation, GENDER IDENTITY, or 30 national origin; 31 10 SENATE BILL 212 (3) make, print, or publish, or cause to be made, printed, or published, 1 any notice, statement, or advertisement with respect to the sale or rental of a dwelling 2 that indicates any preference, limitation, or discrimination based on race, color, 3 religion, sex, disability, marital status, familial status, sexual orientation, GENDER 4 IDENTITY, or national origin, or an intention to make any preference, limitation, or 5 discrimination; 6 (4) represent to any person, because of race, color, religion, sex, 7 disability, marital status, familial status, sexual orientation, GENDER IDENTITY, or 8 national origin, that any dwelling is not available for inspection, sale, or rental when 9 the dwelling is available; or 10 (5) for profit, induce or attempt to induce any person to sell or rent 11 any dwelling by representations regarding the entry or prospective entry into the 12 neighborhood of a person of a particular race, color, religion, sex, disability, marital 13 status, familial status, sexual orientation, GENDER IDENTITY, or national origin. 14 20–707. 15 (b) (1) A person whose business includes engaging in residential real 16 estate–related transactions may not discriminate against any person in making 17 available a transaction, or in the terms or conditions of a transaction, because of race, 18 color, religion, sex, disability, marital status, familial status, sexual orientation, 19 GENDER IDENTITY, or national origin. 20 (2) Paragraph (1) of this subsection does not prohibit a person engaged 21 in the business of furnishing appraisals of real property from taking into consideration 22 factors other than race, color, religion, sex, disability, marital status, familial status, 23 sexual orientation, GENDER IDENTITY, or national origin. 24 (c) A person may not, because of race, color, religion, sex, disability, marital 25 status, familial status, sexual orientation, GENDER IDENTITY, or national origin: 26 (1) deny a person access to, or membership or participation in, a 27 multiple–listing service, real estate brokers’ organization, or other service, 28 organization, or facility relating to the business of selling or renting dwellings; or 29 (2) discriminate against a person in the terms or conditions of 30 membership or participation. 31 20–1103. 32 (b) Whether or not acting under color of law, a person may not, by force or 33 threat of force, willfully injure, intimidate, interfere with, or attempt to injure, 34 intimidate, or interfere with: 35 SENATE BILL 212 11 (1) any person because of race, color, religion, sex, disability, marital 1 status, familial status, sexual orientation, GENDER IDENTITY, or national origin and 2 because the person is or has been: 3 (i) selling, purchasing, renting, financing, occupying, or 4 contracting or negotiating for the sale, purchase, rental, financing, or occupation of 5 any dwelling; or 6 (ii) applying for or participating in any service, organization, or 7 facility relating to the business of selling or renting dwellings; 8 (2) any person because the person is or has been, or in order to 9 intimidate the person or any other person or any class of persons from: 10 (i) participating, without discrimination on account of race, 11 color, religion, sex, disability, marital status, familial status, sexual orientation, 12 GENDER IDENTITY, or national origin, in any of the activities, services, organizations, 13 or facilities described in item (1) of this subsection; or 14 (ii) affording another person or class of persons the opportunity 15 or protection to participate in any of the activities, services, organizations, or facilities 16 described in item (1) of this subsection; or 17 (3) any person because the person is or has been, or in order to 18 discourage the person or any other person from: 19 (i) lawfully aiding or encouraging other persons to participate, 20 without discrimination on account of race, color, religion, sex, disability, marital 21 status, familial status, sexual orientation, GENDER IDENTITY, or national origin, in 22 any of the activities, services, organizations, or facilities described in item (1) of this 23 subsection; or 24 (ii) participating lawfully in speech or peaceful assembly 25 opposing any denial of the opportunity to participate in any of the activities, services, 26 organizations, or facilities described in item (1) of this subsection. 27 Article – State Personnel and Pensions 28 2–302. 