2010 Maryland Code
STATE GOVERNMENT
TITLE 20 - HUMAN RELATIONS
Subtitle 6 - Discrimination in Employment
Section 20-601 - Definitions.

§ 20-601. Definitions.
 

(a)  In general.- In this subtitle the following words have the meanings indicated. 
   
Revisor's Note.

This subsection is standard language substituted for the introductory phrase of former Art. 49B, § 15. 

(b)  Disability.-  

(1) "Disability" means: 

(i) 1. a physical disability, infirmity, malformation, or disfigurement that is caused by bodily injury, birth defect, or illness, including epilepsy; or 

2. a mental impairment or deficiency; 

(ii) a record of having a physical or mental impairment as otherwise defined under this subsection; or 

(iii) being regarded as having a physical or mental impairment as otherwise defined under this subsection. 

(2) "Disability" includes: 

(i) 1. any degree of paralysis, amputation, or lack of physical coordination; 

2. blindness or visual impairment; 

3. deafness or hearing impairment; 

4. muteness or speech impediment; and 

5. physical reliance on a service animal, wheelchair, or other remedial appliance or device; and 

(ii) retardation and any other mental impairment or deficiency that may have necessitated remedial or special education and related services. 
   
Special Revisor's Note.

As enacted by Ch. 120, Acts of 2009, this subsection was new language derived without substantive change from former Art. 49B, § 15(g).  However, Chs. 299 and 300, Acts of 2009, amended this subsection.   
 

In the introductory language of paragraph (2) of this subsection, the former phrases "but not be limited to" and "but not limited to" were deleted by Ch. 120 as unnecessary in light of § 1-101(c) of this article, which provides that the terms "includes" and "including" mean "by way of illustration and not by way of limitation". 
 

In paragraph (2)(i)5 of this subsection, the reference to a "service animal" was substituted by Ch. 120 for the former obsolete reference to a "seeing eye dog". 
 

Defined Terms.

 

(c)  Employee.-  

(1) "Employee" means an individual employed by an employer. 

(2) Unless the individual is subject to the State or local civil service laws, "employee" does not include: 

(i) an individual elected to public office; 

(ii) an individual chosen by an elected officer to be on the officer's personal staff; 

(iii) an appointee on the policy making level; or 

(iv) an immediate adviser with respect to the exercise of the constitutional or legal powers of an elected office. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 49B, § 15(e). 
 

In paragraph (2)(i) and (ii) of this subsection, the references to an "individual" are substituted for the former references to a "person" for consistency with paragraph (1) of this subsection and because only a human being and not the other entities included in the definition of "person" can be elected to public office or on an elected officer's staff. 
 

In paragraph (2)(ii) and (iv) of this subsection, the references to an "elected" officer and an "elected" office, respectively, are added for clarity. 
 

In paragraph (2)(ii) of this subsection, the reference to "personal" staff is substituted for the former incorrect reference to "personnel" staff. 
 

Defined Terms.

 

(d)  Employer.-  

(1) "Employer" means: 

(i) a person that: 

1. is engaged in an industry or business; and 

2. has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year; and 

(ii) an agent of a person described in item (i) of this paragraph. 

(2) "Employer" includes the State to the extent provided in this title. 

(3) Except for a labor organization, "employer" does not include a bona fide private membership club that is exempt from taxation under § 501(c) of the Internal Revenue Code. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 49B, § 15(b). 
 

Defined Terms.



"Includes"                                                            § 1-101


"Labor organization"                                                 § 20-601


"Person"                                                              § 1-101

(e)  Employment agency.-  

(1) "Employment agency" means: 

(i) a person that regularly undertakes with or without compensation to procure: 

1. employees for an employer; or 

2. opportunities for employees to work for an employer; and 

(ii) an agent of a person described in item (i) of this paragraph. 

(2) Except for the United States Employment Service and the system of State and local employment services receiving federal assistance, "employment agency" does not include a unit of the United States, the State, or a political subdivision of the State. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 49B, § 15(c). 
 

As to the substitution of the reference to a "unit" for the former reference to an "agency", see General Revisor's Note to title. 
 

Defined Terms.



"Employer"                                                           § 20-601


"Person"                                                              § 1-101

(f)  Genetic information.- "Genetic information" has the meaning stated in § 27-909(a)(3) of the Insurance Article. 
   
Revisor's Note.

This subsection formerly was Art. 49B, § 15(h). 
 

No changes are made. 

(g)  Genetic test.- "Genetic test" has the meaning stated in § 27-909(a)(5) of the Insurance Article. 
   
Revisor's Note.

This subsection formerly was Art. 49B, § 15(i). 
 

No changes are made. 

(h)  Labor organization.-  

(1) "Labor organization" means: 

(i) a labor organization engaged in an industry; and 

(ii) an agent of an organization described in item (i) of this paragraph. 

(2) "Labor organization" includes: 

(i) an organization of any kind, an agency, or an employee representation committee, group, association, or plan: 

1. in which employees participate; and 

2. that exists, wholly or partly, for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment; and 

(ii) a conference, general committee, joint or system board, or joint council that is subordinate to a national or international labor organization. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 49B, § 15(d). 
 

In paragraph (2)(ii) and the introductory language of paragraph (2)(i) of this subsection, the former phrase "so engaged" is deleted as unnecessary in light of the reference to a labor organization "engaged in an industry" in paragraph (1)(i) of this subsection. 
 

Defined Terms.



"Employer"                                                           § 20-601


"Includes"                                                            § 1-101

(i)  Religion.- "Religion" includes all aspects of religious observances, practice, and belief. 
   
Revisor's Note.

This subsection is new language derived without substantive change from the first two clauses of former Art. 49B, § 15(f). 
 

Defined Terms.


 

[An. Code 1957, art. 49B, § 15 intro. lang., (b)-(i); 2009, ch. 120, § 2; chs. 299, 300.]