EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0964*
SENATE BILL 964
D5 3lr3114
CF HB 1163
By: Senators Benson, Carter, and Muse
Introduced and read first time: February 27, 2023
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Human Relations – Protections Against Discrimination – Criminal Records 2
FOR the purpose of prohibiting discrimination based on an individual’s criminal record in 3
public accommodations, commercial leasing, housing, and employment and by 4
certain licensed or regulated persons; establishing certain exceptions to certain 5
prohibitions established under this Act; establishing that certain crimes are not 6
included in the definition of “criminal record” for the purposes of certain provisions 7
prohibiting discrimination; and generally relating to discrimination based on an 8
individual’s criminal record. 9
BY renumbering 10
Article – State Government 11
Section 20–101(d) through (i) 12
to be Section 20–101(e) through (j), respectively 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2022 Supplement) 15
BY adding to 16
Article – State Government 17
Section 20–101(d) 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2022 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – State Government 22
Section 20–301, 20–601(a), and 20–703 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2022 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – State Government 27 2 SENATE BILL 964
Section 20–302, 20–304, 20–401, 20–402, 20–501, 20–601(h), 20–602, 20–603, 1
20–604, 20–605(a)(1), 20–606(a) through (e), 20–610(b)(1) and (2) and (c), 2
20–702(a), 20–705, 20–707(b) and (c), and 20–1103(b) 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2022 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – State Personnel and Pensions 7
Section 2–302 8
Annotated Code of Maryland 9
(2015 Replacement Volume and 2022 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That Section(s) 20–101(d) through (i) of Article – State Government of the Annotated Code 12
of Maryland be renumbered to be Section(s) 20–101(e) through (j), respectively. 13
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 14
as follows: 15
Article – State Government 16
20–101. 17
(D) (1) “CRIMINAL RECORD ” MEANS: 18
(I) AN ARREST; 19
(II) A PLEA OR VERDICT OF GUILTY; 20
(III) A PLEA OF NOLO CONTE NDERE; 21
(IV) THE MARKING OF A CHA RGE “STET” ON THE DOCKET ; 22
(V) A DISPOSITION OF PRO BATION BEFORE JUDGME NT; OR 23
(VI) A DISPOSITION OF NOT CRIMINALLY RESPONSIB LE. 24
(2) “CRIMINAL RECORD ” DOES NOT INCLUDE : 25
(I) AN ARREST OR DISPOSI TION LISTED IN PARAG RAPH (1) OF 26
THIS SUBSECTION IF T HE CRIME WAS COMMITT ED AGAINST A MINOR ; OR 27
(II) THE REGISTRATION STA TUS OF AN INDIV IDUAL ON THE 28
MARYLAND SEX OFFENDER REGISTRY. 29
SENATE BILL 964 3
20–301. 1
In this subtitle, “place of public accommodation” means: 2
(1) an inn, hotel, motel, or other establishment that provides lodging to 3
transient guests; 4
(2) a restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or 5
other facility principally engaged in selling food or alcoholic beverages for consumption on 6
or off the premises, including a facility located on the premises of a retail establishment or 7
gasoline station; 8
(3) a motion picture house, theater, concert hall, sports arena, stadium, or 9
other place of exhibition or entertainment; 10
(4) a retail establishment that: 11
(i) is operated by a public or private entity; and 12
(ii) offers goods, services, entertainment, recreation, or 13
transportation; or 14
(5) an establishment: 15
(i) 1. that is physically located within the premises of any other 16
establishment covered by this subtitle; or 17
2. within the premises of which any other establishment 18
covered by this subtitle is physically located; and 19
(ii) that holds itself out as serving patrons of the covered 20
establishment. 21
20–302. 22
This subtitle does not prohibit the proprietor or employees of any establishment from 23
denying service to any person for failure to conform to the usual and regular requirements, 24
standards, and regulations of the establishment, provided that the denial is not based on 25
discrimination on the grounds of race, sex, age, color, creed, national origin, marital status, 26
sexual orientation, gender identity, CRIMINAL RECORD , or disability. 27
20–304. 28
An owner or operator of a place of public accommodation or an agent or employee of 29
the owner or operator may not refuse, withhold from, or deny to any person any of the 30
accommodations, advantages, facilities, or privileges of the place of public accommodation 31 4 SENATE BILL 964
because of the person’s race, sex, age, color, creed, national origin, marital status, sexual 1
orientation, gender identity, CRIMINAL RECORD , or disability. 2
20–401. 3
This subtitle does not prohibit any person that is licensed or regulated by the 4
