EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb0455*
HOUSE BILL 455
P4, P1 2lr2325
By: Delegate Wells
Introduced and read first time: January 20, 2022
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
State Personnel – Implicit Bias Awareness Training – Required 2
FOR the purpose of requiring each State employee to complete a certain amount of implicit 3
bias awareness training at certain times; requiring that the training include certain 4
information; requiring each unit to designate a representative to coordinate with the 5
Maryland Commission on Civil Rights to implement the training; authorizing a unit 6
to incorporate the training into existing employment training; requiring the 7
Commission to train certain representatives in the prevention of implicit bias; 8
providing that certain representatives are encouraged to use certain materials to 9
prevent implicit bias in the workplace; authorizing a unit to require an employee to 10
retake any part or all of the training or to participate in certain additional training 11
or classes; requiring the Equal Employment Opportunity Coordinator to enforce 12
certain requirements for certain units in the Executive Branch of State government; 13
authorizing the Equal Employment Opportunity Coordinator to recommend that a 14
certain performance audit or review be conducted under certain circumstances; 15
prohibiting a person from bringing a certain action against the State except under 16
certain circumstances; providing that certain training is a minimum requirement; 17
requiring certain Equal Employment Opportunity Program reports to include 18
certain information about implicit bias awareness training; and generally relating to 19
implicit bias awareness training. 20
BY adding to 21
Article – State Personnel and Pensions 22
Section 2–203.2 23
Annotated Code of Maryland 24
(2015 Replacement Volume and 2021 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – State Personnel and Pensions 27
Section 5–205(a)(4) 28
Annotated Code of Maryland 29 2 HOUSE BILL 455
(2015 Replacement Volume and 2021 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – State Personnel and Pensions 4
2–203.2. 5
(A) (1) IN THIS SECTION THE F OLLOWING WOR DS HAVE THE MEANINGS 6
INDICATED. 7
(2) “COMMISSION” MEANS THE COMMISSION ON CIVIL RIGHTS. 8
(3) “CULTURAL COMPETENCY ” MEANS A SET OF INTEG RATED 9
ATTITUDES, KNOWLEDGE , AND SKILLS THAT ENAB LE A STATE EMPLOYEE TO 10
EFFECTIVELY PERFORM THE EMPLOYE E’S JOB WITH, AND ON BEHALF OF , PERSONS 11
FROM DIVERSE CULTURE S, GROUPS, AND COMMUNITIES . 12
(4) “IMPLICIT BIAS” MEANS THE ATTITUDES OR INTERNALIZED 13
STEREOTYPES THAT AFF ECT PERCEPTIONS , ACTIONS, AND DECISIONS IN AN 14
UNCONSCIOUS MANNER . 15
(B) THE GENERAL ASSEMBLY FINDS THAT I MPLICIT BIAS EXISTS AND 16
OFTEN CONTRIBUTES TO UNEQUAL TREATMENT OF PEOPLE BASED ON RACE , 17
ETHNICITY, GENDER IDENTITY , SEXUAL ORIENTATION , AGE, DISABILITY, AND 18
OTHER CHARACTERISTIC S. 19
(C) (1) THIS SECTION APPLIES TO ALL UNIT S IN THE EXECUTIVE, 20
JUDICIAL, AND LEGISLATIVE BRANCHES OF STATE GOVERNMENT , INCLUDING ALL 21
UNITS WITH INDEPENDE NT PERSONNEL SYSTEMS . 22
(2) FOR THE UNIVERSITY SYSTEM OF MARYLAND, THIS SECTION 23
APPLIES TO EACH CONS TITUENT INSTITUTION . 24
(D) (1) EACH STATE EMP LOYEE SHALL COMPLETE AT LEAST A 25
CUMULATIVE 2 HOURS OF IN–PERSON OR VIRTUAL , INTERACTIVE TRAINING ON 26
IMPLICIT BIAS AWARENESS : 27
(I) WITHIN 6 MONTHS AFTER THE EMP LOYEE’S INITIAL 28
APPOINTMENT ; AND 29
(II) ANNUALLY THEREAFTER . 30
HOUSE BILL 455 3
(2) THE TRAINING REQUIRED UNDER PARAGRAPH (1) OF THIS 1
SUBSECTION SHALL INC LUDE: 2
(I) UNDERSTANDING THE DE FINITION OF IMPLICIT BIAS; 3
(II) A REQUIREMENT THAT E ACH EMPLOYEE TAKE A 4
SELF–EVALUATION THAT MEAS URES THE EMPLOYEE ’S POSITIVE OR NEGATI VE 5
ATTITUDE TOWARDS A P ARTICULAR CONCEPT OR SOCIAL GROUP ; 6
