Maryland 2023 Regular Session

Maryland Senate Bill SB964 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0964
6	6
7	7	SENATE BILL 964
8	8	D5 3lr3114
9	9	CF HB 1163
10	10	By: Senators Benson, Carter, and Muse
11	11	Introduced and read first time: February 27, 2023
12	12	Assigned to: Rules
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Human Relations – Protections Against Discrimination – Criminal Records 2
19	19
20	20	FOR the purpose of prohibiting discrimination based on an individual’s criminal record in 3
21	21	public accommodations, commercial leasing, housing, and employment and by 4
22	22	certain licensed or regulated persons; establishing certain exceptions to certain 5
23	23	prohibitions established under this Act; establishing that certain crimes are not 6
24	24	included in the definition of “criminal record” for the purposes of certain provisions 7
25	25	prohibiting discrimination; and generally relating to discrimination based on an 8
26	26	individual’s criminal record. 9
27	27
28	28	BY renumbering 10
29	29	Article – State Government 11
30	30	Section 20–101(d) through (i) 12
31	31	to be Section 20–101(e) through (j), respectively 13
32	32	Annotated Code of Maryland 14
33	33	(2021 Replacement Volume and 2022 Supplement) 15
34	34
35	35	BY adding to 16
36	36	Article – State Government 17
37	37	Section 20–101(d) 18
38	38	Annotated Code of Maryland 19
39	39	(2021 Replacement Volume and 2022 Supplement) 20
40	40
41	41	BY repealing and reenacting, without amendments, 21
42	42	Article – State Government 22
43	43	Section 20–301, 20–601(a), and 20–703 23
44	44	Annotated Code of Maryland 24
45	45	(2021 Replacement Volume and 2022 Supplement) 25
46	46
47	47	BY repealing and reenacting, with amendments, 26
48	48	Article – State Government 27 2 SENATE BILL 964
49	49
50	50
51	51	Section 20–302, 20–304, 20–401, 20–402, 20–501, 20–601(h), 20–602, 20–603, 1
52	52	20–604, 20–605(a)(1), 20–606(a) through (e), 20–610(b)(1) and (2) and (c), 2
53	53	20–702(a), 20–705, 20–707(b) and (c), and 20–1103(b) 3
54	54	Annotated Code of Maryland 4
55	55	(2021 Replacement Volume and 2022 Supplement) 5
56	56
57	57	BY repealing and reenacting, with amendments, 6
58	58	Article – State Personnel and Pensions 7
59	59	Section 2–302 8
60	60	Annotated Code of Maryland 9
61	61	(2015 Replacement Volume and 2022 Supplement) 10
62	62
63	63	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
64	64	That Section(s) 20–101(d) through (i) of Article – State Government of the Annotated Code 12
65	65	of Maryland be renumbered to be Section(s) 20–101(e) through (j), respectively. 13
66	66
67	67	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 14
68	68	as follows: 15
69	69
70	70	Article – State Government 16
71	71
72	72	20–101. 17
73	73
74	74	(D) (1) “CRIMINAL RECORD ” MEANS: 18
75	75
76	76	(I) AN ARREST; 19
77	77
78	78	(II) A PLEA OR VERDICT OF GUILTY; 20
79	79
80	80	(III) A PLEA OF NOLO CONTE NDERE; 21
81	81
82	82	(IV) THE MARKING OF A CHA RGE “STET” ON THE DOCKET ; 22
83	83
84	84	(V) A DISPOSITION OF PRO BATION BEFORE JUDGME NT; OR 23
85	85
86	86	(VI) A DISPOSITION OF NOT CRIMINALLY RESPONSIB LE. 24
87	87
88	88	(2) “CRIMINAL RECORD ” DOES NOT INCLUDE : 25
89	89
90	90	(I) AN ARREST OR DISPOSI TION LISTED IN PARAG RAPH (1) OF 26
91	91	THIS SUBSECTION IF T HE CRIME WAS COMMITT ED AGAINST A MINOR ; OR 27
92	92
93	93	(II) THE REGISTRATION STA TUS OF AN INDIV IDUAL ON THE 28
94	94	MARYLAND SEX OFFENDER REGISTRY. 29
95	95	SENATE BILL 964 3
96	96
97	97
98	98	20–301. 1
99	99
100	100	In this subtitle, “place of public accommodation” means: 2
101	101
102	102	(1) an inn, hotel, motel, or other establishment that provides lodging to 3
103	103	transient guests; 4
104	104
105	105	(2) a restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or 5
106	106	other facility principally engaged in selling food or alcoholic beverages for consumption on 6
107	107	or off the premises, including a facility located on the premises of a retail establishment or 7
108	108	gasoline station; 8
109	109
110	110	(3) a motion picture house, theater, concert hall, sports arena, stadium, or 9
111	111	other place of exhibition or entertainment; 10
112	112
113	113	(4) a retail establishment that: 11
114	114
115	115	(i) is operated by a public or private entity; and 12
116	116
