Maryland 2024 Regular Session

Maryland House Bill HB368 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		hb0368
9	6
10	7		HOUSE BILL 368
11	8		D5 4lr1920
12		-	HB 285/11 – HGO CF SB 666
13		-	By: Delegate Cullison Delegates Cullison, Alston, Bagnall, Bhandari, Guzzone,
14		-	Hill, S. Johnson, Kaiser, Kerr, R. Lewis, Lopez, Martinez, Pena–Melnyk,
15		-	Rosenberg, Taveras, White Holland, and Woods
	9	+	HB 285/11 – HGO
	10	+	By: Delegate Cullison
16	11		Introduced and read first time: January 17, 2024
17	12		Assigned to: Health and Government Operations
18		-	Committee Report: Favorable with amendments
19		-	House action: Adopted
20		-	Read second time: February 21, 2024
21	13
22		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
23	15
24	16		AN ACT concerning 1
25	17
26	18		Human Relations – Discrimination by a Place of Public Accomm odation 2
27		-	Maryland Commission on Civil Rights – Monetary Relief 3
28	19
29		-	FOR the purpose of authorizing certain persons or the Commission on Civil Rights to elect 4
30		-	to have the claims asserted in a certain complaint alleging discrimination by a place 5
31		-	of public accommodation determined in a civil action brought by the Commission 6
32		-	under certain circumstances; requiring a civil action brought by the Commission to 7
33		-	be filed within a certain time period after an election; expanding the remedies 8
34		-	available for discrimination by a place of public accommodation; clarifying the 9
35		-	remedies available for an unlawful employment practice; repealing a prohibition 10
36		-	against issuing certain orders affecting the cost, level, or type of any transportation 11
37		-	services; authorizing a complainant alleging discrimination by a place of public 12
38		-	accommodation to bring a civil action under certain circumstances; providing for the 13
39		-	venue of and remedies in a certain civil action; repealing the authority of the 14
40		-	Commission to seek an order assessing a civil penalty for discrimination by a place 15
41		-	of public accommodation; and generally relating to enforcement and remedies for 16
42		-	discrimination by a place of public accommodation altering certain maximum 17
43		-	amounts of monetary relief the Maryland Commission on Civil Rights is authorized 18
44		-	to award if the Commission finds that a respondent has engaged in a discriminatory 19
45		-	act under certain provisions of law regarding public accommodations and persons 20
46		-	licensed or regulated by a certain unit in the Maryland Department of Labor; 21
47		-	providing that certain maximum amounts of monetary relief the Commission is 22
48		-	authorized to award do not apply under certain circumstances; prohibiting the 23 2 HOUSE BILL 368
	20	+	FOR the purpose of authorizing certain persons or the Commission on Civil Rights to elect 3
	21	+	to have the claims asserted in a certain complaint alleging discrimination by a place 4
	22	+	of public accommodation determined in a civil action brought by the Commission 5
	23	+	under certain circumstances; requiring a civil action brought by the Commission to 6
	24	+	be filed within a certain time period after an election; expanding the remedies 7
	25	+	available for discrimination by a place of public accommodation; clarifying the 8
	26	+	remedies available for an unlawful employment practice; repealing a prohibition 9
	27	+	against issuing certain orders affecting the cost, level, or type of any transportation 10
	28	+	services; authorizing a complainant alleging discrimination by a place of public 11
	29	+	accommodation to bring a civil action under certain circumstances; providing for the 12
	30	+	venue of and remedies in a certain civil action; repealing the authority of the 13
	31	+	Commission to seek an order assessing a civil penalty for discrimination by a place 14
	32	+	of public accommodation; and generally relating to enforcement and remedies for 15
	33	+	discrimination by a place of public accommodation. 16
	34	+
	35	+	BY repealing and reenacting, with amendments, 17
	36	+	Article – State Government 18
	37	+	Section 20–1001, 20–1006(b), 20–1007(a) and (b), 20–1009, 20–1012(a) and (b), 19
	38	+	20–1013, and 20–1016(a) 20
	39	+	Annotated Code of Maryland 21
	40	+	(2021 Replacement Volume and 2023 Supplement) 22
	41	+
	42	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
	43	+	That the Laws of Maryland read as follows: 24
	44	+
	45	+	Article – State Government 25
	46	+
	47	+	20–1001. 26
	48	+	2 HOUSE BILL 368
49	49
50	50
51		-	Commission from awarding monetary relief to a respondent under certain 1
52		-	circumstances; requiring an administrative law judge to consider certain 2
53		-	information when determining the amount of monetary relief; and generally relating 3
54		-	to the Maryland Commission on Civil Rights and monetary relief. 4
	51	+	(A) In this part[, “unlawful] THE FOLLOWING WORDS HAVE THE MEANINGS 1
	52	+	INDICATED. 2
55	53
56		-	BY repealing and reenacting, without amendments, 5
