Text of MD SB 583 (2010)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *sb0583* SENATE BILL 583 D5 0lr0442 SB 566/09 – JPR CF 0lr2635 By: Senators Madaleno, Conway, Forehand, Garagiola, Gladden, Harrington, Jones, King, Lenett, McFadden, Pinsky, Pugh, Raskin, and Rosapepe Introduced and read first time: February 5, 2010 Assigned to: Judicial Proceedings 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 public accommodations, housing, and employment; prohibiting discrimination 5 based on gender identity by certain licensed or regulated persons; prohibiting 6 discrimination based on sexual orientation or gender identity with regard to the 7 leasing of property for commercial usage or in the provision of certain services 8 or facilities; altering a certain exception for employers that relates to standards 9 concerning dress and grooming; providing that an employer is immune from 10 certain liability for certain acts to verify the gender identity of any employee or 11 applicant in response to a certain charge; making certain remedies and 12 procedures regarding discrimination applicable to discrimination based on 13 sexual orientation and gender identity; requiring certain State personnel 14 actions to be made without regard to gender identity or sexual orientation; 15 defining the term “gender identity”; making certain conforming changes; and 16 generally relating to discrimination based on sexual orientation and gender 17 identity. 18 BY renumbering 19 Article – State Government 20 Section 20–101(e) and (f), respectively 21 to be Section 20–101(f) and (g), respectively 22 Annotated Code of Maryland 23 (2009 Replacement Volume) 24 BY adding to 25 Article – State Government 26 Section 20–101(e) 27 Annotated Code of Maryland 28 2 SENATE BILL 583 (2009 Replacement Volume) 1 BY repealing and reenacting, with amendments, 2 Article – State Government 3 Section 20–302, 20–304, 20–401, 20–402, 20–501, 20–602, 20–603, 20–605(a)(2), 4 20–606(a) through (e), 20–608, 20–702(a), 20–704(a)(2), 20–705, 5 20–707(b) and (c), and 20–1103(b) 6 Annotated Code of Maryland 7 (2009 Replacement Volume) 8 BY repealing and reenacting, with amendments, 9 Article – State Personnel and Pensions 10 Section 2–302 11 Annotated Code of Maryland 12 (2009 Replacement Volume and 2009 Supplement) 13 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 14 MARYLAND, That Section(s) 20–101(e) and (f), respectively, of Article – State 15 Government of the Annotated Code of Maryland be renumbered to be Section(s) 16 20–101(f) and (g), respectively. 17 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland 18 read as follows: 19 Article – State Government 20 20–101. 21 (E) “GENDER IDENTITY” MEANS A GENDER–RELATED IDENTITY, 22 APPEARANCE, EXPRESSION, OR BEHAVIOR OF AN INDIVIDUAL REGARDLESS OF 23 THE INDIVIDUAL’S ASSIGNED SEX AT BIRTH. 24 20–302. 25 This subtitle does not prohibit the proprietor or employees of any establishment 26 from denying service to any person for failure to conform to the usual and regular 27 requirements, standards, and regulations of the establishment, provided that the 28 denial is not based on discrimination on the grounds of race, sex, age, color, creed, 29 national origin, marital status, sexual orientation, GENDER IDENTITY, or disability. 30 20–304. 31 An owner or operator of a place of public accommodation or an agent or 32 employee of the owner or operator may not refuse, withhold from, or deny to any 33 person any of the accommodations, advantages, facilities, or privileges of the place of 34 public accommodation because of the person’s race, sex, age, color, creed, national 35 origin, marital status, sexual orientation, GENDER IDENTITY, or disability. 36 SENATE BILL 583 3 20–401. 1 This subtitle does not prohibit any person that is licensed or regulated by the 2 Department of Labor, Licensing, and Regulation from refusing, withholding from, or 3 denying accommodations, advantages, facilities, privileges, sales, or services to any 4 person for failure to conform to the usual and regular requirements, standards, and 5 regulations of the licensed or regulated person, provided that the denial is not based 6 on discrimination on the grounds of race, sex, color, creed, national origin, marital 7 status, sexual orientation, GENDER IDENTITY, or disability. 8 20–402. 