Maryland 2022 Regular Session

Maryland Senate Bill SB449 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		sb0449
9	6
10	7		SENATE BILL 449
11	8		D5 2lr1683
12	9		SB 911/21 – JPR
13		-	By: Senator Smith ~~Senators Smith, Carter, Hettleman, and Lee~~
	10	+	By: Senator Smith
14	11		Introduced and read first time: January 27, 2022
15	12		Assigned to: Judicial Proceedings
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted
18		-	Read second time: February 22, 2022
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Unlawful Employment Practice s – Remedies 2
25	19
26	20		FOR the purpose of increasing the limitations on the amount of compensatory damages and 3
27	21		punitive damages that may be awarded to a complainant in an unlawful employment 4
28	22		practice case; increasing the period of time for which a complainant may recover back 5
29	23		pay in an unlawful employment practice case; and generally relating to remedies for 6
30	24		unlawful employment practices. 7
31	25
32	26		BY repealing and reenacting, with amendments, 8
33	27		Article – State Government 9
34	28		Section 20–1009 10
35	29		Annotated Code of Maryland 11
36	30		(2021 Replacement Volume) 12
37	31
38	32		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
39	33		That the Laws of Maryland read as follows: 14
40	34
41	35		Article – State Government 15
42	36
43	37		20–1009. 16
44	38
45	39		(a) If, after reviewing all of the evidence, the administrative law judge finds that 17
46	40		the respondent has engaged in a discriminatory act, the administrative law judge shall: 18
47		-	2 SENATE BILL 449
48	41
	42	+	(1) issue a decision and order stating the judge’s findings of fact and 19
	43	+	conclusions of law; and 20
49	44
50		-	(1) issue ~~a decision and~~ order ~~stating~~ the ~~judge’s findings of fact and 1~~
51		-	~~conclusions of law;~~ ~~and 2~~
	45	+	(2) issue and cause to be served on the respondent an order requiring the 21
	46	+	respondent to: 22
52	47
53		-	(2) issue and cause to be served on the respondent an order requiring the 3
54		-	respondent to: 4
55		-
56		-	(i) cease and desist from engaging in the discriminatory acts; and 5
57		-
58		-	(ii) take affirmative action to effectuate the purposes of the 6
59		-	applicable subtitle of this title. 7
60		-
61		-	(b) (1) If the respondent is found to have engaged in or to be engaging in an 8
62		-	unlawful employment practice charged in the complaint, the remedy may include: 9
63		-
64		-	(i) enjoining the respondent from engaging in the discriminatory 10
65		-	act; 11
66		-
67		-	(ii) ordering appropriate affirmative relief, including the 12
68		-	reinstatement or hiring of employees, with or without back pay; 13
69		-
70		-	(iii) awarding compensatory damages; or 14
71		-
72		-	(iv) ordering any other equitable relief that the administrative law 15
73		-	judge considers appropriate. 16
74		-
75		-	(2) Compensatory damages awarded under this subsection are in addition 17
76		-	to: 18
77		-
78		-	(i) back pay or interest on back pay that the complainant may 19
79		-	recover under any other provision of law; and 20
80		-
81		-	(ii) any other equitable relief that a complainant may recover under 21
82		-	any other provision of law. 22
83		-
84		-	(3) (I) The sum of the amount of compensatory damages awarded to 23
85		-	each complainant under this subsection for future pecuniary losses, emotional pain, 24
86		-	suffering, inconvenience, mental anguish, loss of enjoyment of life, or nonpecuniary losses, 25
87		-	may not exceed: 26
88		-
89		-	[(i)] 1. [$50,000] $65,000, if the respondent employs not fewer 27
90		-	than 15 and not more than 100 employees in each of 20 or more calendar weeks in the 28
91		-	current or preceding calendar year; 29
92		-
93		-	[(ii)] 2. [$100,000] $130,000, if the respondent employs not fewer 30
94		-	than 101 and not more than 200 employees in each of 20 or more calendar weeks in the 31
95		-	current or preceding calendar year; 32
96		-	SENATE BILL 449 3
97		-
98		-
99		-	[(iii)] 3. [$200,000] $260,000, if the respondent employs not fewer 1
100		-	than 201 and not more than 500 employees in each of 20 or more calendar weeks in the 2
101		-	current or preceding calendar year; and 3
102		-
103		-	[(iv)] 4. [$300,000] $385,000, if the respondent employs not fewer 4