57		-	Article – State Government 6
58		-	Section 20–304 and 20–402 7
59		-	Annotated Code of Maryland 8
60		-	(2021 Replacement Volume and 2023 Supplement) 9
	54	+	(B) “DISCRIMINATION BY A P LACE OF PUBLIC ACCOM MODATION” MEANS 3
	55	+	AN ACT THAT IS PROHI BITED UNDER § 20–304 OF THIS TITLE. 4
61	56
62		-	BY repealing and reenacting, with amendments, 10
63		-	Article – State Government 11
64		-	Section 20–1001, 20–1006(b), 20–1007(a) and (b), 20–1009, 20–1012(a) and (b), 12
65		-	20–1013, and 20–1016(a) 20–1016 13
66		-	Annotated Code of Maryland 14
67		-	(2021 Replacement Volume and 2023 Supplement) 15
	57	+	(C) “UNLAWFUL employment practice” means an act that is prohibited under § 5
	58	+	20–606 of this title. 6
68	59
69		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
70		-	That the Laws of Maryland read as follows: 17
	60	+	20–1006. 7
71	61
72		-	Article – State Government 18
	62	+	(b) The Executive Director of the Commission shall cause a written notice to be 8
	63	+	issued and served in the name of the Commission, together with a copy of the complaint, 9
	64	+	requiring the respondent to answer the charges of the complaint at a public hearing: 10
73	65
74		-	20–1001. 19
	66	+	(1) before an administrative law judge at a time and place certified in the 11
	67	+	notice; or 12
75	68
76		-	(A) In this part[, “unlawful] THE FOLLOWING WORDS HAVE THE MEANINGS 20
77		-	INDICATED. 21
	69	+	(2) if the complaint alleges an unlawful employment practice OR 13
	70	+	DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION , in a civil action elected 14
	71	+	under § 20–1007 of this subtitle. 15
78	72
79		-	(B) “DISCRIMINATION BY A P LACE OF PUBLIC ACCOM MODATION” MEANS 22
80		-	AN ACT THAT IS PROHI BITED UNDER § 20–304 OF THIS TITLE. 23
	73	+	20–1007. 16
81	74
82		-	(C) “UNLAWFUL employment practice” means an act that is prohibited under § 24
83		-	20–606 of this title. 25
	75	+	(a) (1) When a complaint alleging an unlawful employment practice OR 17
	76	+	DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION is issued and served under 18
	77	+	§ 20–1006 of this subtitle, a complainant or respondent may elect to have the claims 19
	78	+	asserted in the complaint determined in a civil action brought by the Commission on the 20
	79	+	complainant’s behalf, if: 21
84	80
85		-	20–1006. 26
	81	+	(i) the Commission has found probable cause to believe the 22
	82	+	respondent has engaged in or is engaging in an unlawful employment practice OR 23
	83	+	DISCRIMINATI ON BY A PLACE OF PUB LIC ACCOMMODATION ; and 24
86	84
87		-	(b) ~~The Executive Director of the Commission shall cause~~ a ~~written notice~~ to ~~be 27~~
88		-	~~issued and served in~~ the ~~name~~ of ~~the Commission,~~ ~~together with a copy of the complaint, 28~~
89		-	~~requiring the respondent to answer the charges of the complaint at a public hearing: 29~~
	85	+	(ii) there is a failure to reach an agreement to remedy and eliminate 25
	86	+	the unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 26
	87	+	ACCOMMODATION . 27
90	88
91		-	(1) before an administrative law judge at a time and place certified in the 30
92		-	notice; or 31
	89	+	(2) An election under paragraph (1) of this subsection shall be made within 28
	90	+	30 days after the complainant or respondent receives service under § 20–1006(b) of this 29
	91	+	subtitle. 30
93	92
94		-	(2) if the complaint alleges an unlawful employment practice OR 32
95		-	DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION , in a civil action elected 33
96		-	under § 20–1007 of this subtitle. 34 HOUSE BILL 368 3
	93	+	(3) If an election is not made under paragraph (1) of this subsection, the 31
	94	+	Commission shall provide an opportunity for a hearing as provided under § 20–1008(a) of 32
	95	+	this subtitle. 33
	96	+	HOUSE BILL 368 3
	97	+
	98	+
	99	+	(b) When a complaint alleging an unlawful employment practice OR 1
	100	+	DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION is issued and served under 2
	101	+	§ 20–1006 of this subtitle, the Commission may elect to have the claims asserted in the 3
	102	+	complaint determined in a civil action brought on the Commission’s own behalf, if: 4
	103	+
	104	+	(1) the Commission has found probable cause to believe the respondent has 5
	105	+	engaged in or is engaging in an unlawful employment practice OR DISCRIMINATION BY A 6
	106	+	PLACE OF PUBLIC ACCO MMODATION ; and 7
	107	+
	108	+	(2) there is a failure to reach an agreement to remedy and eliminate the 8
	109	+	unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 9
	110	+	ACCOMMODATION . 10
	111	+
	112	+	20–1009. 11
	113	+
	114	+	(a) If, after reviewing all of the evidence, the administrative law judge finds that 12
	115	+	the respondent has engaged in a discriminatory act, the administrative law judge shall: 13
	116	+
	117	+	(1) issue a decision and order stating the judge’s findings of fact and 14
	118	+	conclusions of law; and 15
	119	+
	120	+	(2) issue and cause to be served on the respondent an order requiring the 16