29 (a) The State recognizes and honors the value and dignity of every person 30 and understands the importance of providing employees and applicants for 31 employment with a fair opportunity to pursue their careers in an environment free of 32 discrimination or harassment prohibited by law. 33 12 SENATE BILL 212 (b) (1) Except as provided in paragraph (2) of this subsection or by other 1 law, all personnel actions concerning a State employee or applicant for employment in 2 State government shall be made without regard to: 3 (i) age; 4 (ii) ancestry; 5 (iii) color; 6 (iv) creed; 7 (V) GENDER IDENTITY; 8 [(v)] (VI) marital status; 9 [(vi)] (VII) mental or physical disability; 10 [(vii)] (VIII) national origin; 11 [(viii)] (IX) race; 12 [(ix)] (X) religious affiliation, belief, or opinion; [or] 13 [(x)] (XI) sex; OR 14 (XII) SEXUAL ORIENTATION. 15 (2) A personnel action may be taken with regard to age, sex, or 16 disability to the extent that age, sex, or physical or mental qualification is required by 17 law or is a bona fide occupational qualification. 18 (c) (1) Each State employee is expected to assume personal responsibility 19 and leadership in ensuring fair employment practices and equal employment 20 opportunity in Maryland State government. 21 (2) Employment discrimination and harassment by State managers, 22 supervisors, or other employees is prohibited. 23 (3) A State employee who violates this subtitle is subject to 24 disciplinary action by the employee’s appointing authority, including the termination 25 of State employment. 26 (d) The Equal Employment Opportunity Program in Title 5, Subtitle 2 of this 27 article governs all employees of any unit in the Executive Branch of State government, 28 including a unit with an independent personnel system. 29 SENATE BILL 212 13 (e) (1) At least annually, the Secretary shall report on the Equal 1 Employment Opportunity Program established in § 5–202 of this article to the Joint 2 Committee on Fair Practices and State Personnel Oversight. 3 (2) The head of a personnel system in the Legislative and Judicial 4 branches may report periodically on equal employment opportunity programs and 5 policies in effect in that personnel system to the Joint Committee on Fair Practices 6 and State Personnel Oversight. 7 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 8 October 1, 2014. 9

MARTIN O'MALLEY, Governor Ch. 474 – 1 – Chapter 474 (Senate Bill 212) AN ACT concerning Fairness for All Marylanders Act of 2014 FOR the purpose of prohibiting discrimination based on gender identity with regard to public accommodations, housing, and employment; altering the applicability of certain provisions of law prohibiting discrimination in places of public accommodation; prohibiting discrimination based on gender identity by certain licensed or regulated persons; prohibiting discrimination based on sexual orientation or gender identity with regard to the leasing of property for commercial usage or in the provision of certain services or facilities; altering the applicability of certain provisions of law prohibiting discrimination in employment; altering a certain exception for employers that relates to standards concerning dress and grooming; providing that an employer is immune from certain liability for certain acts to verify the gender identity of any employee or applicant in response to a certain charge; making certain remedies and procedures regarding discrimination applicable to discrimination based on sexual orientation and gender identity; requiring certain State personnel actions to be made without regard to gender identity or sexual orientation; defining the term “gender identity”; making certain conforming changes; making certain legislative findings and declarations; and generally relating to discrimination based on sexual orientation and gender identity. BY renumbering Article – State Government Section 20–101(e) and (f), respectively to be Section 20–101(f) and (g), respectively Annotated Code of Maryland (2009 Replacement Volume and 2013 Supplement) BY adding to Article – State Government Section 20–101(e) and 20–102 Annotated Code of Maryland (2009 Replacement Volume and 2013 Supplement) BY repealing and reenacting, without amendments, Article – State Government Section 20–301 and 20–303 Annotated Code of Maryland (2009 Replacement Volume and 2013 Supplement) Ch. 474 2014 LAWS OF MARYLAND – 2 – BY repealing and reenacting, with amendments, Article – State Government Section 20–302, 20–303, 20–304, 20–401, 20–402, 20–501, 