9 A person that is licensed or regulated by a unit in the Department of Labor, 10 Licensing, and Regulation listed in § 2–108 of the Business Regulation Article may not 11 refuse, withhold from, or deny any person any of the accommodations, advantages, 12 facilities, privileges, sales, or services of the licensed or regulated person or 13 discriminate against any person because of the person’s race, sex, creed, color, national 14 origin, marital status, sexual orientation, age, GENDER IDENTITY, or disability. 15 20–501. 16 An owner or operator of commercial property, an agent or employee of the owner 17 or operator of commercial property, or a person that is licensed or regulated by the 18 State may not discriminate against an individual in the terms, conditions, or 19 privileges of the leasing of property for commercial use, or in the provision of services 20 or facilities in connection with the leasing of property for commercial use, because of 21 the individual’s race, color, religion, sex, age, disability, marital status, SEXUAL 22 ORIENTATION, GENDER IDENTITY, or national origin. 23 20–602. 24 It is the policy of the State, in the exercise of its police power for the protection 25 of the public safety, public health, and general welfare, for the maintenance of 26 business and good government, and for the promotion of the State’s trade, commerce, 27 and manufacturers: 28 (1) to assure all persons equal opportunity in receiving employment 29 and in all labor management–union relations, regardless of race, color, religion, 30 ancestry or national origin, sex, age, marital status, sexual orientation, GENDER 31 IDENTITY, or disability unrelated in nature and extent so as to reasonably preclude 32 the performance of the employment; and 33 (2) to that end, to prohibit discrimination in employment by any 34 person. 35 20–603. 36 4 SENATE BILL 583 This subtitle does not require: 1 (1) an employer, employment agency, labor organization, or joint 2 labor–management committee subject to this subtitle to grant preferential treatment 3 to any individual or group on the basis of the race, color, religion, sex, age, national 4 origin, GENDER IDENTITY, sexual orientation, or disability of the individual or group 5 because an imbalance may exist with respect to the total number or percentage of 6 individuals of any race, color, religion, sex, age, national origin, GENDER IDENTITY, 7 or sexual orientation or individuals with disabilities employed by the employer, 8 referred or classified for employment by the employment agency or labor organization, 9 admitted to membership or classified by the labor organization, or admitted to, or 10 employed in, any apprenticeship or other training program, compared to the total 11 number or percentage of individuals of that race, color, religion, sex, age, national 12 origin, GENDER IDENTITY, or sexual orientation or individuals with disabilities in the 13 State or any community, section, or other area, or in the available work force in the 14 State or any community, section, or other area; or 15 (2) an employer to reasonably accommodate an employee’s religion or 16 disability if the accommodation would cause undue hardship on the conduct of the 17 employer’s business. 18 20–605. 19 (a) Notwithstanding any other provision of this subtitle, this subtitle does 20 not prohibit: 21 (2) an employer from establishing [standards concerning an 22 employee’s dress and grooming, if the standards are directly related to the nature of 23 the employment of the employee] AND REQUIRING AN EMPLOYEE TO ADHERE TO 24 REASONABLE WORKPLACE APPEARANCE, GROOMING, AND DRESS STANDARDS 25 THAT ARE DIRECTLY RELATED TO THE NATURE OF THE EMPLOYMENT OF THE 26 EMPLOYEE AND THAT ARE NOT PRECLUDED BY ANY PROVISION OF STATE OR 27 FEDERAL LAW, AS LONG AS THE EMPLOYER ALLOWS ANY EMPLOYEE TO APPEAR, 28 GROOM, AND DRESS CONSISTENT WITH THE EMPLOYEE’S GENDER IDENTITY; 29 20–606. 