117	117	(ii) offers goods, services, entertainment, recreation, or 13
118	118	transportation; or 14
119	119
120	120	(5) an establishment: 15
121	121
122	122	(i) 1. that is physically located within the premises of any other 16
123	123	establishment covered by this subtitle; or 17
124	124
125	125	2. within the premises of which any other establishment 18
126	126	covered by this subtitle is physically located; and 19
127	127
128	128	(ii) that holds itself out as serving patrons of the covered 20
129	129	establishment. 21
130	130
131	131	20–302. 22
132	132
133	133	This subtitle does not prohibit the proprietor or employees of any establishment from 23
134	134	denying service to any person for failure to conform to the usual and regular requirements, 24
135	135	standards, and regulations of the establishment, provided that the denial is not based on 25
136	136	discrimination on the grounds of race, sex, age, color, creed, national origin, marital status, 26
137	137	sexual orientation, gender identity, CRIMINAL RECORD , or disability. 27
138	138
139	139	20–304. 28
140	140
141	141	An owner or operator of a place of public accommodation or an agent or employee of 29
142	142	the owner or operator may not refuse, withhold from, or deny to any person any of the 30
143	143	accommodations, advantages, facilities, or privileges of the place of public accommodation 31 4 SENATE BILL 964
144	144
145	145
146	146	because of the person’s race, sex, age, color, creed, national origin, marital status, sexual 1
147	147	orientation, gender identity, CRIMINAL RECORD , or disability. 2
148	148
149	149	20–401. 3
150	150
151	151	This subtitle does not prohibit any person that is licensed or regulated by the 4
152	152	Maryland Department of Labor from refusing, withholding from, or denying 5
153	153	accommodations, advantages, facilities, privileges, sales, or services to any person for 6
154	154	failure to conform to the usual and regular requirements, standards, and regulations of the 7
155	155	licensed or regulated person, provided that the denial is not based on discrimination on the 8
156	156	grounds of race, sex, color, creed, national origin, marital status, sexual orientation, age, 9
157	157	gender identity, CRIMINAL RECORD, or disability. 10
158	158
159	159	20–402. 11
160	160
161	161	A person that is licensed or regulated by a unit in the Maryland Department of Labor 12
162	162	listed in § 2–108 of the Business Regulation Article may not refuse, withhold from, or deny 13
163	163	any person any of the accommodations, advantages, facilities, privileges, sales, or services 14
164	164	of the licensed or regulated person or discriminate against any person because of the 15
165	165	person’s race, sex, creed, color, national origin, marital status, sexual orientation, age, 16
166	166	gender identity, CRIMINAL RECORD , or disability. 17
167	167
168	168	20–501. 18
169	169
170	170	An owner or operator of commercial property, an agent or employee of the owner or 19
171	171	operator of commercial property, or a person that is licensed or regulated by the State may 20
172	172	not discriminate against an individual in the terms, conditions, or privileges of the leasing 21
173	173	of property for commercial use, or in the provision of services or facilities in connection with 22
174	174	the leasing of property for commercial use, because of the individual’s race, color, religion, 23
175	175	sex, age, disability, marital status, sexual orientation, gender identity, CRIMINAL 24
176	176	RECORD, or national origin. 25
177	177
178	178	20–601. 26
179	179
180	180	(a) In this subtitle the following words have the meanings indicated. 27
181	181
182	182	(h) “Harassment” includes: 28
183	183
184	184	(1) unwelcome and offensive conduct, which need not be severe or 29
185	185	pervasive, when: 30
186	186
187	187	(i) the conduct is based on race, color, religion, ancestry or national 31
188	188	origin, sex, age, marital status, sexual orientation, gender identity, CRIMINAL RECORD , 32
189	189	or disability; and 33
190	190	SENATE BILL 964 5
191	191
192	192
193	193	(ii) 1. submission to the conduct is made either explicitly or 1
194	194	implicitly a term or condition of employment of an individual; 2
195	195
196	196	2. submission to or rejection of the conduct is used as a basis 3