104		-	than 501 employees in each of 20 or more calendar weeks in the current or preceding 5
105		-	calendar year. 6
106		-
107		-	(II) 1. THE LIMITATION ON COM PENSATORY DAMAGES 7
108		-	PROVIDED UNDER SUBPA RAGRAPH (I) OF THIS PARAGRAPH SHALL I NCREASE BY 5% 8
109		-	ON OCTOBER 1 EACH YEAR BEGINNING OCTOBER 1, 2022. 9
110		-
111		-	2. THE INCREASED AMOUNT SHALL APPLY TO CAUSE S 10
112		-	OF ACTION ARISING BE TWEEN OCTOBER 1 OF THAT YEAR AND SEPTEMBER 30 OF 11
113		-	THE FOLLOWING YEAR , INCLUSIVE. 12
114		-
115		-	(4) If back pay is awarded under paragraph (1) of this subsection, the 13
116		-	award shall be reduced by any interim earnings or amounts earnable with reasonable 14
117		-	diligence by the person discriminated against. 15
118		-
119		-	(5) In addition to any other relief authorized by this subsection, a 16
120		-	complainant may recover back pay for up to [2] 3 years preceding the filing of the 17
121		-	complaint, where the unlawful employment practice that has occurred during the 18
122		-	complaint filing period is similar or related to an unlawful employment practice with regard 19
123		-	to discrimination in compensation that occurred outside the time for filing a complaint. 20
124		-
125		-	(c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, if the 21
126		-	respondent is found to have engaged in or to be engaging in a discriminatory act other than 22
127		-	an unlawful employment practice, in addition to an award of civil penalties as provided in 23
128		-	§ 20–1016 of this subtitle, nonmonetary relief may be granted to the complainant. 24
129		-
130		-	(ii) An order may not be issued that substantially affects the cost, 25
131		-	level, or type of any transportation services. 26
132		-
133		-	(2) (i) In cases involving transportation services that are supported 27
134		-	fully or partially with funds from the Maryland Department of Transportation, an order 28
135		-	may not be issued that would require costs, level, or type of transportation services different 29
136		-	from or exceeding those required to meet U.S. Department of Transportation regulations 30
137		-	adopted under 29 U.S.C. § 794. 31
138		-
139		-	(ii) An order issued in violation of subparagraph (i) of this paragraph 32
140		-	is not enforceable under § 20–1011 of this subtitle. 33
141		-
142		-	(d) If, after reviewing all of the evidence, the administrative law judge finds that 34
143		-	the respondent has not engaged in an alleged discriminatory act, the administrative law 35
144		-	judge shall: 36 4 SENATE BILL 449
	48	+	(i) cease and desist from engaging in the discriminatory acts; and 23 2 SENATE BILL 449
145	49
146	50
147	51
148		-	(1) state findings of fact and conclusions of law; and 1
	52	+	(ii) take affirmative action to effectuate the purposes of the 1
	53	+	applicable subtitle of this title. 2
149	54
150		-	(2) issue an order dismissing the complaint. 2
	55	+	(b) (1) If the respondent is found to have engaged in or to be engaging in an 3
	56	+	unlawful employment practice charged in the complaint, the remedy may include: 4
151	57
152		-	(e) Unless a timely appeal is filed with the Commission in accordance with the 3
153		-	Commission’s regulations, a decision and order issued by the administrative law judge 4
154		-	under this section shall become the final order of the Commission. 5
	58	+	(i) enjoining the respondent from engaging in the discriminatory 5
	59	+	act; 6
155	60
156		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
157		-	October 1, 2022. 7
	61	+	(ii) ordering appropriate affirmative relief, including the 7
	62	+	reinstatement or hiring of employees, with or without back pay; 8
	63	+
	64	+	(iii) awarding compensatory damages; or 9
	65	+
	66	+	(iv) ordering any other equitable relief that the administrative law 10
	67	+	judge considers appropriate. 11
	68	+
	69	+	(2) Compensatory damages awarded under this subsection are in addition 12
	70	+	to: 13
	71	+
	72	+	(i) back pay or interest on back pay that the complainant may 14
	73	+	recover under any other provision of law; and 15
	74	+
	75	+	(ii) any other equitable relief that a complainant may recover under 16
	76	+	any other provision of law. 17
	77	+
	78	+	(3) (I) The sum of the amount of compensatory damages awarded to 18
	79	+	each complainant under this subsection for future pecuniary losses, emotional pain, 19