30 (a) An employer may not: 31 (1) fail or refuse to hire, discharge, or otherwise discriminate against 32 any individual with respect to the individual’s compensation, terms, conditions, or 33 privileges of employment because of: 34 (i) the individual’s race, color, religion, sex, age, national origin, 35 marital status, sexual orientation, GENDER IDENTITY, genetic information, or 36 SENATE BILL 583 5 disability unrelated in nature and extent so as to reasonably preclude the performance 1 of the employment; or 2 (ii) the individual’s refusal to submit to a genetic test or make 3 available the results of a genetic test; 4 (2) limit, segregate, or classify its employees or applicants for 5 employment in any way that would deprive or tend to deprive any individual of 6 employment opportunities or otherwise adversely affect the individual’s status as an 7 employee because of: 8 (i) the individual’s race, color, religion, sex, age, national origin, 9 marital status, sexual orientation, GENDER IDENTITY, genetic information, or 10 disability unrelated in nature and extent so as to reasonably preclude the performance 11 of the employment; or 12 (ii) the individual’s refusal to submit to a genetic test or make 13 available the results of a genetic test; 14 (3) request or require genetic tests or genetic information as a 15 condition of hiring or determining benefits; or 16 (4) fail or refuse to make a reasonable accommodation for the known 17 disability of an otherwise qualified employee. 18 (b) An employment agency may not: 19 (1) fail or refuse to refer for employment or otherwise discriminate 20 against any individual because of the individual’s race, color, religion, sex, age, 21 national origin, marital status, sexual orientation, GENDER IDENTITY, or disability 22 unrelated in nature and extent so as to reasonably preclude the performance of the 23 employment; or 24 (2) classify or refer for employment any individual on the basis of the 25 individual’s race, color, religion, sex, age, national origin, marital status, sexual 26 orientation, GENDER IDENTITY, or disability unrelated in nature and extent so as to 27 reasonably preclude the performance of the employment. 28 (c) A labor organization may not: 29 (1) exclude or expel from its membership, or otherwise discriminate 30 against, any individual because of the individual’s race, color, religion, sex, age, 31 national origin, marital status, sexual orientation, GENDER IDENTITY, or disability 32 unrelated in nature and extent so as to reasonably preclude the performance of the 33 employment; 34 6 SENATE BILL 583 (2) limit, segregate, or classify its membership, or classify or fail or 1 refuse to refer for employment any individual, in any way that would deprive or tend 2 to deprive the individual of employment opportunities, limit the individual’s 3 employment opportunities, or otherwise adversely affect the individual’s status as an 4 employee or as an applicant for employment because of the individual’s race, color, 5 religion, sex, age, national origin, marital status, sexual orientation, GENDER 6 IDENTITY, or disability unrelated in nature and extent so as to reasonably preclude 7 the performance of the employment; or 8 (3) cause or attempt to cause an employer to discriminate against an 9 individual in violation of this section. 10 (d) An employer, labor organization, or joint labor–management committee 11 controlling apprenticeship or other training or retraining programs, including 12 on–the–job training programs, may not discriminate against any individual in 13 admission to, or employment in, any program established to provide apprenticeship or 14 other training or retraining because of the individual’s race, color, religion, sex, age, 15 national origin, marital status, sexual orientation, GENDER IDENTITY, or disability 16 unrelated in nature and extent so as to reasonably preclude the performance of the 17 employment. 18 (e) (1) Except as provided in paragraph (2) of this subsection, an 19 employer, labor organization, or employment agency may not print or cause to be 20 printed or published any notice or advertisement relating to employment by the 21 employer, membership in or any classification or referral for employment by the labor 22 organization, or any classification or referral for employment by the employment 23 agency that indicates any preference, limitation, specification, or discrimination based 24 on race, color, religion, sex, age, national origin, marital status, sexual orientation, 25 GENDER IDENTITY, or disability. 26 (2) A notice or advertisement may indicate a preference, limitation, 27 specification, or discrimination based on religion, sex, age, national origin, marital 28 status, or disability if religion, sex, age, national origin, marital status, or disability is 29 a bona fide occupational qualification for employment. 30 20–608. 