	121	+	respondent to: 17
	122	+
	123	+	(i) cease and desist from engaging in the discriminatory acts; and 18
	124	+
	125	+	(ii) take affirmative action to effectuate the purposes of the 19
	126	+	applicable subtitle of this title. 20
	127	+
	128	+	(b) (1) If the respondent is found to have engaged in or to be engaging in an 21
	129	+	unlawful employment practice charged in the complaint, the remedy may include: 22
	130	+
	131	+	(i) enjoining the respondent from engaging in the discriminatory 23
	132	+	act; 24
	133	+
	134	+	(ii) ordering appropriate affirmative relief, including the 25
	135	+	reinstatement or hiring of employees, with or without back pay; 26
	136	+
	137	+	(iii) awarding compensatory damages; [or] AND 27
	138	+
	139	+	(iv) ordering any other equitable relief that the administrative law 28
	140	+	judge considers appropriate. 29
	141	+
	142	+	(2) Compensatory damages awarded under this subsection are in addition 30
	143	+	to: 31
	144	+	4 HOUSE BILL 368
	145	+
	146	+
	147	+	(i) back pay or interest on back pay that the complainant may 1
	148	+	recover under any other provision of law; and 2
	149	+
	150	+	(ii) any other equitable relief that a complainant may recover under 3
	151	+	any other provision of law. 4
	152	+
	153	+	(3) The sum of the amount of compensatory damages awarded to each 5
	154	+	complainant under this subsection for future pecuniary losses, emotional pain, suffering, 6
	155	+	inconvenience, mental anguish, loss of enjoyment of life, or nonpecuniary losses, may not 7
	156	+	exceed: 8
	157	+
	158	+	(i) $50,000, if the respondent employs not fewer than 15 and not 9
	159	+	more than 100 employees in each of 20 or more calendar weeks in the current or preceding 10
	160	+	calendar year; 11
	161	+
	162	+	(ii) $100,000, if the respondent employs not fewer than 101 and not 12
	163	+	more than 200 employees in each of 20 or more calendar weeks in the current or preceding 13
	164	+	calendar year; 14
	165	+
	166	+	(iii) $200,000, if the respondent employs not fewer than 201 and not 15
	167	+	more than 500 employees in each of 20 or more calendar weeks in the current or preceding 16
	168	+	calendar year; and 17
	169	+
	170	+	(iv) $300,000, if the respondent employs not fewer than 501 18
	171	+	employees in each of 20 or more calendar weeks in the current or preceding calendar year. 19
	172	+
	173	+	(4) If back pay is awarded under paragraph (1) of this subsection, the 20
	174	+	award shall be reduced by any interim earnings or amounts earnable with reasonable 21
	175	+	diligence by the person discriminated against. 22
	176	+
	177	+	(5) In addition to any other relief authorized by this subsection, a 23
	178	+	complainant may recover back pay for up to 2 years preceding the filing of the complaint, 24
	179	+	where the unlawful employment practice that has occurred during the complaint filing 25
	180	+	period is similar or related to an unlawful employment practice with regard to 26
	181	+	discrimination in compensation that occurred outside the time for filing a complaint. 27
	182	+
	183	+	(C) IF THE RESPONDENT IS FOUND TO HAVE ENGAGE D IN OR TO BE 28
	184	+	ENGAGING IN DISCRIMI NATION BY A PLACE OF PUBLIC ACCOMMODATION AS 29
	185	+	CHARGED IN THE COMPL AINT, THE REMEDY MAY INCLU DE: 30
	186	+
	187	+	(1) ENJOINING THE RESPON DENT FROM ENGAGING IN THE 31
	188	+	DISCRIMINATORY ACT ; 32
	189	+
	190	+	(2) ORDERING APPROPRIATE AFFIRMATIVE RELIEF , INCLUDING THE 33
	191	+	PROVISION OF A REASO NABLE ACCOMMODATION ; 34
	192	+	HOUSE BILL 368 5
	193	+
	194	+
	195	+	(3) AWARDING COMPENSATOR Y DAMAGES FOR PECUNI ARY LOSSES, 1
	196	+	EMOTIONAL PAIN , SUFFERING, INCONVENIENCE , MENTAL ANGUISH, LOSS OF 2
	197	+	ENJOYMENT OF LIFE , AND OTHER NONPECUNIA RY LOSSES; AND 3
	198	+
	199	+	(4) ORDERING ANY OTHER E QUITABLE RELIEF THAT THE 4
	200	+	ADMINISTRATIVE LAW J UDGE CONSIDERS APPRO PRIATE. 5
	201	+
	202	+	[(c)] (D) (1) [(i) Except as provided in subparagraph (ii) of this paragraph, 6
	203	+	if] IF the respondent is found to have engaged in or to be engaging in a discriminatory act 7
	204	+	other than an unlawful employment practice OR DISCRIMINATION BY A PLACE OF 8
	205	+	PUBLIC ACCOMMODATION , in addition to an award of civil penalties as provided in § 9
	206	+	20–1016 of this subtitle, nonmonetary relief may be granted to the complainant. 10
	207	+
	208	+	[(ii) An order may not be issued that substantially affects the cost, 11
	209	+	level, or type of any transportation services.] 12
	210	+
	211	+	(2) (i) In cases involving transportation services that are supported 13
	212	+	fully or partially with funds from the Maryland Department of Transportation, an order 14
	213	+	may not be issued that would require costs, level, or type of transportation services different 15
	214	+	from or exceeding those required to meet U.S. Department of Transportation regulations 16
	215	+	adopted under 29 U.S.C. § 794. 17
	216	+
	217	+	(ii) An order issued in violation of subparagraph (i) of this paragraph 18
