EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0449*
SENATE BILL 449
D5 2lr1683
SB 911/21 – JPR
By: Senator Smith Senators Smith, Carter, Hettleman, and Lee
Introduced and read first time: January 27, 2022
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 22, 2022
CHAPTER ______
AN ACT concerning 1
Unlawful Employment Practices – 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
2 SENATE BILL 449
(1) issue a decision and order stating the judge’s findings of fact and 1
conclusions of law; and 2
(2) issue and cause to be served on the respondent an order requiring the 3
respondent to: 4
(i) cease and desist from engaging in the discriminatory acts; and 5
(ii) take affirmative action to effectuate the purposes of the 6
applicable subtitle of this title. 7
(b) (1) If the respondent is found to have engaged in or to be engaging in an 8
unlawful employment practice charged in the complaint, the remedy may include: 9
(i) enjoining the respondent from engaging in the discriminatory 10
act; 11
(ii) ordering appropriate affirmative relief, including the 12
reinstatement or hiring of employees, with or without back pay; 13
(iii) awarding compensatory damages; or 14
(iv) ordering any other equitable relief that the administrative law 15
judge considers appropriate. 16
(2) Compensatory damages awarded under this subsection are in addition 17
to: 18
(i) back pay or interest on back pay that the complainant may 19
recover under any other provision of law; and 20
(ii) any other equitable relief that a complainant may recover under 21
any other provision of law. 22
(3) (I) The sum of the amount of compensatory damages awarded to 23
each complainant under this subsection for future pecuniary losses, emotional pain, 24
suffering, inconvenience, mental anguish, loss of enjoyment of life, or nonpecuniary losses, 25
may not exceed: 26
[(i)] 1. [$50,000] $65,000, if the respondent employs not fewer 27
than 15 and not more than 100 employees in each of 20 or more calendar weeks in the 28
current or preceding calendar year; 29
[(ii)] 2. [$100,000] $130,000, if the respondent employs not fewer 30
than 101 and not more than 200 employees in each of 20 or more calendar weeks in the 31
current or preceding calendar year; 32
SENATE BILL 449 3
[(iii)] 3. [$200,000] $260,000, if the respondent employs not fewer 1
than 201 and not more than 500 employees in each of 20 or more calendar weeks in the 2
current or preceding calendar year; and 3
[(iv)] 4. [$300,000] $385,000, if the respondent employs not fewer 4
than 501 employees in each of 20 or more calendar weeks in the current or preceding 5
calendar year. 6
(II) 1. THE LIMITATION ON COM PENSATORY DAMAGES 7
PROVIDED UNDER SUBPA RAGRAPH (I) OF THIS PARAGRAPH SHALL I NCREASE BY 5% 8
ON OCTOBER 1 EACH YEAR BEGINNING OCTOBER 1, 2022. 9
2. THE INCREASED AMOUNT SHALL APPLY TO CAUSE S 10
OF ACTION ARISING BE TWEEN OCTOBER 1 OF THAT YEAR AND SEPTEMBER 30 OF 11
THE FOLLOWING YEAR , INCLUSIVE. 12
(4) If back pay is awarded under paragraph (1) of this subsection, the 13
award shall be reduced by any interim earnings or amounts earnable with reasonable 14
diligence by the person discriminated against. 15
(5) In addition to any other relief authorized by this subsection, a 16
complainant may recover back pay for up to [2] 3 years preceding the filing of the 17
complaint, where the unlawful employment practice that has occurred during the 18
complaint filing period is similar or related to an unlawful employment practice with regard 19
to discrimination in compensation that occurred outside the time for filing a complaint. 20
(c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, if the 21
respondent is found to have engaged in or to be engaging in a discriminatory act other than 22
an unlawful employment practice, in addition to an award of civil penalties as provided in 23
§ 20–1016 of this subtitle, nonmonetary relief may be granted to the complainant. 24
(ii) An order may not be issued that substantially affects the cost, 25
level, or type of any transportation services. 26
(2) (i) In cases involving transportation services that are supported 27
fully or partially with funds from the Maryland Department of Transportation, an order 28
may not be issued that would require costs, level, or type of transportation services different 29
from or exceeding those required to meet U.S. Department of Transportation regulations 30
adopted under 29 U.S.C. § 794. 31
(ii) An order issued in violation of subparagraph (i) of this paragraph 32
is not enforceable under § 20–1011 of this subtitle. 33
(d) If, after reviewing all of the evidence, the administrative law judge finds that 34
the respondent has not engaged in an alleged discriminatory act, the administrative law 35
judge shall: 36 4 SENATE BILL 449
(1) state findings of fact and conclusions of law; and 1
(2) issue an order dismissing the complaint. 2
(e) Unless a timely appeal is filed with the Commission in accordance with the 3
Commission’s regulations, a decision and order issued by the administrative law judge 4
under this section shall become the final order of the Commission. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2022. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.