31 An employer shall be immune from liability under this title or under the 32 common law arising out of reasonable acts taken by the employer to verify the sexual 33 orientation OR GENDER IDENTITY of any employee or applicant in response to a 34 charge filed against the employer on the basis of sexual orientation OR GENDER 35 IDENTITY. 36 20–702. 37 (a) It is the policy of the State: 38 SENATE BILL 583 7 (1) to provide for fair housing throughout the State to all, regardless of 1 race, color, religion, sex, familial status, national origin, marital status, sexual 2 orientation, GENDER IDENTITY, or disability; and 3 (2) to that end, to prohibit discriminatory practices with respect to 4 residential housing by any person, in order to protect and insure the peace, health, 5 safety, prosperity, and general welfare of all. 6 20–704. 7 (a) This subtitle does not apply to: 8 (2) with respect to discrimination on the basis of sex, sexual 9 orientation, GENDER IDENTITY, or marital status: 10 (i) the rental of rooms in any dwelling, if the owner maintains 11 the dwelling as the owner’s principal residence; or 12 (ii) the rental of any apartment in a dwelling that contains not 13 more than five rental units, if the owner maintains the dwelling as the owner’s 14 principal residence. 15 20–705. 16 Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: 17 (1) refuse to sell or rent after the making of a bona fide offer, refuse to 18 negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to 19 any person because of race, color, religion, sex, disability, marital status, familial 20 status, sexual orientation, GENDER IDENTITY, or national origin; 21 (2) discriminate against any person in the terms, conditions, or 22 privileges of the sale or rental of a dwelling, or in the provision of services or facilities 23 in connection with the sale or rental of a dwelling, because of race, color, religion, sex, 24 disability, marital status, familial status, sexual orientation, GENDER IDENTITY, or 25 national origin; 26 (3) make, print, or publish, or cause to be made, printed, or published, 27 any notice, statement, or advertisement with respect to the sale or rental of a dwelling 28 that indicates any preference, limitation, or discrimination based on race, color, 29 religion, sex, disability, marital status, familial status, sexual orientation, GENDER 30 IDENTITY, or national origin, or an intention to make any preference, limitation, or 31 discrimination; 32 (4) represent to any person, because of race, color, religion, sex, 33 disability, marital status, familial status, sexual orientation, GENDER IDENTITY, or 34 8 SENATE BILL 583 national origin, that any dwelling is not available for inspection, sale, or rental when 1 the dwelling is available; or 2 (5) for profit, induce or attempt to induce any person to sell or rent 3 any dwelling by representations regarding the entry or prospective entry into the 4 neighborhood of a person of a particular race, color, religion, sex, disability, marital 5 status, familial status, sexual orientation, GENDER IDENTITY, or national origin. 6 20–707. 7 (b) (1) A person whose business includes engaging in residential real 8 estate–related transactions may not discriminate against any person in making 9 available a transaction, or in the terms or conditions of a transaction, because of race, 10 color, religion, sex, disability, marital status, familial status, sexual orientation, 11 GENDER IDENTITY, or national origin. 12 (2) Paragraph (1) of this subsection does not prohibit a person engaged 13 in the business of furnishing appraisals of real property from taking into consideration 14 factors other than race, color, religion, sex, disability, marital status, familial status, 15 sexual orientation, GENDER IDENTITY, or national origin. 16 (c) A person may not, because of race, color, religion, sex, disability, marital 17 status, familial status, sexual orientation, GENDER IDENTITY, or national origin: 18 (1) deny a person access to, or membership or participation in, a 19 multiple–listing service, real estate brokers’ organization, or other service, 20 organization, or facility relating to the business of selling or renting dwellings; or 21 (2) discriminate against a person in the terms or conditions of 22 membership or participation. 23 20–1103. 