20–602, 20–603, 20–604, 20–605(a)(2), 20–606(a) through (e), 20–608, 20–702(a), 20–704(a)(2), 20–705, 20–707(b) and (c), and 20–1103(b) Annotated Code of Maryland (2009 Replacement Volume and 2013 Supplement) BY repealing and reenacting, with amendments, Article – State Personnel and Pensions Section 2–302 Annotated Code of Maryland (2009 Replacement Volume and 2013 Supplement) SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That Section(s) 20–101(e) and (f), respectively, of Article – State Government of the Annotated Code of Maryland be renumbered to be Section(s) 20–101(f) and (g), respectively. SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read as follows: Article – State Government 20–101. (E) “GENDER IDENTITY” MEANS A GENDER–RELATED IDENTITY, APPEARANCE, EXPRESSION, OR BEHAVIOR OF AN INDIVIDUAL REGARDLESS OF THE INDIVIDUAL’S ASSIGNED SEX AT BIRTH. (E) “GENDER IDENTITY” MEANS A PERSISTENT, BONA FIDE GENDER–RELATED IDENTITY AND THE CONSISTENT, PUBLIC MANIFESTATION OF THAT IDENTITY IN THE GENDER–RELATED APPEARANCE OF AN INDIVIDUAL REGARDLESS OF THE INDIVIDUAL’S ASSIGNED SEX AT BIRTH THE GENDER–RELATED IDENTITY, APPEARANCE, EXPRESSION, OR BEHAVIOR OF A PERSON, REGARDLESS OF THE PERSON’S ASSIGNED SEX AT BIRTH, WHICH MAY BE DEMONSTRATED BY: (1) CONSISTENT AND UNIFORM ASSERTION OF THE PERSON’S GENDER IDENTITY; OR (2) ANY OTHER EVIDENCE THAT THE GENDER IDENTITY IS SINCERELY HELD AS PART OF THE PERSON’S CORE IDENTITY. MARTIN O'MALLEY, Governor Ch. 474 – 3 – 20–102. THE GENERAL ASSEMBLY FINDS AND DECLARES THAT: (1) THERE IS A NEED TO PROHIBIT DISCRIMINATION ON THE BASIS OF RACE, COLOR, RELIGION, ANCESTRY, NATIONAL ORIGIN, AGE, SEX, MARITAL STATUS, DISABILITY, SEXUAL ORIENTATION, AND GENDER IDENTITY IN THE AREAS OF EMPLOYMENT, HOUSING, CREDIT, AND PUBLIC ACCOMMODATIONS; (2) THE STATE HAS THE RESPONSIBILITY TO ACT TO ASSURE THAT EVERY INDIVIDUAL WITHIN THE STATE IS AFFORDED AN EQUAL OPPORTUNITY TO ENJOY A FULL AND PRODUCTIVE LIFE, AND THE FAILURE TO PROVIDE SUCH EQUAL OPPORTUNITY, WHETHER BECAUSE OF DISCRIMINATION, PREJUDICE, OR INTOLERANCE, THREATENS THE WELFARE OF THE STATE AND ITS INHABITANTS; (3) MANY RESIDENTS OF THE STATE HAVE ENCOUNTERED PREJUDICE ON ACCOUNT OF THEIR RACE, COLOR, RELIGION, ANCESTRY, NATIONAL ORIGIN, AGE, SEX, MARITAL STATUS, DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY, AND THIS PREJUDICE HAS SEVERELY LIMITED OR ACTUALLY PREVENTED ACCESS TO BASIC NECESSITIES OF LIFE, LEADING TO DEPRIVATION AND SUFFERING; (4) THE OPPORTUNITY TO OBTAIN EMPLOYMENT, HOUSING, CREDIT, AND PUBLIC ACCOMMODATIONS WITHOUT DISCRIMINATION IS HEREBY RECOGNIZED AS AND DECLARED TO BE A CIVIL RIGHT; AND (5) THESE FINDINGS ARE INTENDED TO CODIFY THE PRINCIPLES OF JUSTICE AND EQUAL OPPORTUNITY AND TO ENSURE THAT THE PUBLIC UNDERSTANDS THAT DISCRIMINATION ON THE BASIS OF RACE, COLOR, RELIGION, ANCESTRY, NATIONAL ORIGIN, AGE, SEX, MARITAL STATUS, DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY IS EXPRESSLY PROHIBITED. 20–301. In this subtitle, “place of public accommodation” means: (1) an inn, hotel, motel, or other establishment that provides lodging to transient guests; (2) a restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food or alcoholic beverages for consumption Ch. 474 2014 LAWS OF MARYLAND – 4 – on or off the premises, including a facility located on the premises of a retail establishment or gasoline station; (3) a motion picture house, theater, concert hall, sports arena, stadium, or other place of exhibition or entertainment; (4) a retail establishment that: (i) is operated by a public or private entity; and (ii) offers goods, services, entertainment, recreation, or transportation; and (5) an establishment: (i) 1. that is physically located within the premises of any other establishment covered by this subtitle; or 2. within the premises of which any other establishment covered by this subtitle is physically located; and (ii) that holds itself out as serving patrons of the covered establishment. 20–302. This subtitle does not prohibit the proprietor or employees of any establishment from denying service to any person for failure to conform to the usual and regular requirements, standards, and regulations of the establishment, provided that the denial is not based on discrimination on the grounds of race, sex, age, color, creed, national origin, marital status, sexual orientation, GENDER IDENTITY, or disability. 