(III) INFORMATION ON THE IMPACT OF IMP LICIT BIAS ON 7
INTERPERSONAL RELATI ONSHIPS AND ENCOUNTE RS IN THE WORKPLACE ; 8
(IV) INFORMATION ON STRATEGIES TO ADDRES S THE NEGATIVE 9
EFFECTS OF IMPLICIT BIAS IN THE WORKPLAC E AND THE PERFORMANC E OF THE 10
EMPLOYEE’S JOB; AND 11
(V) ENCOURAG ING CULTURAL COMPETENCY IN THE 12
WORKPLACE . 13
(3) THE SELF–EVALUATION REQUIRED UNDER PARAGRAPH (2)(II) OF 14
THIS SUBSECTION: 15
(I) SHALL BE A BEHAVIORA L MEASUREMENT TOOL ; 16
(II) MAY BE MODELED AFTER THE HARVARD IMPLICIT 17
ASSOCIATION TEST; AND 18
(III) SHALL REQUIRE THE EM PLOYEE TO DESCRIBE T HEIR OWN 19
SELF–UNDERSTANDING OF ANY UNCONSCIOUS ATTITUDE S, IMPLICIT BIASES, OR 20
STEREOTYPES FOLLOWIN G THE EVALUATION . 21
(E) (1) (I) EACH UNIT SHALL DESIG NATE A REPRESENTATIV E TO 22
COORDINATE WITH THE COMMISSION TO IMPLEME NT THE TRAINING THAT STATE 23
EMPLOYEES ARE REQUIR ED TO COMPLETE UNDER SUBSE CTION (D) OF THIS 24
SECTION. 25
(II) A UNIT MAY INCORPORATE THE TRAINING INTO EX ISTING 26
EMPLOYMENT TRAINING FOR NEW EMPLOYEES AN D SUPERVISORS . 27
(2) THE COMMISSION SHALL TRAI N EACH REPRESENTATIV E 28
DESIGNATED UNDER PAR AGRAPH (1) OF THIS SUBSECTION IN THE PREVENTION OF 29
IMPLICIT BIAS. 30
4 HOUSE BILL 455
(3) THE REPRESENTATIVES D ESIGNATED UNDER PARA GRAPH (1) OF 1
THIS SUBSECTION ARE ENCOURAGED TO USE EQUAL EMPLOYMENT OPPORTUNITY 2
COMMISSION MATERIALS TO PREVENT IMPLICIT BIAS IN THE WORKPLACE . 3
(F) IF IT IS DETERMINED TO BE NECESS ARY BY THE APPOINTIN G 4
AUTHORITY, A UNIT MAY REQUIRE A N EMPLOYEE TO RETAKE ANY PART OR ALL OF 5
THE TRAINING OR TO P ARTICIPATE IN ADDITI ONAL CLASSES OR TRAI NING. 6
(G) FOR A UNIT IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT , THE 7
EQUAL EMPLOYMENT OPPORTUNITY COORDINATOR ESTABLISH ED UNDER § 5–206 8
OF THIS ARTICLE: 9
(1) SHALL ENFORCE THE RE QUIREMENTS OF THIS S ECTION; AND 10
(2) MAY RECOMMEND TO THE LEGISLATIVE AUDITOR, THE JOINT 11
AUDIT AND EVALUATION COMMITTEE, OR THE EXECUTIVE DIRECTOR OF THE 12
DEPARTMENT OF LEGISLATIVE SERVICES THAT THE OFFICE OF LEGISLATIVE 13
AUDITS CONDUCT A PERF ORMANCE AUDIT OR REV IEW OF A UNIT IF THE EQUAL 14
EMPLOYMENT OPPORTUNITY COORDINATOR DETERMINE S THAT THE UNIT HAS NOT 15
COMPLIED WITH THIS S ECTION. 16
(H) UNLESS THE ACTS OR O MISSIONS OF AN EMPLO YEE WHO COMPLETED 17
THE TRAINING REQUIRE D UNDER SUBSECTION (D) OF THIS SECTION ARE WILLFUL, 18
WANTON, OR GROSSLY NEGLIGENT , A PERSON MAY NOT BRI NG AN ACTION AGAINST 19
THE STATE FOR ANY ACT OR OMISSION RESULTING F ROM: 20
(1) ANY TRAINING OR LA CK OF TRAINING OF A STATE EMPLOYEE ; OR 21
(2) THE IMPLEMENTATION O F THE TRAINING REQUI RED UNDER 22
SUBSECTION (D) OF THIS SECTION. 23
(I) THE TRAINING REQUIRED IN THIS SECTION IS A MINIMUM 24
REQUIREMENT AND MAY NOT BE CONSTRUED TO DISCOURAGE OR RELIEV E ANY 25
UNIT FROM PROVIDING A LONGER, MORE FREQUENT , OR MORE INFORMATIVE 26
TRAINING ON WORKPLAC E IMPLICIT BIAS. 27
(J) THE COMMISSION SHALL ADOP T REGULATIONS TO IMPLEMENT THIS 28
SECTION. 29
5–205. 30
(a) In accordance with the provisions and intent of the Maryland Constitution 31
and other laws of the State, each unit shall: 32
HOUSE BILL 455 5
(4) for each fiscal year, submit to the Coordinator by the following October 1
15 an annual report about the activities that the unit undertook in that fiscal year to 2
implement the Program, including: 3
(i) information about personnel practices within the unit; 4
(ii) a summary of complaints filed, investigated, resolved, and 5
pending; 6
(iii) information about relations with other units of State 7
government; 8
(IV) INFORMATION ABOUT IM PLICIT BIAS AWARENESS 9
TRAINING; 10
[(iv)] (V) information about sexual harassment policies and 11
prevention training; and 12
[(v)] (VI) a summary of sexual harassment complaints filed, 13
investigated, resolved, and pending; and 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2022. 16