Maryland Department of Labor from refusing, withholding from, or denying 5
accommodations, advantages, facilities, privileges, sales, or services to any person for 6
failure to conform to the usual and regular requirements, standards, and regulations of the 7
licensed or regulated person, provided that the denial is not based on discrimination on the 8
grounds of race, sex, color, creed, national origin, marital status, sexual orientation, age, 9
gender identity, CRIMINAL RECORD, or disability. 10
20–402. 11
A person that is licensed or regulated by a unit in the Maryland Department of Labor 12
listed in § 2–108 of the Business Regulation Article may not refuse, withhold from, or deny 13
any person any of the accommodations, advantages, facilities, privileges, sales, or services 14
of the licensed or regulated person or discriminate against any person because of the 15
person’s race, sex, creed, color, national origin, marital status, sexual orientation, age, 16
gender identity, CRIMINAL RECORD , or disability. 17
20–501. 18
An owner or operator of commercial property, an agent or employee of the owner or 19
operator of commercial property, or a person that is licensed or regulated by the State may 20
not discriminate against an individual in the terms, conditions, or privileges of the leasing 21
of property for commercial use, or in the provision of services or facilities in connection with 22
the leasing of property for commercial use, because of the individual’s race, color, religion, 23
sex, age, disability, marital status, sexual orientation, gender identity, CRIMINAL 24
RECORD, or national origin. 25
20–601. 26
(a) In this subtitle the following words have the meanings indicated. 27
(h) “Harassment” includes: 28
(1) unwelcome and offensive conduct, which need not be severe or 29
pervasive, when: 30
(i) the conduct is based on race, color, religion, ancestry or national 31
origin, sex, age, marital status, sexual orientation, gender identity, CRIMINAL RECORD , 32
or disability; and 33
SENATE BILL 964 5
(ii) 1. submission to the conduct is made either explicitly or 1
implicitly a term or condition of employment of an individual; 2
2. submission to or rejection of the conduct is used as a basis 3
for employment decisions affecting the individual; or 4
3. based on the totality of the circumstances, the conduct 5
unreasonably creates a working environment that a reasonable person would perceive to 6
be abusive or hostile; and 7
(2) sexual harassment. 8
20–602. 9
It is the policy of the State, in the exercise of its police power for the protection of the 10
public safety, public health, and general welfare, for the maintenance of business and good 11
government, and for the promotion of the State’s trade, commerce, and manufacturers: 12
(1) to assure all persons equal opportunity in receiving employment and in 13
all labor management–union relations, regardless of race, color, religion, ancestry or 14
national origin, sex, age, marital status, sexual orientation, gender identity, CRIMINAL 15
RECORD, or disability unrelated in nature and extent so as to reasonably preclude the 16
performance of the employment; and 17
(2) to that end, to prohibit discrimination in employment by any person. 18
20–603. 19
This subtitle does not require: 20
(1) an employer, employment agency, labor organization, or joint 21
labor–management committee subject to this subtitle to grant preferential treatment to 22
any individual or group on the basis of the race, color, religion, sex, age, national origin, 23
gender identity, sexual orientation, CRIMINAL RECORD , or disability of the individual or 24
group because an imbalance may exist with respect to the total number or percentage of 25
individuals of any race, color, religion, sex, age, national origin, gender identity, CRIMINAL 26
RECORD, or sexual orientation or individuals with disabilities employed by the employer, 27
referred or classified for employment by the employment agency or labor organization, 28
admitted to membership or classified by the labor organization, or admitted to, or employed 29
in, any apprenticeship or other training program, compared to the total number or 30
percentage of individuals of that race, color, religion, sex, age, national origin, CRIMINAL 31
RECORD, gender identity, or sexual orientation or individuals with disabilities in the State 32
or any community, section, or other area, or in the available work force in the State or any 33
community, section, or other area; or 34
6 SENATE BILL 964
(2) an employer to reasonably accommodate an employee’s religion or 1
disability, or an applicant for employment’s disability, if the accommodation would cause 2
undue hardship on the conduct of the employer’s business. 3
20–604. 4
(A) This subtitle does not apply to: 5
(1) an employer with respect to the employment of aliens outside of the 6
