EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0449*
SENATE BILL 449
D5 2lr1683
SB 911/21 – JPR
By: Senator Smith
Introduced and read first time: January 27, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Unlawful Employment Practice s – Remedies 2
FOR the purpose of increasing the limitations on the amount of compensatory damages and 3
punitive damages that may be awarded to a complainant in an unlawful employment 4
practice case; increasing the period of time for which a complainant may recover back 5
pay in an unlawful employment practice case; and generally relating to remedies for 6
unlawful employment practices. 7
BY repealing and reenacting, with amendments, 8
Article – State Government 9
Section 20–1009 10
Annotated Code of Maryland 11
(2021 Replacement Volume) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – State Government 15
20–1009. 16
(a) If, after reviewing all of the evidence, the administrative law judge finds that 17
the respondent has engaged in a discriminatory act, the administrative law judge shall: 18
(1) issue a decision and order stating the judge’s findings of fact and 19
conclusions of law; and 20
(2) issue and cause to be served on the respondent an order requiring the 21
respondent to: 22
(i) cease and desist from engaging in the discriminatory acts; and 23 2 SENATE BILL 449
(ii) take affirmative action to effectuate the purposes of the 1
applicable subtitle of this title. 2
(b) (1) If the respondent is found to have engaged in or to be engaging in an 3
unlawful employment practice charged in the complaint, the remedy may include: 4
(i) enjoining the respondent from engaging in the discriminatory 5
act; 6
(ii) ordering appropriate affirmative relief, including the 7
reinstatement or hiring of employees, with or without back pay; 8
(iii) awarding compensatory damages; or 9
(iv) ordering any other equitable relief that the administrative law 10
judge considers appropriate. 11
(2) Compensatory damages awarded under this subsection are in addition 12
to: 13
(i) back pay or interest on back pay that the complainant may 14
recover under any other provision of law; and 15
(ii) any other equitable relief that a complainant may recover under 16
any other provision of law. 17
(3) (I) The sum of the amount of compensatory damages awarded to 18
each complainant under this subsection for future pecuniary losses, emotional pain, 19
suffering, inconvenience, mental anguish, loss of enjoyment of life, or nonpecuniary losses, 20
may not exceed: 21
[(i)] 1. [$50,000] $65,000, if the respondent employs not fewer 22
than 15 and not more than 100 employees in each of 20 or more calendar weeks in the 23
current or preceding calendar year; 24
[(ii)] 2. [$100,000] $130,000, if the respondent employs not fewer 25
than 101 and not more than 200 employees in each of 20 or more calendar weeks in the 26
current or preceding calendar year; 27
[(iii)] 3. [$200,000] $260,000, if the respondent employs not fewer 28
than 201 and not more than 500 employees in each of 20 or more calendar weeks in the 29
current or preceding calendar year; and 30
[(iv)] 4. [$300,000] $385,000, if the respondent employs not fewer 31
than 501 employees in each of 20 or more calendar weeks in the current or preceding 32
calendar year. 33 SENATE BILL 449 3
(II) 1. THE LIMITATION ON COM PENSATORY DAMAGES 1
PROVIDED UNDER SUBPA RAGRAPH (I) OF THIS PARAGRAPH SH ALL INCREASE BY 5% 2
ON OCTOBER 1 EACH YEAR BEGINNING OCTOBER 1, 2022. 3
2. THE INCREASED AMOUNT SHALL APPLY TO CAUSES 4
OF ACTION ARISING BE TWEEN OCTOBER 1 OF THAT YEAR AND SEPTEMBER 30 OF 5
THE FOLLOWING YEAR , INCLUSIVE. 6
(4) If back pay is awarded under paragraph (1) of this subsection, the 7
award shall be reduced by any interim earnings or amounts earnable with reasonable 8
diligence by the person discriminated against. 9
(5) In addition to any other relief authorized by this subsection, a 10
complainant may recover back pay for up to [2] 3 years preceding the filing of the 11
complaint, where the unlawful employment practice that has occurred during the 12
complaint filing period is similar or related to an unlawful employment practice with regard 13
to discrimination in compensation that occurred outside the time for filing a complaint. 14
(c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, if the 15
respondent is found to have engaged in or to be engaging in a discriminatory act other than 16
an unlawful employment practice, in addition to an award of civil penalties as provided in 17
§ 20–1016 of this subtitle, nonmonetary relief may be granted to the complainant. 18
(ii) An order may not be issued that substantially affects the cost, 19
level, or type of any transportation services. 20
(2) (i) In cases involving transportation services that are supported 21
fully or partially with funds from the Maryland Department of Transportation, an order 22
may not be issued that would require costs, level, or type of transportation services different 23
from or exceeding those required to meet U.S. Department of Transportation regulations 24
adopted under 29 U.S.C. § 794. 25
(ii) An order issued in violation of subparagraph (i) of this paragraph 26
is not enforceable under § 20–1011 of this subtitle. 27
(d) If, after reviewing all of the evidence, the administrative law judge finds that 28
the respondent has not engaged in an alleged discriminatory act, the administrative law 29
judge shall: 30
(1) state findings of fact and conclusions of law; and 31
(2) issue an order dismissing the complaint. 32
(e) Unless a timely appeal is filed with the Commission in accordance with the 33
Commission’s regulations, a decision and order issued by the administrative law judge 34 4 SENATE BILL 449
under this section shall become the final order of the Commission. 1
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2
October 1, 2022. 3