197	197	for employment decisions affecting the individual; or 4
198	198
199	199	3. based on the totality of the circumstances, the conduct 5
200	200	unreasonably creates a working environment that a reasonable person would perceive to 6
201	201	be abusive or hostile; and 7
202	202
203	203	(2) sexual harassment. 8
204	204
205	205	20–602. 9
206	206
207	207	It is the policy of the State, in the exercise of its police power for the protection of the 10
208	208	public safety, public health, and general welfare, for the maintenance of business and good 11
209	209	government, and for the promotion of the State’s trade, commerce, and manufacturers: 12
210	210
211	211	(1) to assure all persons equal opportunity in receiving employment and in 13
212	212	all labor management–union relations, regardless of race, color, religion, ancestry or 14
213	213	national origin, sex, age, marital status, sexual orientation, gender identity, CRIMINAL 15
214	214	RECORD, or disability unrelated in nature and extent so as to reasonably preclude the 16
215	215	performance of the employment; and 17
216	216
217	217	(2) to that end, to prohibit discrimination in employment by any person. 18
218	218
219	219	20–603. 19
220	220
221	221	This subtitle does not require: 20
222	222
223	223	(1) an employer, employment agency, labor organization, or joint 21
224	224	labor–management committee subject to this subtitle to grant preferential treatment to 22
225	225	any individual or group on the basis of the race, color, religion, sex, age, national origin, 23
226	226	gender identity, sexual orientation, CRIMINAL RECORD , or disability of the individual or 24
227	227	group because an imbalance may exist with respect to the total number or percentage of 25
228	228	individuals of any race, color, religion, sex, age, national origin, gender identity, CRIMINAL 26
229	229	RECORD, or sexual orientation or individuals with disabilities employed by the employer, 27
230	230	referred or classified for employment by the employment agency or labor organization, 28
231	231	admitted to membership or classified by the labor organization, or admitted to, or employed 29
232	232	in, any apprenticeship or other training program, compared to the total number or 30
233	233	percentage of individuals of that race, color, religion, sex, age, national origin, CRIMINAL 31
234	234	RECORD, gender identity, or sexual orientation or individuals with disabilities in the State 32
235	235	or any community, section, or other area, or in the available work force in the State or any 33
236	236	community, section, or other area; or 34
237	237	6 SENATE BILL 964
238	238
239	239
240	240	(2) an employer to reasonably accommodate an employee’s religion or 1
241	241	disability, or an applicant for employment’s disability, if the accommodation would cause 2
242	242	undue hardship on the conduct of the employer’s business. 3
243	243
244	244	20–604. 4
245	245
246	246	(A) This subtitle does not apply to: 5
247	247
248	248	(1) an employer with respect to the employment of aliens outside of the 6
249	249	State; or 7
250	250
251	251	(2) a religious corporation, association, educational institution, or society 8
252	252	with respect to the employment of individuals of a particular religion, sexual orientation, 9
253	253	or gender identity OR WITH A CRIMINAL RECORD to perform work connected with the 10
254	254	activities of the religious entity. 11
255	255
256	256	(B) THIS SUBTITLE DOES NO T: 12
257	257
258	258	(1) PROHIBIT AN EMPLOYER FROM MAKING AN INQUI RY OR TAKING 13
259	259	OTHER ACTION THAT TH E EMPLOYER IS REQUIR ED TO TAKE OR IS EXP RESSLY 14
260	260	AUTHORIZED TO TAKE B Y ANOTHER APPLICABLE FEDERAL OR STATE LAW 15
261	261	REGARDING A CRIMINAL RECORD; OR 16
262	262
263	263	(2) APPLY TO AN EMPLOYER THAT PROVIDES PROGRAMS , SERVICES, 17
264	264	OR DIRECT CARE TO MI NORS OR TO VULNERABL E ADULTS. 18
265	265
266	266	(C) THIS SUBTITLE MAY NOT BE CONSTRUED TO PREE MPT A LOCAL 19
267	267	JURISDICTION FROM EN ACTING OR ENFORCING A LAW THAT IS MORE R ESTRICTIVE 20
268	268	WITH RESPECT TO CRIM INAL RECORD SCREENIN G PRACTICES OF EMPLOYERS IN 21
269	269	THE LOCAL JURISDICTI ON. 22
270	270
271	271	20–605. 23
272	272
273	273	(a) Notwithstanding any other provision of this subtitle, this subtitle does not 24