20–303. (A) This subtitle does not apply: (1) to a private club or other establishment that is not open to the public, except to the extent that the facilities of the private club or other establishment are made available to the customers or patrons of an establishment within the scope of this subtitle; (2) with respect to sex discrimination, to a facility that is: (i) uniquely private and personal in nature; and (ii) designed to accommodate only a particular sex; and MARTIN O'MALLEY, Governor Ch. 474 – 5 – (3) to an establishment providing lodging to transient guests located within a building that: (i) contains not more than five rooms for rent or hire; and (ii) is occupied by the proprietor of the establishment as the proprietor’s residence. (B) (1) (I) IN THIS SUBSECTION THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (II) “EQUIVALENT PRIVATE SPACE” MEANS A SPACE THAT IS FUNCTIONALLY EQUIVALENT TO THE SPACE MADE AVAILABLE TO USERS OF A PRIVATE FACILITY. (III) “PRIVATE FACILITY” MEANS A FACILITY: 1. THAT IS DESIGNED TO ACCOMMODATE ONLY A PARTICULAR SEX; 2. THAT IS DESIGNED TO BE USED SIMULTANEOUSLY BY MORE THAN ONE USER OF THE SAME SEX; AND 3. IN WHICH IT IS CUSTOMARY TO DISROBE IN VIEW OF OTHER USERS OF THE FACILITY. (2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION, THIS SUBTITLE APPLIES, WITH RESPECT TO GENDER IDENTITY, TO ALL FACILITIES IN A PLACE OF PUBLIC ACCOMMODATION. (3) THIS SUBTITLE DOES NOT APPLY, WITH RESPECT TO GENDER IDENTITY, TO A PRIVATE FACILITY, IF THE PLACE OF PUBLIC ACCOMMODATION IN WHICH THE PRIVATE FACILITY IS LOCATED MAKES AVAILABLE, FOR THE USE OF PERSONS WHOSE GENDER IDENTITY IS DIFFERENT FROM THEIR ASSIGNED SEX AT BIRTH, AN EQUIVALENT PRIVATE SPACE. 20–304. An owner or operator of a place of public accommodation or an agent or employee of the owner or operator may not refuse, withhold from, or deny to any person any of the accommodations, advantages, facilities, or privileges of the place of public accommodation because of the person’s race, sex, age, color, creed, national origin, marital status, sexual orientation, GENDER IDENTITY, or disability. Ch. 474 2014 LAWS OF MARYLAND – 6 – 20–401. This subtitle does not prohibit any person that is licensed or regulated by the Department of Labor, Licensing, and Regulation from refusing, withholding from, or denying accommodations, advantages, facilities, privileges, sales, or services to any person for failure to conform to the usual and regular requirements, standards, and regulations of the licensed or regulated person, provided that the denial is not based on discrimination on the grounds of race, sex, color, creed, national origin, marital status, sexual orientation, age, GENDER IDENTITY, or disability. 20–402. A person that is licensed or regulated by a unit in the Department of Labor, Licensing, and Regulation listed in § 2–108 of the Business Regulation Article may not refuse, withhold from, or deny any person any of the accommodations, advantages, facilities, privileges, sales, or services of the licensed or regulated person or discriminate against any person because of the person’s race, sex, creed, color, national origin, marital status, sexual orientation, age, GENDER IDENTITY, or disability. 20–501. An owner or operator of commercial property, an agent or employee of the owner or operator of commercial property, or a person that is licensed or regulated by the State may not discriminate against an individual in the terms, conditions, or privileges of the leasing of property for commercial use, or in the provision of services or facilities in connection with the leasing of property for commercial use, because of the individual’s race, color, religion, sex, age, disability, marital status, SEXUAL ORIENTATION, GENDER IDENTITY, or national origin. 20–602. It is the policy of the State, in the exercise of its police power for the protection of the public safety, public health, and general welfare, for the maintenance of business and good government, and for the promotion of the State’s trade, commerce, and manufacturers: (1) to assure all persons equal opportunity in receiving employment and in all labor management–union relations, regardless of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, GENDER IDENTITY, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; and (2) to that end, to prohibit discrimination in employment by any person. 