State; or 7
(2) a religious corporation, association, educational institution, or society 8
with respect to the employment of individuals of a particular religion, sexual orientation, 9
or gender identity OR WITH A CRIMINAL RECORD to perform work connected with the 10
activities of the religious entity. 11
(B) THIS SUBTITLE DOES NO T: 12
(1) PROHIBIT AN EMPLOYER FROM MAKING AN INQUI RY OR TAKING 13
OTHER ACTION THAT TH E EMPLOYER IS REQUIR ED TO TAKE OR IS EXP RESSLY 14
AUTHORIZED TO TAKE B Y ANOTHER APPLICABLE FEDERAL OR STATE LAW 15
REGARDING A CRIMINAL RECORD; OR 16
(2) APPLY TO AN EMPLOYER THAT PROVIDES PROGRAMS , SERVICES, 17
OR DIRECT CARE TO MI NORS OR TO VULNERABL E ADULTS. 18
(C) THIS SUBTITLE MAY NOT BE CONSTRUED TO PREE MPT A LOCAL 19
JURISDICTION FROM EN ACTING OR ENFORCING A LAW THAT IS MORE R ESTRICTIVE 20
WITH RESPECT TO CRIM INAL RECORD SCREENIN G PRACTICES OF EMPLOYERS IN 21
THE LOCAL JURISDICTI ON. 22
20–605. 23
(a) Notwithstanding any other provision of this subtitle, this subtitle does not 24
prohibit: 25
(1) an employer from hiring and employing employees, an employment 26
agency from classifying or referring for employment any individual, a labor organization 27
from classifying its membership or classifying or referring for employment any individual, 28
or an employer, labor organization, or joint labor–management committee controlling 29
apprenticeship or other training or retraining programs from admitting or employing any 30
individual in a program, on the basis of the individual’s sex, age, religion, national origin, 31
CRIMINAL RECORD , or disability, if sex, age, religion, national origin, CRIMINAL 32
RECORD, or disability is a bona fide occupational qualification reasonably necessary to the 33
normal operation of that business or enterprise; 34 SENATE BILL 964 7
20–606. 1
(a) An employer may not: 2
(1) fail or refuse to hire, discharge, or otherwise discriminate against any 3
individual with respect to the individual’s compensation, terms, conditions, or privileges of 4
employment because of: 5
(i) the individual’s race, color, religion, sex, age, national origin, 6
marital status, sexual orientation, gender identity, genetic information, CRIMINAL 7
RECORD, or disability unrelated in nature and extent so as to reasonably preclude the 8
performance of the employment; or 9
(ii) the individual’s refusal to submit to a genetic test or make 10
available the results of a genetic test; 11
(2) limit, segregate, or classify its employees or applicants for employment 12
in any way that would deprive or tend to deprive any individual of employment 13
opportunities or otherwise adversely affect the individual’s status as an employee because 14
of: 15
(i) the individual’s race, color, religion, sex, age, national origin, 16
marital status, sexual orientation, gender identity, genetic information, CRIMINAL 17
RECORD, or disability unrelated in nature and extent so as to reasonably preclude the 18
performance of the employment; or 19
(ii) the individual’s refusal to submit to a genetic test or make 20
available the results of a genetic test; 21
(3) request or require genetic tests or genetic information as a condition of 22
hiring or determining benefits; 23
(4) fail or refuse to make a reasonable accommodation for the known 24
disability of an otherwise qualified employee or an applicant for employment; or 25
(5) engage in harassment of an employee. 26
(b) An employment agency may not: 27
(1) fail or refuse to refer for employment or otherwise discriminate against 28
any individual because of the individual’s race, color, religion, sex, age, national origin, 29
marital status, sexual orientation, gender identity, CRIMINAL RECORD , or disability 30
unrelated in nature and extent so as to reasonably preclude the performance of the 31
employment; or 32
8 SENATE BILL 964
(2) classify or refer for employment any individual on the basis of the 1
individual’s race, color, religion, sex, age, national origin, marital status, sexual 2
orientation, gender identity, CRIMINAL RECORD , or disability unrelated in nature and 3
extent so as to reasonably preclude the performance of the employment. 4
(c) A labor organization may not: 5
(1) exclude or expel from its membership, or otherwise discriminate 6
against, any individual because of the individual’s race, color, religion, sex, age, national 7
origin, marital status, sexual orientation, gender identity, CRIMINAL RECORD , or 8
disability unrelated in nature and extent so as to reasonably preclude the performance of 9
the employment; 10
(2) limit, segregate, or classify its membership, or classify or fail or refuse 11
to refer for employment any individual, in any way that would deprive or tend to deprive 12
the individual of employment opportunities, limit the individual’s employment 13
