§ 12.208. Unlawful employment practices.

I.

Definitions. Words and phrases used in this section have their usual meanings except as defined below:

(a)

Discrimination/discriminatory means acting or failing to act, or unduly delaying any action regarding any person because of:

Race,

Creed,

Religion,

Disability,

Color,

Sex,

National origin,

Age,

Occupation,

Marital status,

Political opinion,

Sexual orientation,

Personal appearance,

Familial status, or

Gender identity or expression

in such a way that such person(s) are adversely affected in the area of employment. Discrimination does not include providing services or accommodations to employees that are distinctly personal or private in nature.

(b)

Because of sex includes because of or on the basis of pregnancy, childbirth, or related medical conditions. Women affected because of pregnancy, childbirth, or related medical conditions shall be treated the same for all employment related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected, but similar in their ability or inability to perform work.

(c)

Employee means an individual employed by an employer. Employee does not include any person elected to public office.

(d)

Employer means a person, engaged in an industry or business, who has five or more full-time or part-time employees for each working day in each 20 or more calendar weeks in the current or previous calendar year and any agent of such a person. Howard County, Maryland is included as an employer to the extent provided in this section.

(e)

Employment agency means a person, paid or unpaid, or his/her agent, regularly undertaking to procure:

(1)

Employees for an employer; or

(2)

Opportunities for individuals seeking employment.

(f)

Labor organization means an organization, group, association or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with grievances, labor disputes, rates of pay, wages, hours or other terms or conditions of employment.

II.

Unlawful Practices:

(a)

Unlawful acts of employers. It shall be unlawful if, because of discrimination, an employer:

(1)

Discharges a person; or

(2)

Refuses to hire a person; or

(3)

Acts against a person with respect to compensation or other terms and conditions of employment; or

(4)

Limits, segregates, classifies or assigns employees.

(b)

Unlawful acts of employment agencies. It shall be unlawful if, because of discrimination, an employment agency:

(1)

Fails to refer a person for employment; or

(2)

Refuses to refer a person for employment; or

(3)

Acts against a person concerning the kind of employment for which a referral could have been made; or

(4)

Classifies a person for employment.

(c)

Unlawful acts of labor organizations. It shall be unlawful if, because of discrimination, a labor organization with respect to its functions and activities in Howard County:

(1)

Excludes or expels any person from its membership; or

(2)

Limits, segregates or classifies its membership in any way which would deprive any person of employment opportunities or adversely affect the person's status as an employee or Applicant for employment; or

(3)

Fails or refuses to refer a person for employment, in any way which would deprive the person of employment opportunities, or adversely affect the person's status as an employee or Applicant for employment.

(d)

Unlawful acts—Apprenticeship and training programs. It shall be unlawful if, because of discrimination, an employer or labor organization located or domiciled in Howard County refuses a person for admission to or employment in any program established to provide apprenticeship or other training.

(e)

Unlawful acts—Employment advertising. Except where the limitation or specification is a bona fide occupational qualification for employment, it shall be unlawful if, because of discrimination, an employer, labor organization or employment agency prints or causes to be printed any notice or advertisement indicating any preference, limitation or specification relating to:

(1)

Employment by the employer; or

(2)

Membership in the labor organization; or

(3)

Any classification by the labor organization; or

(4)

Any referral by the labor organization; or

(5)

Any classification by the employment agency; or

(6)

Any referral by the employment agency.

(f)

Unlawful acts—Against complainants:

(1)

It shall be unlawful for an employer to discriminate against any of his/her employees or Applicants for employment because the employee or Applicant has opposed any practice which is unlawful under this section or because the employee or Applicant has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing pursuant to this subtitle.

(2)

It shall be unlawful for an employment agency to discriminate against any person because the person has opposed any practice which is unlawful under this section or because the person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing pursuant to this subtitle.

(3)

It shall be unlawful for a labor organization to discriminate against a member or Applicant for membership because the member or Applicant has opposed any practice which is unlawful under this section or because the member or Applicant has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this subtitle.

III.

Exemptions:

(a)

Bona fide occupational qualifications. When it is demonstrated that bona fide occupational qualifications are reasonable, necessary and relevant to the normal operation of the particular business or enterprise, this section shall not apply in the case of bona fide occupation qualifications established by:

(1)

An employer in hiring, assigning, compensating or discharging individuals; or

(2)

An employment agency in classifying or referring individuals; or

(3)

A labor organization in classifying members; or

(4)

An employer or labor organization in denying an individual admittance to any program of apprenticeship, training or retraining.

(b)

Educational institutions. This section shall not apply to educational institutions in hiring and employing persons of a particular religion if the school, college or educational institution is:

(1)

Owned, supported, controlled or managed, in whole or in substantial part, by a particular church, synagogue, or other religious organization or corporation; or

(2)

If the curriculum is designed to comply, in whole or in part, with the doctrines or tenets of a particular religion.

(c)

Bona fide seniority or employee benefit plans:

(1)

This section shall not apply to bona fide seniority systems.

(2)

This section shall not apply to a bona fide employee benefit plan such as a retirement, pension or insurance plan, if the system or plan is not a subterfuge to evade the purposes of this section.

(3)

No such employee benefit plan shall excuse the failure to hire a person.

(4)

In addition, pursuant to 29 USC section 263 (as may be amended from time to time), no seniority system or employee benefit plan shall require or permit the involuntary retirement of any individual between the ages of 40 and 70 because of the individual's age.

(d)

Preferential treatment:

(1)

No employer, employment agency, labor organization or joint labor management committee may be required to grant preferential treatment to any person(s) because of any unbalance, compared to the general public, in the percentage or total number of people with the following characteristics employed, referred for employment, classified, admitted for membership or admitted to apprenticeship or training programs:

Race,

Creed,

Religion,

Disability,

Color,

Sex,

National origin,

Age,

Occupation,

Marital status,

Political opinion,

Sexual orientation,

Personal appearance,

Familial status, or

Gender identity or expression.

(2)

An employer, employment agency, labor organization or joint labor-management committee may adopt and maintain a voluntary affirmative action program.

(e)

Howard County employees. The Office of Human Rights or the Human Rights Commission may not take action with respect to any allegation of discrimination against the Howard County Government until the aggrieved individual has exhausted all of the individual's administrative remedies pursuant to Article VII of the Howard County Charter and any laws or regulations enacted pursuant to Article VII. Provided that all other requirements of section 12.212 have been met, any time requirements contained in subsection III (a)(2), (b)(3), and (d) of this section shall be stayed pending the outcome of the administrative action required by Article VII of the Howard County Charter.

(C.B. 2, 1983; C.B. 138, 1991; C.B. 74, 1995; C.B. 54, 2011, § 1; C.B. 14, 2014, § 1; C.B. 4, 2015, § 1)

State law reference

Employment discrimination, Ann. Code of Md. art. 49B, § 14 et seq.