20–603. MARTIN O'MALLEY, Governor Ch. 474 – 7 – This subtitle does not require: (1) an employer, employment agency, labor organization, or joint labor–management committee subject to this subtitle to grant preferential treatment to any individual or group on the basis of the race, color, religion, sex, age, national origin, GENDER IDENTITY, sexual orientation, or disability of the individual or group because an imbalance may exist with respect to the total number or percentage of individuals of any race, color, religion, sex, age, national origin, GENDER IDENTITY, or sexual orientation or individuals with disabilities employed by the employer, referred or classified for employment by the employment agency or labor organization, admitted to membership or classified by the labor organization, or admitted to, or employed in, any apprenticeship or other training program, compared to the total number or percentage of individuals of that race, color, religion, sex, age, national origin, GENDER IDENTITY, or sexual orientation or individuals with disabilities in the State or any community, section, or other area, or in the available work force in the State or any community, section, or other area; or (2) an employer to reasonably accommodate an employee’s religion or disability if the accommodation would cause undue hardship on the conduct of the employer’s business. 20–604. This subtitle does not apply to: (1) an employer with respect to the employment of aliens outside of the State; or (2) a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion [or], sexual orientation, OR GENDER IDENTITY to perform work connected with the activities of the religious entity. 20–605. (a) Notwithstanding any other provision of this subtitle, this subtitle does not prohibit: (2) an employer from establishing [standards concerning an employee’s dress and grooming, if the standards are directly related to the nature of the employment of the employee] AND REQUIRING AN EMPLOYEE TO ADHERE TO REASONABLE WORKPLACE APPEARANCE, GROOMING, AND DRESS STANDARDS THAT ARE DIRECTLY RELATED TO THE NATURE OF THE EMPLOYMENT OF THE EMPLOYEE AND THAT ARE NOT PRECLUDED BY ANY PROVISION OF STATE OR Ch. 474 2014 LAWS OF MARYLAND – 8 – FEDERAL LAW, AS LONG AS THE EMPLOYER ALLOWS ANY EMPLOYEE TO APPEAR, GROOM, AND DRESS CONSISTENT WITH THE EMPLOYEE’S GENDER IDENTITY; 20–606. (a) An employer may not: (1) fail or refuse to hire, discharge, or otherwise discriminate against any individual with respect to the individual’s compensation, terms, conditions, or privileges of employment because of: (i) the individual’s race, color, religion, sex, age, national origin, marital status, sexual orientation, GENDER IDENTITY, genetic information, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; or (ii) the individual’s refusal to submit to a genetic test or make available the results of a genetic test; (2) limit, segregate, or classify its employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual’s status as an employee because of: (i) the individual’s race, color, religion, sex, age, national origin, marital status, sexual orientation, GENDER IDENTITY, genetic information, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; or (ii) the individual’s refusal to submit to a genetic test or make available the results of a genetic test; (3) request or require genetic tests or genetic information as a condition of hiring or determining benefits; or (4) fail or refuse to make a reasonable accommodation for the known disability of an otherwise qualified employee. (b) An employment agency may not: (1) fail or refuse to refer for employment or otherwise discriminate against any individual because of the individual’s race, color, religion, sex, age, national origin, marital status, sexual orientation, GENDER IDENTITY, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; or MARTIN O'MALLEY, Governor Ch. 474 – 9 – (2) classify or refer for employment any individual on the basis of the individual’s race, color, religion, sex, age, national origin, marital status, sexual orientation, GENDER IDENTITY, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment. (c) A labor organization may not: (1) exclude or expel from its membership, or otherwise discriminate against, any individual because of the individual’s race, color, religion, sex, age, national origin, marital status, sexual orientation, GENDER IDENTITY, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; (2) limit, segregate, or classify its membership, or classify or fail or refuse to refer for employment any individual, in any way that would deprive or tend to deprive the individual of employment opportunities, limit the individual’s employment opportunities, or otherwise