	218	+	is not enforceable under § 20–1011 of this subtitle. 19
	219	+
	220	+	[(d)] (E) If, after reviewing all of the evidence, the administrative law judge finds 20
	221	+	that the respondent has not engaged in an alleged discriminatory act, the administrative 21
	222	+	law judge shall: 22
	223	+
	224	+	(1) state findings of fact and conclusions of law; and 23
	225	+
	226	+	(2) issue an order dismissing the complaint. 24
	227	+
	228	+	[(e)] (F) Unless a timely appeal is filed with the Commission in accordance with 25
	229	+	the Commission’s regulations, a decision and order issued by the administrative law judge 26
	230	+	under this section shall become the final order of the Commission. 27
	231	+
	232	+	20–1012. 28
	233	+
	234	+	(a) Within 60 days after an election is made under § 20–1007 of this subtitle, the 29
	235	+	Commission shall file a civil action in the circuit court for the county where the alleged 30
	236	+	unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 31
	237	+	ACCOMMODATION occurred. 32
	238	+	6 HOUSE BILL 368
	239	+
	240	+
	241	+	(b) If the court finds that an unlawful employment practice OR DISCRIMINATION 1
	242	+	BY A PLACE OF PUBLIC ACCOMMODATION occurred, the court may provide the remedies 2
	243	+	specified in § 20–1009(b) OR (C) of this subtitle, AS APPROPRIATE . 3
	244	+
	245	+	20–1013. 4
	246	+
	247	+	(a) (1) In addition to the right to make an election under § 20–1007 of this 5
	248	+	subtitle, a complainant may bring a civil action against the respondent alleging an unlawful 6
	249	+	employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC AC COMMODATION , 7
	250	+	if: 8
	251	+
	252	+	(i) the complainant initially filed a timely administrative charge or 9
	253	+	a complaint under federal, State, or local law alleging an unlawful employment practice OR 10
	254	+	DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION by the respondent; 11
	255	+
	256	+	(ii) at least 180 days have elapsed since the filing of the 12
	257	+	administrative charge or complaint; and 13
	258	+
	259	+	(iii) 1. subject to item 2 of this item, the civil action is filed within 14
	260	+	2 years after the alleged unlawful employment practice OR DISCRIMINATION BY A PLACE 15
	261	+	OF PUBLIC ACCOMMODAT ION occurred; or 16
	262	+
	263	+	2. if the complaint is alleging harassment, the civil action is 17
	264	+	filed within 3 years after the alleged harassment occurred. 18
	265	+
	266	+	(2) The time limitations under paragraph (1)(iii) of this subsection shall be 19
	267	+	tolled while an administrative charge or complaint filed by the complainant under 20
	268	+	paragraph (1)(ii) is pending. 21
	269	+
	270	+	(b) A civil action under this section shall be filed in the circuit court for the county 22
	271	+	where the alleged unlawful employment practice OR DISCRIMINATION BY A PLACE OF 23
	272	+	PUBLIC ACCO MMODATION occurred. 24
	273	+
	274	+	(c) The filing of a civil action under this section automatically terminates any 25
	275	+	proceeding before the Commission based on the underlying administrative complaint and 26
	276	+	any amendment to the complaint. 27
	277	+
	278	+	(d) If the court finds that an unlawful employment practice OR DISCRIMINATION 28
	279	+	BY A PLACE OF PUBLIC ACCOMMODATION occurred, the court may provide the remedies 29
	280	+	specified in § 20–1009(b) OR (C) of this subtitle. 30
	281	+
	282	+	(e) (1) In addition to the relief authorized under subsection (d) of this section, 31
	283	+	the court may award punitive damages, if: 32
	284	+
	285	+	(i) the respondent is not a governmental unit or political 33
	286	+	subdivision; and 34 HOUSE BILL 368 7
97	287
98	288
99	289
100		-	20–1007. 1
	290	+	(ii) the court finds that the respondent has engaged in or is engaging 1
	291	+	in an unlawful employment practice OR DISCRIMINATI ON BY A PLACE OF PUB LIC 2
	292	+	ACCOMMODATION with actual malice. 3
101	293
102		-	(a) ~~(1) When a complaint alleging~~ an unlawful ~~employment practice OR 2~~
103		-	~~DISCRIMINATION BY A PLACE~~ OF ~~PUBLIC ACCO MMODATION is issued and served under 3~~
104		-	~~§ 20–1006~~ of this ~~subtitle, a complainant or respondent may elect to have~~ the ~~claims 4~~
105		-	~~asserted in~~ the ~~complaint determined in a civil action brought by the Commission on the 5~~
106		-	~~complainant’s behalf,~~ ~~if: 6~~
	294	+	(2) If the court awards punitive damages FOR AN UNLAWFUL 4
	295	+	EMPLOYMENT PRACTICE , the sum of the amount of compensatory damages awarded to 5
	296	+	each complainant under subsection (d) of this section and the amount of punitive damages 6
	297	+	awarded under this subsection may not exceed the applicable limitation established under 7
	298	+	§ 20–1009(b)(3) of this subtitle. 8
107	299
108		-	(i) the Commission has found probable cause to believe the 7
109		-	respondent has engaged in or is engaging in an unlawful employment practice OR 8
110		-	DISCRIMINATION BY A PLACE OF PUBLIC ACCOMMODAT ION; and 9
	300	+	(f) If a complainant seeks compensatory or punitive damages under this section: 9