opportunities, or otherwise adversely affect the individual’s status as an employee or as an 14
applicant for employment because of the individual’s race, color, religion, sex, age, national 15
origin, marital status, sexual orientation, gender identity, CRIMINAL RECORD , or 16
disability unrelated in nature and extent so as to reasonably preclude the performance of 17
the employment; or 18
(3) cause or attempt to cause an employer to discriminate against an 19
individual in violation of this section. 20
(d) An employer, labor organization, or joint labor–management committee 21
controlling apprenticeship or other training or retraining programs, including on–the–job 22
training programs, may not discriminate against any individual in admission to, or 23
employment in, any program established to provide apprenticeship or other training or 24
retraining because of the individual’s race, color, religion, sex, age, national origin, marital 25
status, sexual orientation, gender identity, CRIMINAL RECORD , or disability unrelated in 26
nature and extent so as to reasonably preclude the performance of the employment. 27
(e) (1) Except as provided in paragraph (2) of this subsection, an employer, 28
labor organization, or employment agency may not print or cause to be printed or published 29
any notice or advertisement relating to employment by the employer, membership in or any 30
classification or referral for employment by the labor organization, or any classification or 31
referral for employment by the employment agency that indicates any preference, 32
limitation, specification, or discrimination based on race, color, religion, sex, age, national 33
origin, marital status, sexual orientation, gender identity, CRIMINAL RECORD , or 34
disability. 35
(2) A notice or advertisement may indicate a preference, limitation, 36
specification, or discrimination based on religion, sex, age, national origin, marital status, 37
or disability if religion, sex, age, national origin, marital status, or disability is a bona fide 38
occupational qualification for employment. 39
SENATE BILL 964 9
20–610. 1
(b) An employer may not: 2
(1) fail or refuse to offer an internship, terminate an internship, or 3
otherwise discriminate against an individual with respect to the terms, conditions, or 4
privileges of an internship because of the individual’s race, color, religion, sex, age, national 5
origin, marital status, sexual orientation, gender identity, CRIMINAL RECORD , or 6
disability unrelated in nature and extent so as to reasonably preclude the performance of 7
the internship; 8
(2) limit, segregate, or classify its interns or applicants for internships in 9
any way that would deprive or tend to deprive any individual of internship opportunities 10
or otherwise adversely affect the individual’s status as an intern because of the individual’s 11
race, color, religion, sex, age, national origin, marital status, sexual orientation, gender 12
identity, CRIMINAL RECORD , or disability unrelated in nature and extent so as to 13
reasonably preclude the performance of the internship; 14
(c) (1) Except as provided in paragraph (2) of this subsection, an employer may 15
not print or cause to be printed or published any notice or advertisement relating to an 16
internship with the employer that indicates any preference, limitation, specification, or 17
discrimination based on race, color, religion, sex, age, national origin, marital status, sexual 18
orientation, gender identity, CRIMINAL RECORD , or disability. 19
(2) A notice or an advertisement may indicate a preference, limitation, 20
specification, or discrimination based on religion, sex, age, national origin, marital status, 21
or disability if religion, sex, age, national origin, marital status, CRIMINAL RECORD , or 22
disability is a bona fide occupational qualification for the internship. 23
20–702. 24
(a) It is the policy of the State: 25
(1) to provide for fair housing throughout the State to all, regardless of 26
race, color, religion, sex, familial status, national origin, marital status, sexual orientation, 27
gender identity, disability, CRIMINAL RECORD, or source of income; and 28
(2) to that end, to prohibit discriminatory practices with respect to 29
residential housing by any person, in order to protect and ensure the peace, health, safety, 30
prosperity, and general welfare of all. 31
20–703. 32
This subtitle does not: 33
10 SENATE BILL 964
(1) invalidate or limit any local law that requires dwellings to be designed 1
and constructed in a manner that affords an individual with a disability greater access than 2
is required by § 20–706(b) of this subtitle; 3
(2) limit the applicability of any reasonable local, State, or federal 4
restrictions regarding the maximum number of occupants allowed to occupy a dwelling; 5
(3) prohibit the State or a local government from enacting standards that 6