274	274	prohibit: 25
275	275
276	276	(1) an employer from hiring and employing employees, an employment 26
277	277	agency from classifying or referring for employment any individual, a labor organization 27
278	278	from classifying its membership or classifying or referring for employment any individual, 28
279	279	or an employer, labor organization, or joint labor–management committee controlling 29
280	280	apprenticeship or other training or retraining programs from admitting or employing any 30
281	281	individual in a program, on the basis of the individual’s sex, age, religion, national origin, 31
282	282	CRIMINAL RECORD , or disability, if sex, age, religion, national origin, CRIMINAL 32
283	283	RECORD, or disability is a bona fide occupational qualification reasonably necessary to the 33
284	284	normal operation of that business or enterprise; 34 SENATE BILL 964 7
285	285
286	286
287	287
288	288	20–606. 1
289	289
290	290	(a) An employer may not: 2
291	291
292	292	(1) fail or refuse to hire, discharge, or otherwise discriminate against any 3
293	293	individual with respect to the individual’s compensation, terms, conditions, or privileges of 4
294	294	employment because of: 5
295	295
296	296	(i) the individual’s race, color, religion, sex, age, national origin, 6
297	297	marital status, sexual orientation, gender identity, genetic information, CRIMINAL 7
298	298	RECORD, or disability unrelated in nature and extent so as to reasonably preclude the 8
299	299	performance of the employment; or 9
300	300
301	301	(ii) the individual’s refusal to submit to a genetic test or make 10
302	302	available the results of a genetic test; 11
303	303
304	304	(2) limit, segregate, or classify its employees or applicants for employment 12
305	305	in any way that would deprive or tend to deprive any individual of employment 13
306	306	opportunities or otherwise adversely affect the individual’s status as an employee because 14
307	307	of: 15
308	308
309	309	(i) the individual’s race, color, religion, sex, age, national origin, 16
310	310	marital status, sexual orientation, gender identity, genetic information, CRIMINAL 17
311	311	RECORD, or disability unrelated in nature and extent so as to reasonably preclude the 18
312	312	performance of the employment; or 19
313	313
314	314	(ii) the individual’s refusal to submit to a genetic test or make 20
315	315	available the results of a genetic test; 21
316	316
317	317	(3) request or require genetic tests or genetic information as a condition of 22
318	318	hiring or determining benefits; 23
319	319
320	320	(4) fail or refuse to make a reasonable accommodation for the known 24
321	321	disability of an otherwise qualified employee or an applicant for employment; or 25
322	322
323	323	(5) engage in harassment of an employee. 26
324	324
325	325	(b) An employment agency may not: 27
326	326
327	327	(1) fail or refuse to refer for employment or otherwise discriminate against 28
328	328	any individual because of the individual’s race, color, religion, sex, age, national origin, 29
329	329	marital status, sexual orientation, gender identity, CRIMINAL RECORD , or disability 30
330	330	unrelated in nature and extent so as to reasonably preclude the performance of the 31
331	331	employment; or 32
332	332	8 SENATE BILL 964
333	333
334	334
335	335	(2) classify or refer for employment any individual on the basis of the 1
336	336	individual’s race, color, religion, sex, age, national origin, marital status, sexual 2
337	337	orientation, gender identity, CRIMINAL RECORD , or disability unrelated in nature and 3
338	338	extent so as to reasonably preclude the performance of the employment. 4
339	339
340	340	(c) A labor organization may not: 5
341	341
342	342	(1) exclude or expel from its membership, or otherwise discriminate 6
343	343	against, any individual because of the individual’s race, color, religion, sex, age, national 7
344	344	origin, marital status, sexual orientation, gender identity, CRIMINAL RECORD , or 8
345	345	disability unrelated in nature and extent so as to reasonably preclude the performance of 9
346	346	the employment; 10
347	347
348	348	(2) limit, segregate, or classify its membership, or classify or fail or refuse 11
349	349	to refer for employment any individual, in any way that would deprive or tend to deprive 12