111	301
112		-	(ii) there is a failure to reach an agreement to remedy and eliminate 10
113		-	the unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 11
114		-	ACCOMMODATION . 12
	302	+	(1) any party may demand a trial by jury; and 10
115	303
116		-	(2) An election under paragraph (1) of this subsection shall be made within 13
117		-	30 days after the complainant or respondent receives service under § 20–1006(b) of this 14
118		-	subtitle. 15
	304	+	(2) the court may not inform the jury of the limitations on compensatory 11
	305	+	and punitive damages imposed under § 20–1009(b)(3) of this subtitle. 12
119	306
120		-	(3) If an election is not made under paragraph (1) of this subsection, the 16
121		-	Commission shall provide an opportunity for a hearing as provided under § 20–1008(a) of 17
122		-	this subtitle. 18
	307	+	(g) When appropriate and to the extent authorized under law, in a dispute arising 13
	308	+	under this part, in which the complainant seeks compensatory or punitive damages, the 14
	309	+	parties are encouraged to use alternative means of dispute resolution, including settlement 15
	310	+	negotiations or mediation. 16
123	311
124		-	(b) When a complaint alleging an unlawful employment practice OR 19
125		-	DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION is issued and served under 20
126		-	§ 20–1006 of this subtitle, the Commission may elect to have the claims asserted in the 21
127		-	complaint determined in a civil action brought on the Commission’s own behalf, if: 22
	312	+	20–1016. 17
128	313
129		-	(1) the Commission has found probable cause to believe the respondent has 23
130		-	engaged in or is engaging in an unlawful employment practice OR DISCRIMINATION BY A 24
131		-	PLACE OF PUBLIC ACCO MMODATION ; and 25
	314	+	(a) Except as provided in subsection (b) of this section, in addition to any other 18
	315	+	relief authorized, if the Commission finds that a respondent has engaged in a 19
	316	+	discriminatory act under [Subtitle 3 or] Subtitle 4 of this title, the Commission may seek 20
	317	+	an order assessing a civil penalty against the respondent: 21
132	318
133		-	(2) there is a failure to reach an agreement to remedy and eliminate the 26
134		-	unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 27
135		-	ACCOMMODATION . 28
	319	+	(1) if the respondent has not been adjudicated to have committed any prior 22
	320	+	discriminatory act, in an amount not exceeding $500; 23
136	321
137		-	20–1009. 29
	322	+	(2) if the respondent has been adjudicated to have committed one other 24
	323	+	discriminatory act during the 5–year period ending on the date of the filing of the current 25
	324	+	charge, in an amount not exceeding $1,000; and 26
138	325
139		-	(a) If, after reviewing all of the evidence, the administrative law judge finds that 30
140		-	the respondent has engaged in a discriminatory act, the administrative law judge shall: 31
	326	+	(3) if the respondent has been adjudicated to have committed two or more 27
	327	+	discriminatory acts during the 7–year period ending on the date of the filing of the current 28
	328	+	charge, in an amount not exceeding $2,500. 29
141	329
142		-	(1) issue a decision and order stating the judge’s findings of fact and 32
143		-	conclusions of law; and 33
144		-	4 HOUSE BILL 368
	330	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
	331	+	October 1, 2024. 31
145	332
146	333
147		-	(2) issue and cause to be served on the respondent an order requiring the 1
148		-	respondent to: 2
149		-
150		-	(i) cease and desist from engaging in the discriminatory acts; and 3
151		-
152		-	(ii) take affirmative action to effectuate the purposes of the 4
153		-	applicable subtitle of this title. 5
154		-
155		-	(b) (1) If the respondent is found to have engaged in or to be engaging in an 6
156		-	unlawful employment practice charged in the complaint, the remedy may include: 7
157		-
158		-	(i) enjoining the respondent from engaging in the discriminatory 8
159		-	act; 9
160		-
161		-	(ii) ordering appropriate affirmative relief, including the 10
162		-	reinstatement or hiring of employees, with or without back pay; 11
163		-
164		-	(iii) awarding compensatory damages; [or] AND 12
165		-
166		-	(iv) ordering any other equitable relief that the administrative law 13
167		-	judge considers appropriate. 14
168		-
169		-	(2) Compensatory damages awarded under this subsection are in addition 15
170		-	to: 16
171		-
172		-	(i) back pay or interest on back pay that the complainant may 17
173		-	recover under any other provision of law; and 18
174		-
175		-	(ii) any other equitable relief that a complainant may recover under 19
176		-	any other provision of law. 20
177		-
178		-	(3) The sum of the amount of compensatory damages awarded to each 21
179		-	complainant under this subsection for future pecuniary losses, emotional pain, suffering, 22
180		-	inconvenience, mental anguish, loss of enjoyment of life, or nonpecuniary losses, may not 23
181		-	exceed: 24