adversely affect the individual’s status as an employee or as an applicant for employment because of the individual’s race, color, religion, sex, age, national origin, marital status, sexual orientation, GENDER IDENTITY, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; or (3) cause or attempt to cause an employer to discriminate against an individual in violation of this section. (d) An employer, labor organization, or joint labor–management committee controlling apprenticeship or other training or retraining programs, including on–the–job training programs, may not discriminate against any individual in admission to, or employment in, any program established to provide apprenticeship or other training or retraining because of the individual’s race, color, religion, sex, age, national origin, marital status, sexual orientation, GENDER IDENTITY, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment. (e) (1) Except as provided in paragraph (2) of this subsection, an employer, labor organization, or employment agency may not print or cause to be printed or published any notice or advertisement relating to employment by the employer, membership in or any classification or referral for employment by the labor organization, or any classification or referral for employment by the employment agency that indicates any preference, limitation, specification, or discrimination based on race, color, religion, sex, age, national origin, marital status, sexual orientation, GENDER IDENTITY, or disability. (2) A notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, age, national origin, marital Ch. 474 2014 LAWS OF MARYLAND – 10 – status, or disability if religion, sex, age, national origin, marital status, or disability is a bona fide occupational qualification for employment. 20–608. An employer shall be immune from liability under this title or under the common law arising out of reasonable acts taken by the employer to verify the sexual orientation OR GENDER IDENTITY of any employee or applicant in response to a charge filed against the employer on the basis of sexual orientation OR GENDER IDENTITY. 20–702. (a) It is the policy of the State: (1) to provide for fair housing throughout the State to all, regardless of race, color, religion, sex, familial status, national origin, marital status, sexual orientation, GENDER IDENTITY, or disability; and (2) to that end, to prohibit discriminatory practices with respect to residential housing by any person, in order to protect and insure the peace, health, safety, prosperity, and general welfare of all. 20–704. (a) This subtitle does not apply to: (2) with respect to discrimination on the basis of sex, sexual orientation, GENDER IDENTITY, or marital status: (i) the rental of rooms in any dwelling, if the owner maintains the dwelling as the owner’s principal residence; or (ii) the rental of any apartment in a dwelling that contains not more than five rental units, if the owner maintains the dwelling as the owner’s principal residence. 20–705. Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: (1) refuse to sell or rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, GENDER IDENTITY, or national origin; MARTIN O'MALLEY, Governor Ch. 474 – 11 – (2) discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, GENDER IDENTITY, or national origin; (3) make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, marital status, familial status, sexual orientation, GENDER IDENTITY, or national origin, or an intention to make any preference, limitation, or discrimination; (4) represent to any person, because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, GENDER IDENTITY, or national origin, that any dwelling is not available for inspection, sale, or rental when the dwelling is available; or (5) for profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, color, religion, sex, disability, marital status, familial status, sexual orientation, GENDER IDENTITY, or national origin. 