350	350	the individual of employment opportunities, limit the individual’s employment 13
351	351	opportunities, or otherwise adversely affect the individual’s status as an employee or as an 14
352	352	applicant for employment because of the individual’s race, color, religion, sex, age, national 15
353	353	origin, marital status, sexual orientation, gender identity, CRIMINAL RECORD , or 16
354	354	disability unrelated in nature and extent so as to reasonably preclude the performance of 17
355	355	the employment; or 18
356	356
357	357	(3) cause or attempt to cause an employer to discriminate against an 19
358	358	individual in violation of this section. 20
359	359
360	360	(d) An employer, labor organization, or joint labor–management committee 21
361	361	controlling apprenticeship or other training or retraining programs, including on–the–job 22
362	362	training programs, may not discriminate against any individual in admission to, or 23
363	363	employment in, any program established to provide apprenticeship or other training or 24
364	364	retraining because of the individual’s race, color, religion, sex, age, national origin, marital 25
365	365	status, sexual orientation, gender identity, CRIMINAL RECORD , or disability unrelated in 26
366	366	nature and extent so as to reasonably preclude the performance of the employment. 27
367	367
368	368	(e) (1) Except as provided in paragraph (2) of this subsection, an employer, 28
369	369	labor organization, or employment agency may not print or cause to be printed or published 29
370	370	any notice or advertisement relating to employment by the employer, membership in or any 30
371	371	classification or referral for employment by the labor organization, or any classification or 31
372	372	referral for employment by the employment agency that indicates any preference, 32
373	373	limitation, specification, or discrimination based on race, color, religion, sex, age, national 33
374	374	origin, marital status, sexual orientation, gender identity, CRIMINAL RECORD , or 34
375	375	disability. 35
376	376
377	377	(2) A notice or advertisement may indicate a preference, limitation, 36
378	378	specification, or discrimination based on religion, sex, age, national origin, marital status, 37
379	379	or disability if religion, sex, age, national origin, marital status, or disability is a bona fide 38
380	380	occupational qualification for employment. 39
381	381	SENATE BILL 964 9
382	382
383	383
384	384	20–610. 1
385	385
386	386	(b) An employer may not: 2
387	387
388	388	(1) fail or refuse to offer an internship, terminate an internship, or 3
389	389	otherwise discriminate against an individual with respect to the terms, conditions, or 4
390	390	privileges of an internship because of the individual’s race, color, religion, sex, age, national 5
391	391	origin, marital status, sexual orientation, gender identity, CRIMINAL RECORD , or 6
392	392	disability unrelated in nature and extent so as to reasonably preclude the performance of 7
393	393	the internship; 8
394	394
395	395	(2) limit, segregate, or classify its interns or applicants for internships in 9
396	396	any way that would deprive or tend to deprive any individual of internship opportunities 10
397	397	or otherwise adversely affect the individual’s status as an intern because of the individual’s 11
398	398	race, color, religion, sex, age, national origin, marital status, sexual orientation, gender 12
399	399	identity, CRIMINAL RECORD , or disability unrelated in nature and extent so as to 13
400	400	reasonably preclude the performance of the internship; 14
401	401
402	402	(c) (1) Except as provided in paragraph (2) of this subsection, an employer may 15
403	403	not print or cause to be printed or published any notice or advertisement relating to an 16
404	404	internship with the employer that indicates any preference, limitation, specification, or 17
405	405	discrimination based on race, color, religion, sex, age, national origin, marital status, sexual 18
406	406	orientation, gender identity, CRIMINAL RECORD , or disability. 19
407	407
408	408	(2) A notice or an advertisement may indicate a preference, limitation, 20
409	409	specification, or discrimination based on religion, sex, age, national origin, marital status, 21