182		-
183		-	(i) $50,000, if the respondent employs not fewer than 15 and not 25
184		-	more than 100 employees in each of 20 or more calendar weeks in the current or preceding 26
185		-	calendar year; 27
186		-
187		-	(ii) $100,000, if the respondent employs not fewer than 101 and not 28
188		-	more than 200 employees in each of 20 or more calendar weeks in the current or preceding 29
189		-	calendar year; 30
190		-
191		-	(iii) $200,000, if the respondent employs not fewer than 201 and not 31
192		-	more than 500 employees in each of 20 or more calendar weeks in the current or preceding 32
193		-	calendar year; and 33 HOUSE BILL 368 5
194		-
195		-
196		-
197		-	(iv) $300,000, if the respondent employs not fewer than 501 1
198		-	employees in each of 20 or more calendar weeks in the current or preceding calendar year. 2
199		-
200		-	(4) If back pay is awarded under paragraph (1) of this subsection, the 3
201		-	award shall be reduced by any interim earnings or amounts earnable with reasonable 4
202		-	diligence by the person discriminated against. 5
203		-
204		-	(5) In addition to any other relief authorized by this subsection, a 6
205		-	complainant may recover back pay for up to 2 years preceding the filing of the complaint, 7
206		-	where the unlawful employment practice that has occurred during the complaint filing 8
207		-	period is similar or related to an unlawful employment practice with regard to 9
208		-	discrimination in compensation that occurred outside the time for filing a complaint. 10
209		-
210		-	(C) IF THE RESPONDENT IS FOUND TO HAVE ENGAGE D IN OR TO BE 11
211		-	ENGAGING IN DISCRIMI NATION BY A PLACE OF PUBLIC ACCOMMODATION AS 12
212		-	CHARGED IN THE COMPL AINT, THE REMEDY MAY INCLU DE: 13
213		-
214		-	(1) ENJOINING THE RESPONDENT FROM ENGA GING IN THE 14
215		-	DISCRIMINATORY ACT ; 15
216		-
217		-	(2) ORDERING APPROPRIATE AFFIRMATIVE RELIEF , INCLUDING THE 16
218		-	PROVISION OF A REASO NABLE ACCOMMODATION ; 17
219		-
220		-	(3) AWARDING COMPENSATOR Y DAMAGES FOR PECUNI ARY LOSSES, 18
221		-	EMOTIONAL PAIN , SUFFERING, INCONVENIENCE , MENTAL ANGUISH , LOSS OF 19
222		-	ENJOYMENT OF LIFE , AND OTHER NONPECUNIA RY LOSSES; AND 20
223		-
224		-	(4) ORDERING ANY OTHER E QUITABLE RELIEF THAT THE 21
225		-	ADMINISTRATIVE LAW J UDGE CONSIDERS APPRO PRIATE. 22
226		-
227		-	[(c)] (D) (1) [(i) Except as provided in subparagraph (ii) of this paragraph, 23
228		-	if] IF the respondent is found to have engaged in or to be engaging in a discriminatory act 24
229		-	other than an unlawful employment practice OR DISCRIMINATION BY A PLACE OF 25
230		-	PUBLIC ACCOMMODATION , in addition to an award of civil penalties as provided in § 26
231		-	20–1016 of this subtitle, nonmonetary relief may be granted to the complainant. 27
232		-
233		-	[(ii) An order may not be issued that substantially affects the cost, 28
234		-	level, or type of any transportation services.] 29
235		-
236		-	(2) (i) In cases involving transportation services that are supported 30
237		-	fully or partially with funds from the Maryland Department of Transportation, an order 31
238		-	may not be issued that would require costs, level, or type of transportation services different 32
239		-	from or exceeding those required to meet U.S. Department of Transportation regulations 33
240		-	adopted under 29 U.S.C. § 794. 34 6 HOUSE BILL 368
241		-
242		-
243		-
244		-	(ii) An order issued in violation of subparagraph (i) of this paragraph 1
245		-	is not enforceable under § 20–1011 of this subtitle. 2
246		-
247		-	[(d)] (E) If, after reviewing all of the evidence, the administrative law judge finds 3
248		-	that the respondent has not engaged in an alleged discriminatory act, the administrative 4
249		-	law judge shall: 5
250		-
251		-	(1) state findings of fact and conclusions of law; and 6
252		-
253		-	(2) issue an order dismissing the complaint. 7
254		-
255		-	[(e)] (F) Unless a timely appeal is filed with the Commission in accordance with 8
256		-	the Commission’s regulations, a decision and order issued by the administrative law judge 9
257		-	under this section shall become the final order of the Commission. 10
258		-
259		-	20–1012. 11
260		-
261		-	(a) Within 60 days after an election is made under § 20–1007 of this subtitle, the 12
262		-	Commission shall file a civil action in the circuit court for the county where the alleged 13
263		-	unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 14
264		-	ACCOMMODATION occurred. 15
265		-
266		-	(b) If the court finds that an unlawful employment practice OR DISCRIMINATION 16
267		-	BY A PLACE OF PUBLIC ACCOMMODATION occurred, the court may provide the remedies 17
268		-	specified in § 20–1009(b) OR (C) of this subtitle, AS APPROPRIATE . 18
269		-
270		-	20–1013. 19
271		-
272		-	(a) (1) In addition to the right to make an election under § 20–1007 of this 20
273		-	subtitle, a complainant may bring a civil action against the respondent alleging an unlawful 21