20–707. (b) (1) A person whose business includes engaging in residential real estate–related transactions may not discriminate against any person in making available a transaction, or in the terms or conditions of a transaction, because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, GENDER IDENTITY, or national origin. (2) Paragraph (1) of this subsection does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, disability, marital status, familial status, sexual orientation, GENDER IDENTITY, or national origin. (c) A person may not, because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, GENDER IDENTITY, or national origin: (1) deny a person access to, or membership or participation in, a multiple–listing service, real estate brokers’ organization, or other service, organization, or facility relating to the business of selling or renting dwellings; or (2) discriminate against a person in the terms or conditions of membership or participation. Ch. 474 2014 LAWS OF MARYLAND – 12 – 20–1103. (b) Whether or not acting under color of law, a person may not, by force or threat of force, willfully injure, intimidate, interfere with, or attempt to injure, intimidate, or interfere with: (1) any person because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, GENDER IDENTITY, or national origin and because the person is or has been: (i) selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling; or (ii) applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; (2) any person because the person is or has been, or in order to intimidate the person or any other person or any class of persons from: (i) participating, without discrimination on account of race, color, religion, sex, disability, marital status, familial status, sexual orientation, GENDER IDENTITY, or national origin, in any of the activities, services, organizations, or facilities described in item (1) of this subsection; or (ii) affording another person or class of persons the opportunity or protection to participate in any of the activities, services, organizations, or facilities described in item (1) of this subsection; or (3) any person because the person is or has been, or in order to discourage the person or any other person from: (i) lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, disability, marital status, familial status, sexual orientation, GENDER IDENTITY, or national origin, in any of the activities, services, organizations, or facilities described in item (1) of this subsection; or (ii) participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate in any of the activities, services, organizations, or facilities described in item (1) of this subsection. Article – State Personnel and Pensions 2–302. MARTIN O'MALLEY, Governor Ch. 474 – 13 – (a) The State recognizes and honors the value and dignity of every person and understands the importance of providing employees and applicants for employment with a fair opportunity to pursue their careers in an environment free of discrimination or harassment prohibited by law. (b) (1) Except as provided in paragraph (2) of this subsection or by other law, all personnel actions concerning a State employee or applicant for employment in State government shall be made without regard to: (i) age; (ii) ancestry; (iii) color; (iv) creed; (V) GENDER IDENTITY; [(v)] (VI) marital status; [(vi)] (VII) mental or physical disability; [(vii)] (VIII) national origin; [(viii)] (IX) race; [(ix)] (X) religious affiliation, belief, or opinion; [or] [(x)] (XI) sex; OR (XII) SEXUAL ORIENTATION. (2) A personnel action may be taken with regard to age, sex, or disability to the extent that age, sex, or physical or mental qualification is required by law or is a bona fide occupational qualification. (c) (1) Each State employee is expected to assume personal responsibility and leadership in ensuring fair employment practices and equal employment opportunity in Maryland State government. (2) Employment discrimination and harassment by State managers, supervisors, or other employees is prohibited. Ch. 474 2014 LAWS OF MARYLAND – 14 – (3) A State employee who violates this subtitle is subject to disciplinary action by the employee’s appointing authority, including the termination of State employment. (d) The Equal Employment Opportunity Program in Title 5, Subtitle 2 of this article governs all employees of any unit in the Executive Branch of State government, including a unit with an independent personnel system. (e) (1) At least annually, the Secretary shall report on the Equal Employment Opportunity Program established in § 5–202 of this article to the Joint Committee on Fair Practices and State Personnel Oversight. (2) The head of a personnel system in the Legislative and Judicial branches may report periodically on equal employment opportunity programs and policies in effect in that personnel system to the Joint Committee on Fair Practices and State Personnel Oversight. SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2014. Approved by the Governor, May 15, 2014.