410	410	or disability if religion, sex, age, national origin, marital status, CRIMINAL RECORD , or 22
411	411	disability is a bona fide occupational qualification for the internship. 23
412	412
413	413	20–702. 24
414	414
415	415	(a) It is the policy of the State: 25
416	416
417	417	(1) to provide for fair housing throughout the State to all, regardless of 26
418	418	race, color, religion, sex, familial status, national origin, marital status, sexual orientation, 27
419	419	gender identity, disability, CRIMINAL RECORD, or source of income; and 28
420	420
421	421	(2) to that end, to prohibit discriminatory practices with respect to 29
422	422	residential housing by any person, in order to protect and ensure the peace, health, safety, 30
423	423	prosperity, and general welfare of all. 31
424	424
425	425	20–703. 32
426	426
427	427	This subtitle does not: 33
428	428	10 SENATE BILL 964
429	429
430	430
431	431	(1) invalidate or limit any local law that requires dwellings to be designed 1
432	432	and constructed in a manner that affords an individual with a disability greater access than 2
433	433	is required by § 20–706(b) of this subtitle; 3
434	434
435	435	(2) limit the applicability of any reasonable local, State, or federal 4
436	436	restrictions regarding the maximum number of occupants allowed to occupy a dwelling; 5
437	437
438	438	(3) prohibit the State or a local government from enacting standards that 6
439	439	govern the location of group homes, as defined in § 4–601 of the Housing and Community 7
440	440	Development Article; 8
441	441
442	442	(4) affect the powers of any local government to enact an ordinance on any 9
443	443	subject covered by this subtitle, provided that the ordinance does not authorize any act that 10
444	444	would be a discriminatory housing practice under this subtitle; 11
445	445
446	446	(5) require that a dwelling be made available to an individual whose 12
447	447	tenancy would: 13
448	448
449	449	(i) constitute a direct threat to the health or safety of other 14
450	450	individuals; or 15
451	451
452	452	(ii) result in substantial physical damage to the property of others; 16
453	453
454	454	(6) prohibit conduct against a person because the person has been 17
455	455	convicted by a court of competent jurisdiction of the illegal manufacture or distribution of: 18
456	456
457	457	(i) a controlled dangerous substance, as defined in § 5–101 of the 19
458	458	Criminal Law Article; or 20
459	459
460	460	(ii) a controlled substance, as defined in 21 U.S.C. § 802; 21
461	461
462	462	(7) unless membership in the religion is restricted on the basis of race, 22
463	463	color, or national origin, prohibit a religious organization, association, or society or any 23
464	464	nonprofit institution or organization operated, supervised, or controlled by or in conjunction 24
465	465	with a religious organization, association, or society from giving preference or limiting the 25
466	466	sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial 26
467	467	purpose to persons of the same religion; or 27
468	468
469	469	(8) prohibit a private club that is not open to the public and that, as an 28
470	470	incident to its primary purpose or purposes, provides lodgings that it owns or operates for 29
471	471	other than a commercial purpose, from limiting the rental or occupancy of the dwellings to 30
472	472	its members or from giving preference to its members. 31
473	473
474	474	20–705. 32
475	475
476	476	Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: 33
477	477	SENATE BILL 964 11
478	478
479	479
480	480	(1) refuse to sell or rent after the making of a bona fide offer, refuse to 1
481	481	negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any 2
482	482	person because of race, color, religion, sex, disability, marital status, familial status, sexual 3
483	483	orientation, gender identity, national origin, CRIMINAL RECORD , or source of income; 4
484	484
485	485	(2) discriminate against any person in the terms, conditions, or privileges 5
486	486	of the sale or rental of a dwelling, or in the provision of services or facilities in connection 6
487	487	with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital 7
488	488	status, familial status, sexual orientation, gender identity, national origin, CRIMINAL 8
