Maryland 2022 Regular Session

Maryland Senate Bill SB451

Introduced
1/27/22  
Refer
1/27/22  
Report Pass
2/28/22  
Engrossed
3/4/22  
Refer
3/15/22  
Report Pass
4/11/22  
Enrolled
4/11/22  

Caption

Unlawful Employment Practice - Statute of Limitations - Tolling

Impact

The enactment of SB451 fundamentally alters the civil procedure for employment discrimination cases by providing a mechanism that pauses the limitation period for filing lawsuits until the administrative proceedings conclude. This change supports complainants who often face lengthy administrative processes and reduces the risk of losing the right to sue due to time constraints. Moreover, it reflects a legislative intent to bolster employee protections against unlawful employment practices, recognizing the challenges complainants face in navigating both administrative and legal systems. Courts will still have the discretion to award punitive damages under certain conditions, maintaining a balance between employee rights and the interests of employers.

Summary

Senate Bill 451, also known as the Unlawful Employment Practice - Statute of Limitations - Tolling Act, aims to amend the statute of limitations related to filing civil actions for unlawful employment practices in Maryland. The bill specifically provides for the tolling of the period during which a complainant may initiate a civil action alleging an unlawful employment practice while an administrative charge is pending. This adjustment is intended to extend the time frame for individuals seeking legal recourse against alleged unlawful employment practices, ensuring that their rights are not forfeited while waiting for administrative resolution.

Sentiment

The sentiment surrounding SB451 appears to be generally positive among labor advocates and organizations focused on workers' rights. Supporters argue that the bill addresses significant barriers faced by complainants and reinforces Maryland's commitment to combatting workplace discrimination. However, there may be apprehension from some employer groups who perceive an extended timeframe for litigation as an increase in liability and potential litigation costs. Overall, the consensus leans towards an acknowledgment of the need for protective measures for employees while maintaining fairness in the judicial process.

Contention

Debate surrounding SB451 may hinge on concerns from certain employer representatives about the implications of extended tolling periods. Critics may argue that the bill could lead to increased litigation risks for businesses, potentially resulting in more claims following lengthy delays in resolution. During discussions, it is likely that opposing viewpoints were expressed regarding the balance between protecting employee rights and ensuring that businesses do not face undue burdens from prolonged legal uncertainties. The bill encapsulates a larger conversation about how to best support victims of workplace discrimination while also being fair to employers navigating the legal landscape.

Companion Bills

No companion bills found.

Previously Filed As

MD SB449

Unlawful Employment Practices - Remedies

MD AB1556

Employment discrimination: unlawful employment practices.

MD H0315

Civil Remedies for Unlawful Employment Practices

MD HB5400

Relating to unlawful employment practices based on sexual harassment, including complaints and civil actions arising from those practices.

MD HB2753

Relating to unlawful employment practices based on sexual harassment, including complaints and civil actions arising from those practices.

MD SB2868

Relating to unlawful employment practices based on sexual harassment, including complaints and civil actions arising from those practices.

MD HB1999

Relating to unlawful employment practices based on sexual harassment, including complaints and civil actions arising from those practices.

MD SB1041

Relating to unlawful employment practices based on sexual harassment, including complaints and civil actions arising from those practices.

MD HB187

Relating to the statute of limitations applicable to unlawful employment practices.

MD SB1300

Unlawful employment practices: discrimination and harassment.

Similar Bills

No similar bills found.