	80	+	suffering, inconvenience, mental anguish, loss of enjoyment of life, or nonpecuniary losses, 20
	81	+	may not exceed: 21
	82	+
	83	+	[(i)] 1. [$50,000] $65,000, if the respondent employs not fewer 22
	84	+	than 15 and not more than 100 employees in each of 20 or more calendar weeks in the 23
	85	+	current or preceding calendar year; 24
	86	+
	87	+	[(ii)] 2. [$100,000] $130,000, if the respondent employs not fewer 25
	88	+	than 101 and not more than 200 employees in each of 20 or more calendar weeks in the 26
	89	+	current or preceding calendar year; 27
	90	+
	91	+	[(iii)] 3. [$200,000] $260,000, if the respondent employs not fewer 28
	92	+	than 201 and not more than 500 employees in each of 20 or more calendar weeks in the 29
	93	+	current or preceding calendar year; and 30
	94	+
	95	+	[(iv)] 4. [$300,000] $385,000, if the respondent employs not fewer 31
	96	+	than 501 employees in each of 20 or more calendar weeks in the current or preceding 32
	97	+	calendar year. 33 SENATE BILL 449 3
158	98
159	99
160	100
	101	+	(II) 1. THE LIMITATION ON COM PENSATORY DAMAGES 1
	102	+	PROVIDED UNDER SUBPA RAGRAPH (I) OF THIS PARAGRAPH SH ALL INCREASE BY 5% 2
	103	+	ON OCTOBER 1 EACH YEAR BEGINNING OCTOBER 1, 2022. 3
161	104
162		-	Approved:
163		-	________________________________________________________________________________
164		-	Governor.
165		-	________________________________________________________________________________
166		-	President of the Senate.
167		-	________________________________________________________________________________
168		-	Speaker of the House of Delegates.
	105	+	2. THE INCREASED AMOUNT SHALL APPLY TO CAUSES 4
	106	+	OF ACTION ARISING BE TWEEN OCTOBER 1 OF THAT YEAR AND SEPTEMBER 30 OF 5
	107	+	THE FOLLOWING YEAR , INCLUSIVE. 6
	108	+
	109	+	(4) If back pay is awarded under paragraph (1) of this subsection, the 7
	110	+	award shall be reduced by any interim earnings or amounts earnable with reasonable 8
	111	+	diligence by the person discriminated against. 9
	112	+
	113	+	(5) In addition to any other relief authorized by this subsection, a 10
	114	+	complainant may recover back pay for up to [2] 3 years preceding the filing of the 11
	115	+	complaint, where the unlawful employment practice that has occurred during the 12
	116	+	complaint filing period is similar or related to an unlawful employment practice with regard 13
	117	+	to discrimination in compensation that occurred outside the time for filing a complaint. 14
	118	+
	119	+	(c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, if the 15
	120	+	respondent is found to have engaged in or to be engaging in a discriminatory act other than 16
	121	+	an unlawful employment practice, in addition to an award of civil penalties as provided in 17
	122	+	§ 20–1016 of this subtitle, nonmonetary relief may be granted to the complainant. 18
	123	+
	124	+	(ii) An order may not be issued that substantially affects the cost, 19
	125	+	level, or type of any transportation services. 20
	126	+
	127	+	(2) (i) In cases involving transportation services that are supported 21
	128	+	fully or partially with funds from the Maryland Department of Transportation, an order 22
	129	+	may not be issued that would require costs, level, or type of transportation services different 23
	130	+	from or exceeding those required to meet U.S. Department of Transportation regulations 24
	131	+	adopted under 29 U.S.C. § 794. 25
	132	+
	133	+	(ii) An order issued in violation of subparagraph (i) of this paragraph 26
	134	+	is not enforceable under § 20–1011 of this subtitle. 27
	135	+
	136	+	(d) If, after reviewing all of the evidence, the administrative law judge finds that 28
	137	+	the respondent has not engaged in an alleged discriminatory act, the administrative law 29
	138	+	judge shall: 30
	139	+
	140	+	(1) state findings of fact and conclusions of law; and 31
	141	+
	142	+	(2) issue an order dismissing the complaint. 32
	143	+
	144	+	(e) Unless a timely appeal is filed with the Commission in accordance with the 33
	145	+	Commission’s regulations, a decision and order issued by the administrative law judge 34 4 SENATE BILL 449
	146	+
	147	+
	148	+	under this section shall become the final order of the Commission. 1
	149	+
	150	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2
	151	+	October 1, 2022. 3
	152	+