489	489	RECORD, or source of income; 9
490	490
491	491	(3) make, print, or publish, or cause to be made, printed, or published, any 10
492	492	notice, statement, or advertisement with respect to the sale or rental of a dwelling that 11
493	493	indicates any preference, limitation, or discrimination based on race, color, religion, sex, 12
494	494	disability, marital status, familial status, sexual orientation, gender identity, national 13
495	495	origin, CRIMINAL RECORD , or source of income, or an intention to make any preference, 14
496	496	limitation, or discrimination; 15
497	497
498	498	(4) represent to any person, because of race, color, religion, sex, disability, 16
499	499	marital status, familial status, sexual orientation, gender identity, national origin, 17
500	500	CRIMINAL RECORD , or source of income, that any dwelling is not available for inspection, 18
501	501	sale, or rental when the dwelling is available; or 19
502	502
503	503	(5) for profit, induce or attempt to induce any person to sell or rent any 20
504	504	dwelling by representations regarding the entry or prospective entry into the neighborhood 21
505	505	of a person of a particular race, color, religion, sex, disability, marital status, familial status, 22
506	506	sexual orientation, gender identity, national origin, or source of income OR WITH A 23
507	507	CRIMINAL RECORD . 24
508	508
509	509	20–707. 25
510	510
511	511	(b) (1) A person whose business includes engaging in residential real 26
512	512	estate–related transactions may not discriminate against any person in making available 27
513	513	a transaction, or in the terms or conditions of a transaction, because of race, color, religion, 28
514	514	sex, disability, marital status, familial status, sexual orientation, gender identity, national 29
515	515	origin, CRIMINAL RECORD , or source of income. 30
516	516
517	517	(2) Paragraph (1) of this subsection does not prohibit a person engaged in 31
518	518	the business of furnishing appraisals of real property from taking into consideration factors 32
519	519	other than race, color, religion, sex, disability, marital status, familial status, sexual 33
520	520	orientation, gender identity, national origin, CRIMINAL RECORD , or source of income. 34
521	521
522	522	(c) A person may not, because of race, color, religion, sex, disability, marital 35
523	523	status, familial status, sexual orientation, gender identity, national origin, CRIMINAL 36
524	524	RECORD, or source of income: 37
525	525	12 SENATE BILL 964
526	526
527	527
528	528	(1) deny a person access to, or membership or participation in, a 1
529	529	multiple–listing service, real estate brokers’ organization, or other service, organization, or 2
530	530	facility relating to the business of selling or renting dwellings; or 3
531	531
532	532	(2) discriminate against a person in the terms or conditions of membership 4
533	533	or participation. 5
534	534
535	535	20–1103. 6
536	536
537	537	(b) Whether or not acting under color of law, a person may not, by force or threat 7
538	538	of force, willfully injure, intimidate, interfere with, or attempt to injure, intimidate, or 8
539	539	interfere with: 9
540	540
541	541	(1) any person because of race, color, religion, sex, disability, marital 10
542	542	status, familial status, sexual orientation, gender identity, national origin, CRIMINAL 11
543	543	RECORD, or source of income and because the person is or has been: 12
544	544
545	545	(i) selling, purchasing, renting, financing, occupying, or contracting 13
546	546	or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling; or 14
547	547
548	548	(ii) applying for or participating in any service, organization, or 15
549	549	facility relating to the business of selling or renting dwellings; 16
550	550
551	551	(2) any person because the person is or has been, or in order to intimidate 17
552	552	the person or any other person or any class of persons from: 18
553	553
554	554	(i) participating, without discrimination on account of race, color, 19
555	555	religion, sex, disability, marital status, familial status, sexual orientation, gender identity, 20
556	556	national origin, CRIMINAL RECORD , or source of income, in any of the activities, services, 21