govern the location of group homes, as defined in § 4–601 of the Housing and Community 7
Development Article; 8
(4) affect the powers of any local government to enact an ordinance on any 9
subject covered by this subtitle, provided that the ordinance does not authorize any act that 10
would be a discriminatory housing practice under this subtitle; 11
(5) require that a dwelling be made available to an individual whose 12
tenancy would: 13
(i) constitute a direct threat to the health or safety of other 14
individuals; or 15
(ii) result in substantial physical damage to the property of others; 16
(6) prohibit conduct against a person because the person has been 17
convicted by a court of competent jurisdiction of the illegal manufacture or distribution of: 18
(i) a controlled dangerous substance, as defined in § 5–101 of the 19
Criminal Law Article; or 20
(ii) a controlled substance, as defined in 21 U.S.C. § 802; 21
(7) unless membership in the religion is restricted on the basis of race, 22
color, or national origin, prohibit a religious organization, association, or society or any 23
nonprofit institution or organization operated, supervised, or controlled by or in conjunction 24
with a religious organization, association, or society from giving preference or limiting the 25
sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial 26
purpose to persons of the same religion; or 27
(8) prohibit a private club that is not open to the public and that, as an 28
incident to its primary purpose or purposes, provides lodgings that it owns or operates for 29
other than a commercial purpose, from limiting the rental or occupancy of the dwellings to 30
its members or from giving preference to its members. 31
20–705. 32
Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: 33
SENATE BILL 964 11
(1) refuse to sell or rent after the making of a bona fide offer, refuse to 1
negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any 2
person because of race, color, religion, sex, disability, marital status, familial status, sexual 3
orientation, gender identity, national origin, CRIMINAL RECORD , or source of income; 4
(2) discriminate against any person in the terms, conditions, or privileges 5
of the sale or rental of a dwelling, or in the provision of services or facilities in connection 6
with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital 7
status, familial status, sexual orientation, gender identity, national origin, CRIMINAL 8
RECORD, or source of income; 9
(3) make, print, or publish, or cause to be made, printed, or published, any 10
notice, statement, or advertisement with respect to the sale or rental of a dwelling that 11
indicates any preference, limitation, or discrimination based on race, color, religion, sex, 12
disability, marital status, familial status, sexual orientation, gender identity, national 13
origin, CRIMINAL RECORD , or source of income, or an intention to make any preference, 14
limitation, or discrimination; 15
(4) represent to any person, because of race, color, religion, sex, disability, 16
marital status, familial status, sexual orientation, gender identity, national origin, 17
CRIMINAL RECORD , or source of income, that any dwelling is not available for inspection, 18
sale, or rental when the dwelling is available; or 19
(5) for profit, induce or attempt to induce any person to sell or rent any 20
dwelling by representations regarding the entry or prospective entry into the neighborhood 21
of a person of a particular race, color, religion, sex, disability, marital status, familial status, 22
sexual orientation, gender identity, national origin, or source of income OR WITH A 23
CRIMINAL RECORD . 24
20–707. 25
(b) (1) A person whose business includes engaging in residential real 26
estate–related transactions may not discriminate against any person in making available 27
a transaction, or in the terms or conditions of a transaction, because of race, color, religion, 28
sex, disability, marital status, familial status, sexual orientation, gender identity, national 29
origin, CRIMINAL RECORD , or source of income. 30
(2) Paragraph (1) of this subsection does not prohibit a person engaged in 31
the business of furnishing appraisals of real property from taking into consideration factors 32
other than race, color, religion, sex, disability, marital status, familial status, sexual 33
orientation, gender identity, national origin, CRIMINAL RECORD , or source of income. 34
(c) A person may not, because of race, color, religion, sex, disability, marital 35
status, familial status, sexual orientation, gender identity, national origin, CRIMINAL 36
RECORD, or source of income: 37
12 SENATE BILL 964
(1) deny a person access to, or membership or participation in, a 1
multiple–listing service, real estate brokers’ organization, or other service, organization, or 2
