2010 Maryland Code
STATE GOVERNMENT
TITLE 20 - HUMAN RELATIONS
Subtitle 6 - Discrimination in Employment
Section 20-606 - Unlawful employment practices.

§ 20-606. Unlawful employment practices.
 

(a)  Employers.- 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, 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, 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)  Employment agencies.- 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, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; or 

(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, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment. 

(c)  Labor organizations.- 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, 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, 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)  Training programs.- 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, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment. 

(e)  Notice or advertisement indicating prohibited preference, limitation, specification, or discrimination; bona fide occupational qualification.-  

(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, or disability. 

(2) A notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, age, national origin, marital status, or disability if religion, sex, age, national origin, marital status, or disability is a bona fide occupational qualification for employment. 

(f)  Opposition to unlawful employment practice; participation in enforcement proceeding.- An employer may not discriminate or retaliate against any of its employees or applicants for employment, an employment agency may not discriminate against any individual, and a labor organization may not discriminate or retaliate against any member or applicant for membership because the individual has: 

(1) opposed any practice prohibited by this subtitle; or 

(2) made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subtitle. 
 

[An. Code 1957, art. 49B, § 16(a)-(f); 2009, ch. 120, § 2; chs. 299,  300; ch. 366, § 1.]