274		-	employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC AC COMMODATION , 22
275		-	if: 23
276		-
277		-	(i) the complainant initially filed a timely administrative charge or 24
278		-	a complaint under federal, State, or local law alleging an unlawful employment practice OR 25
279		-	DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION by the respondent; 26
280		-
281		-	(ii) at least 180 days have elapsed since the filing of the 27
282		-	administrative charge or complaint; and 28
283		-
284		-	(iii) 1. subject to item 2 of this item, the civil action is filed within 29
285		-	2 years after the alleged unlawful employment practice OR DISCRIMINATION BY A PLACE 30
286		-	OF PUBLIC ACCOMMODAT ION occurred; or 31
287		-	HOUSE BILL 368 7
288		-
289		-
290		-	2. if the complaint is alleging harassment, the civil action is 1
291		-	filed within 3 years after the alleged harassment occurred. 2
292		-
293		-	(2) The time limitations under paragraph (1)(iii) of this subsection shall be 3
294		-	tolled while an administrative charge or complaint filed by the complainant under 4
295		-	paragraph (1)(ii) is pending. 5
296		-
297		-	(b) A civil action under this section shall be filed in the circuit court for the county 6
298		-	where the alleged unlawful employment practice OR DISCRIMINATION BY A PLACE OF 7
299		-	PUBLIC ACCOM MODATION occurred. 8
300		-
301		-	(c) The filing of a civil action under this section automatically terminates any 9
302		-	proceeding before the Commission based on the underlying administrative complaint and 10
303		-	any amendment to the complaint. 11
304		-
305		-	(d) If the court finds that an unlawful employment practice OR DISCRIMINATION 12
306		-	BY A PLACE OF PUBLIC ACCOMMODATION occurred, the court may provide the remedies 13
307		-	specified in § 20–1009(b) OR (C) of this subtitle. 14
308		-
309		-	(e) (1) In addition to the relief authorized under subsection (d) of this section, 15
310		-	the court may award punitive damages, if: 16
311		-
312		-	(i) the respondent is not a governmental unit or political 17
313		-	subdivision; and 18
314		-
315		-	(ii) the court finds that the respondent has engaged in or is engaging 19
316		-	in an unlawful employment practice OR DISCRIMINATI ON BY A PLACE OF PUB LIC 20
317		-	ACCOMMODATION with actual malice. 21
318		-
319		-	(2) If the court awards punitive damages FOR AN UNLAWFUL 22
320		-	EMPLOYMENT PRACTICE , the sum of the amount of compensatory damages awarded to 23
321		-	each complainant under subsection (d) of this section and the amount of punitive damages 24
322		-	awarded under this subsection may not exceed the applicable limitation established under 25
323		-	§ 20–1009(b)(3) of this subtitle. 26
324		-
325		-	(f) If a complainant seeks compensatory or punitive damages under this section: 27
326		-
327		-	(1) any party may demand a trial by jury; and 28
328		-
329		-	(2) the court may not inform the jury of the limitations on compensatory 29
330		-	and punitive damages imposed under § 20–1009(b)(3) of this subtitle. 30
331		-
332		-	(g) When appropriate and to the extent authorized under law, in a dispute arising 31
333		-	under this part, in which the complainant seeks compensatory or punitive damages, the 32
334		-	parties are encouraged to use alternative means of dispute resolution, including settlement 33
335		-	negotiations or mediation. 34 8 HOUSE BILL 368
336		-
337		-
338		-
339		-	20–1016. 1
340		-
341		-	(a) Except as provided in subsection (b) of this section, in addition to any other 2
342		-	relief authorized, if the Commission finds that a respondent has engaged in a 3
343		-	discriminatory act under [Subtitle 3 or] Subtitle 4 of this title, the Commission may seek 4
344		-	an order assessing a civil penalty against the respondent: 5
345		-
346		-	(1) if the respondent has not been adjudicated to have committed any prior 6
347		-	discriminatory act, in an amount not exceeding $500; 7
348		-
349		-	(2) if the respondent has been adjudicated to have committed one other 8
350		-	discriminatory act during the 5–year period ending on the date of the filing of the current 9
351		-	charge, in an amount not exceeding $1,000; and 10
352		-
353		-	(3) if the respondent has been adjudicated to have committed two or more 11
354		-	discriminatory acts during the 7–year period ending on the date of the filing of the current 12
355		-	charge, in an amount not exceeding $2,500. 13
356		-
357		-	20–304. 14
358		-
359		-	An owner or operator of a place of public accommodation or an agent or employee of 15
360		-	the owner or operator may not refuse, withhold from, or deny to any person any of the 16
361		-	accommodations, advantages, facilities, or privileges of the place of public accommodation 17
362		-	because of the person’s race, sex, age, color, creed, national origin, marital status, sexual 18
363		-	orientation, gender identity, or disability. 19
364		-
365		-	20–402. 20
366		-
367		-	A person that is licensed or regulated by a unit in the Maryland Department of Labor 21