facility relating to the business of selling or renting dwellings; or 3
(2) discriminate against a person in the terms or conditions of membership 4
or participation. 5
20–1103. 6
(b) Whether or not acting under color of law, a person may not, by force or threat 7
of force, willfully injure, intimidate, interfere with, or attempt to injure, intimidate, or 8
interfere with: 9
(1) any person because of race, color, religion, sex, disability, marital 10
status, familial status, sexual orientation, gender identity, national origin, CRIMINAL 11
RECORD, or source of income and because the person is or has been: 12
(i) selling, purchasing, renting, financing, occupying, or contracting 13
or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling; or 14
(ii) applying for or participating in any service, organization, or 15
facility relating to the business of selling or renting dwellings; 16
(2) any person because the person is or has been, or in order to intimidate 17
the person or any other person or any class of persons from: 18
(i) participating, without discrimination on account of race, color, 19
religion, sex, disability, marital status, familial status, sexual orientation, gender identity, 20
national origin, CRIMINAL RECORD , or source of income, in any of the activities, services, 21
organizations, or facilities described in item (1) of this subsection; or 22
(ii) affording another person or class of persons the opportunity or 23
protection to participate in any of the activities, services, organizations, or facilities 24
described in item (1) of this subsection; or 25
(3) any person because the person is or has been, or in order to discourage 26
the person or any other person from: 27
(i) lawfully aiding or encouraging other persons to participate, 28
without discrimination on account of race, color, religion, sex, disability, marital status, 29
familial status, sexual orientation, gender identity, national origin, CRIMINAL RECORD , 30
or source of income, in any of the activities, services, organizations, or facilities described 31
in item (1) of this subsection; or 32
(ii) participating lawfully in speech or peaceful assembly opposing 33
any denial of the opportunity to participate in any of the activities, services, organizations, 34
or facilities described in item (1) of this subsection. 35 SENATE BILL 964 13
Article – State Personnel and Pensions 1
2–302. 2
(a) The State recognizes and honors the value and dignity of every person and 3
understands the importance of providing employees and applicants for employment with a 4
fair opportunity to pursue their careers in an environment free of discrimination or 5
harassment prohibited by law. 6
(b) (1) Except as provided in paragraph (2) of this subsection or by other law, 7
all personnel actions concerning a State employee or applicant for employment in State 8
government shall be made without regard to: 9
(i) age; 10
(ii) ancestry; 11
(iii) color; 12
(iv) creed; 13
(v) gender identity; 14
(vi) marital status; 15
(vii) mental or physical disability; 16
(viii) national origin; 17
(ix) race; 18
(x) religious affiliation, belief, or opinion; 19
(XI) CRIMINAL RECORD , AS DEFINED IN § 20–101 OF THE STATE 20
GOVERNMENT ARTICLE; 21
[(xi)] (XII) sex; or 22
[(xii)] (XIII) sexual orientation. 23
(2) A personnel action may be taken with regard to age, sex, CRIMINAL 24
RECORD, or disability to the extent that age, sex, A QUALIFICATION RELA TING TO A 25
CRIMINAL RECORD , or A physical or mental qualification is required by law or is a bona 26
fide occupational qualification. 27
14 SENATE BILL 964
(c) (1) Each State employee is expected to assume personal responsibility and 1
leadership in ensuring fair employment practices and equal employment opportunity in 2
Maryland State government. 3
(2) Employment discrimination and harassment by State managers, 4
supervisors, or other employees is prohibited. 5
(3) A State employee who violates this subtitle is subject to disciplinary 6
action by the employee’s appointing authority, including the termination of State 7
employment. 8
(d) The Equal Employment Opportunity Program in Title 5, Subtitle 2 of this 9
article governs all employees of any unit in the Executive Branch of State government, 10
including a unit with an independent personnel system. 11
(e) (1) At least annually, the Secretary shall report on the Equal Employment 12
Opportunity Program established in § 5–202 of this article to the Joint Committee on Fair 13
Practices and State Personnel Oversight. 14
(2) The head of a personnel system in the Legislative and Judicial branches 15
may report periodically on equal employment opportunity programs and policies in effect 16
in that personnel system to the Joint Committee on Fair Practices and State Personnel 17
Oversight. 18
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2023. 20