24 (b) Whether or not acting under color of law, a person may not, by force or 25 threat of force, willfully injure, intimidate, interfere with, or attempt to injure, 26 intimidate, or interfere with: 27 (1) any person because of race, color, religion, sex, disability, marital 28 status, familial status, sexual orientation, GENDER IDENTITY, or national origin and 29 because the person is or has been: 30 (i) selling, purchasing, renting, financing, occupying, or 31 contracting or negotiating for the sale, purchase, rental, financing, or occupation of 32 any dwelling; or 33 (ii) applying for or participating in any service, organization, or 34 facility relating to the business of selling or renting dwellings; 35 SENATE BILL 583 9 (2) any person because the person is or has been, or in order to 1 intimidate the person or any other person or any class of persons from: 2 (i) participating, without discrimination on account of race, 3 color, religion, sex, disability, marital status, familial status, sexual orientation, 4 GENDER IDENTITY, or national origin, in any of the activities, services, organizations, 5 or facilities described in item (1) of this subsection; or 6 (ii) affording another person or class of persons the opportunity 7 or protection to participate in any of the activities, services, organizations, or facilities 8 described in item (1) of this subsection; or 9 (3) any person because the person is or has been, or in order to 10 discourage the person or any other person from: 11 (i) lawfully aiding or encouraging other persons to participate, 12 without discrimination on account of race, color, religion, sex, disability, marital 13 status, familial status, sexual orientation, GENDER IDENTITY, or national origin, in 14 any of the activities, services, organizations, or facilities described in item (1) of this 15 subsection; or 16 (ii) participating lawfully in speech or peaceful assembly 17 opposing any denial of the opportunity to participate in any of the activities, services, 18 organizations, or facilities described in item (1) of this subsection. 19 Article – State Personnel and Pensions 20 2–302. 21 (a) The State recognizes and honors the value and dignity of every person 22 and understands the importance of providing employees and applicants for 23 employment with a fair opportunity to pursue their careers in an environment free of 24 discrimination or harassment prohibited by law. 25 (b) (1) Except as provided in paragraph (2) of this subsection or by other 26 law, all personnel actions concerning a State employee or applicant for employment in 27 State government shall be made without regard to: 28 (i) age; 29 (ii) ancestry; 30 (iii) color; 31 (iv) creed; 32 10 SENATE BILL 583 (V) GENDER IDENTITY; 1 [(v)] (VI) marital status; 2 [(vi)] (VII) mental or physical disability; 3 [(vii)] (VIII) national origin; 4 [(viii)] (IX) race; 5 [(ix)] (X) religious affiliation, belief, or opinion; [or] 6 [(x)] (XI) sex; OR 7 (XII) SEXUAL ORIENTATION. 8 (2) A personnel action may be taken with regard to age, sex, or 9 disability to the extent that age, sex, or physical or mental qualification is required by 10 law or is a bona fide occupational qualification. 11 (c) (1) Each State employee is expected to assume personal responsibility 12 and leadership in ensuring fair employment practices and equal employment 13 opportunity in Maryland State government. 14 (2) Employment discrimination and harassment by State managers, 15 supervisors, or other employees is prohibited. 16 (3) A State employee who violates this subtitle is subject to 17 disciplinary action by the employee’s appointing authority, including the termination 18 of State employment. 19 (d) The Equal Employment Opportunity Program in Title 5, Subtitle 2 of this 20 article governs all employees of any unit in the Executive Branch of State government, 21 including a unit with an independent personnel system. 22 (e) (1) At least annually, the Secretary shall report on the Equal 23 Employment Opportunity Program established in § 5–202 of this article to the Joint 24 Committee on Fair Practices and State Personnel Oversight. 25 (2) The head of a personnel system in the Legislative and Judicial 26 branches may report periodically on equal employment opportunity programs and 27 policies in effect in that personnel system to the Joint Committee on Fair Practices 28 and State Personnel Oversight. 29 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 30 October 1, 2010. 31