557	557	organizations, or facilities described in item (1) of this subsection; or 22
558	558
559	559	(ii) affording another person or class of persons the opportunity or 23
560	560	protection to participate in any of the activities, services, organizations, or facilities 24
561	561	described in item (1) of this subsection; or 25
562	562
563	563	(3) any person because the person is or has been, or in order to discourage 26
564	564	the person or any other person from: 27
565	565
566	566	(i) lawfully aiding or encouraging other persons to participate, 28
567	567	without discrimination on account of race, color, religion, sex, disability, marital status, 29
568	568	familial status, sexual orientation, gender identity, national origin, CRIMINAL RECORD , 30
569	569	or source of income, in any of the activities, services, organizations, or facilities described 31
570	570	in item (1) of this subsection; or 32
571	571
572	572	(ii) participating lawfully in speech or peaceful assembly opposing 33
573	573	any denial of the opportunity to participate in any of the activities, services, organizations, 34
574	574	or facilities described in item (1) of this subsection. 35 SENATE BILL 964 13
575	575
576	576
577	577
578	578	Article – State Personnel and Pensions 1
579	579
580	580	2–302. 2
581	581
582	582	(a) The State recognizes and honors the value and dignity of every person and 3
583	583	understands the importance of providing employees and applicants for employment with a 4
584	584	fair opportunity to pursue their careers in an environment free of discrimination or 5
585	585	harassment prohibited by law. 6
586	586
587	587	(b) (1) Except as provided in paragraph (2) of this subsection or by other law, 7
588	588	all personnel actions concerning a State employee or applicant for employment in State 8
589	589	government shall be made without regard to: 9
590	590
591	591	(i) age; 10
592	592
593	593	(ii) ancestry; 11
594	594
595	595	(iii) color; 12
596	596
597	597	(iv) creed; 13
598	598
599	599	(v) gender identity; 14
600	600
601	601	(vi) marital status; 15
602	602
603	603	(vii) mental or physical disability; 16
604	604
605	605	(viii) national origin; 17
606	606
607	607	(ix) race; 18
608	608
609	609	(x) religious affiliation, belief, or opinion; 19
610	610
611	611	(XI) CRIMINAL RECORD , AS DEFINED IN § 20–101 OF THE STATE 20
612	612	GOVERNMENT ARTICLE; 21
613	613
614	614	[(xi)] (XII) sex; or 22
615	615
616	616	[(xii)] (XIII) sexual orientation. 23
617	617
618	618	(2) A personnel action may be taken with regard to age, sex, CRIMINAL 24
619	619	RECORD, or disability to the extent that age, sex, A QUALIFICATION RELA TING TO A 25
620	620	CRIMINAL RECORD , or A physical or mental qualification is required by law or is a bona 26
621	621	fide occupational qualification. 27
622	622	14 SENATE BILL 964
623	623
624	624
625	625	(c) (1) Each State employee is expected to assume personal responsibility and 1
626	626	leadership in ensuring fair employment practices and equal employment opportunity in 2
627	627	Maryland State government. 3
628	628
629	629	(2) Employment discrimination and harassment by State managers, 4
630	630	supervisors, or other employees is prohibited. 5
631	631
632	632	(3) A State employee who violates this subtitle is subject to disciplinary 6
633	633	action by the employee’s appointing authority, including the termination of State 7
634	634	employment. 8
635	635
636	636	(d) The Equal Employment Opportunity Program in Title 5, Subtitle 2 of this 9
637	637	article governs all employees of any unit in the Executive Branch of State government, 10
638	638	including a unit with an independent personnel system. 11
639	639
640	640	(e) (1) At least annually, the Secretary shall report on the Equal Employment 12
641	641	Opportunity Program established in § 5–202 of this article to the Joint Committee on Fair 13
642	642	Practices and State Personnel Oversight. 14
643	643
644	644	(2) The head of a personnel system in the Legislative and Judicial branches 15
645	645	may report periodically on equal employment opportunity programs and policies in effect 16
646	646	in that personnel system to the Joint Committee on Fair Practices and State Personnel 17
647	647	Oversight. 18
648	648
649	649	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
650	650	October 1, 2023. 20
651	651