368		-	listed in § 2–108 of the Business Regulation Article may not refuse, withhold from, or deny 22
369		-	any person any of the accommodations, advantages, facilities, privileges, sales, or services 23
370		-	of the licensed or regulated person or discriminate against any person because of the 24
371		-	person’s race, sex, creed, color, national origin, marital status, sexual orientation, age, 25
372		-	gender identity, or disability. 26
373		-
374		-	20–1016. 27
375		-
376		-	(a) Except as provided in [subsection] SUBSECTIONS (b) AND (C) of this section, 28
377		-	in addition to any other relief authorized, if the Commission finds that a respondent has 29
378		-	engaged in a discriminatory act under Subtitle 3 or Subtitle 4 of this title, the Commission 30
379		-	may seek an order [assessing a civil penalty against the respondent] AWARDING 31
380		-	MONETARY RELIEF TO T HE COMPLAINANT : 32
381		-
382		-	(1) if the respondent has not been adjudicated to have committed any prior 33
383		-	discriminatory act, in an amount not exceeding $500; 34
384		-	HOUSE BILL 368 9
385		-
386		-
387		-	(2) if the respondent has been adjudicated to have committed one other 1
388		-	discriminatory act during the 5–year period ending on the date of the filing of the current 2
389		-	charge, in an amount not exceeding $1,000; and 3
390		-
391		-	(3) if the respondent has been adjudicated to have committed two or more 4
392		-	discriminatory acts during the 7–year period ending on the date of the filing of the current 5
393		-	charge, in an amount not exceeding $2,500. 6
394		-
395		-	(b) (1) If the discriminatory act is committed by an individual who has been 7
396		-	previously adjudicated to have committed one or more discriminatory acts, the time periods 8
397		-	set forth in subsection (a)(2) and (3) of this section do not apply. 9
398		-
399		-	(2) IF THE DISCRIMINATORY ACT IS COMMITTED BY THE AGENT OR 10
400		-	EMPLOYEE OF A RESPON DENT, THE MAXIMUM AMOUNTS SET FORTH IN SUBSECT ION 11
401		-	(A)(2) AND (3) OF THIS SECTION DO N OT APPLY AND THE COMMISSION MAY SEEK A N 12
402		-	ORDER AWARDING MONET ARY RELIEF IN AN AMO UNT NOT EXCEEDING $25,000, 13
403		-	PROVIDED THAT : 14
404		-
405		-	(I) THE ACT COMMITTED BY THE AGENT OR EMPLOYE E IS 15
406		-	DETERMINED TO BE DIS CRIMINATORY ; AND 16
407		-
408		-	(II) THE RESPONDENT HAS NOT RE ASONABLY MITIGATED T HE 17
409		-	HARM CAUSED BY THE D ISCRIMINATORY ACT . 18
410		-
411		-	(3) THE MAXIMUM AMOUNTS S ET FORTH IN SUBSECTI ON (A)(2) AND 19
412		-	(3) OF THIS SECTION DO N OT APPLY IF THE ACT IS FOUND TO BE MALIC IOUS. 20
413		-
414		-	(C) THE COMMISSION MAY NOT SE EK AN ORDER AWARDING MONETARY 21
415		-	RELIEF TO A COMPLAIN ANT IF: 22
416		-
417		-	(1) THE DISCRIMINATORY A CT WAS LIMITED TO A VIOLATION 23
418		-	RELATING TO ACCESSIB ILITY; 24
419		-
420		-	(2) THE RESPONDENT , AFTER BEING SERVED , TAKES PROMPT 25
421		-	CORRECTIVE ACTION ; AND 26
422		-
423		-	(3) THE RESPONDENT HAS N OT PREVIOUSLY BEEN THE SUBJECT OF A 27
424		-	COMPLAINT UNDER § 20–1004 OF THIS SUBTITLE. 28
425		-
426		-	(D) IF THE COMMISSION SEEKS AN O RDER AWARDING MONETA RY RELIEF 29
427		-	BEFORE AN ADMINISTRA TIVE LAW JUDGE UNDER § 20–1008 OF THIS SUBTITLE , IN 30
428		-	DETERMINING THE AMOU NT OF THE MONETARY R ELIEF TO BE AWARDED , THE 31
429		-	ADMINISTRATIVE LAW J UDGE SHALL CONSIDER : 32
430		-
431		-	(1) THE SERIOUSNESS OF T HE DISCRIMINATORY AC T; 33 10 HOUSE BILL 368
432		-
433		-
434		-
435		-	(2) THE GOOD FAITH OF TH E RESPONDENT ; 1
436		-
437		-	(3) THE HARMFUL EFFECT T O THE PUBLIC OF THE DISCRIMINATORY 2
438		-	ACT; 3
439		-
440		-	(4) THE HARMFUL EFFECT O F THE RESPONDENT ’S ACTIONS ON THE 4
441		-	INVESTIGATORY PROCES S OF THE COMMISSION; AND 5
442		-
443		-	(5) THE RESPONDENT ’S ASSETS. 6
444		-
445		-	[(c)] (E) Any [civil penalties] MONETARY RELIEF collected under this section 7
446		-	shall be paid to the [General Fund of the State] COMPLAINANT . 8
447		-
448		-	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before July 1, 2025, and 9
449		-	on or before July 1 of each of the immediately following 4 years, the Maryland Commission 10
450		-	on Civil Rights shall submit a report to the Governor and, in accordance with § 2–1257 of 11
451		-	the State Government Article, the General Assembly regarding the effect Section 1 of this 12
452		-	Act has had on persons against whom complaints have been filed under Title 20 of the State 13
453		-	Government Article. 14
454		-
455		-	SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Ac t shall take effect 15
456		-	October 1, 2024. 16
457		-
458		-
459		-
460		-	Approved:
461		-	________________________________________________________________________________
462		-	Governor.
463		-	________________________________________________________________________________
464		-	Speaker of the House of Delegates.
465		-	________________________________________________________________________________
466		-	President of the Senate.