EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0368*
HOUSE BILL 368
D5 4lr1920
HB 285/11 – HGO CF SB 666
By: Delegate Cullison Delegates Cullison, Alston, Bagnall, Bhandari, Guzzone,
Hill, S. Johnson, Kaiser, Kerr, R. Lewis, Lopez, Martinez, Pena–Melnyk,
Rosenberg, Taveras, White Holland, and Woods
Introduced and read first time: January 17, 2024
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 21, 2024
CHAPTER ______
AN ACT concerning 1
Human Relations – Discrimination by a Place of Public Accommodation 2
Maryland Commission on Civil Rights – Monetary Relief 3
FOR the purpose of authorizing certain persons or the Commission on Civil Rights to elect 4
to have the claims asserted in a certain complaint alleging discrimination by a place 5
of public accommodation determined in a civil action brought by the Commission 6
under certain circumstances; requiring a civil action brought by the Commission to 7
be filed within a certain time period after an election; expanding the remedies 8
available for discrimination by a place of public accommodation; clarifying the 9
remedies available for an unlawful employment practice; repealing a prohibition 10
against issuing certain orders affecting the cost, level, or type of any transportation 11
services; authorizing a complainant alleging discrimination by a place of public 12
accommodation to bring a civil action under certain circumstances; providing for the 13
venue of and remedies in a certain civil action; repealing the authority of the 14
Commission to seek an order assessing a civil penalty for discrimination by a place 15
of public accommodation; and generally relating to enforcement and remedies for 16
discrimination by a place of public accommodation altering certain maximum 17
amounts of monetary relief the Maryland Commission on Civil Rights is authorized 18
to award if the Commission finds that a respondent has engaged in a discriminatory 19
act under certain provisions of law regarding public accommodations and persons 20
licensed or regulated by a certain unit in the Maryland Department of Labor; 21
providing that certain maximum amounts of monetary relief the Commission is 22
authorized to award do not apply under certain circumstances; prohibiting the 23 2 HOUSE BILL 368
Commission from awarding monetary relief to a respondent under certain 1
circumstances; requiring an administrative law judge to consider certain 2
information when determining the amount of monetary relief; and generally relating 3
to the Maryland Commission on Civil Rights and monetary relief. 4
BY repealing and reenacting, without amendments, 5
Article – State Government 6
Section 20–304 and 20–402 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2023 Supplement) 9
BY repealing and reenacting, with amendments, 10
Article – State Government 11
Section 20–1001, 20–1006(b), 20–1007(a) and (b), 20–1009, 20–1012(a) and (b), 12
20–1013, and 20–1016(a) 20–1016 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2023 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – State Government 18
20–1001. 19
(A) In this part[, “unlawful] THE FOLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(B) “DISCRIMINATION BY A P LACE OF PUBLIC ACCOM MODATION” MEANS 22
AN ACT THAT IS PROHI BITED UNDER § 20–304 OF THIS TITLE. 23
(C) “UNLAWFUL employment practice” means an act that is prohibited under § 24
20–606 of this title. 25
20–1006. 26
(b) The Executive Director of the Commission shall cause a written notice to be 27
issued and served in the name of the Commission, together with a copy of the complaint, 28
requiring the respondent to answer the charges of the complaint at a public hearing: 29
(1) before an administrative law judge at a time and place certified in the 30
notice; or 31
(2) if the complaint alleges an unlawful employment practice OR 32
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION , in a civil action elected 33
under § 20–1007 of this subtitle. 34 HOUSE BILL 368 3
20–1007. 1
(a) (1) When a complaint alleging an unlawful employment practice OR 2
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION is issued and served under 3
§ 20–1006 of this subtitle, a complainant or respondent may elect to have the claims 4
asserted in the complaint determined in a civil action brought by the Commission on the 5
complainant’s behalf, if: 6
(i) the Commission has found probable cause to believe the 7
respondent has engaged in or is engaging in an unlawful employment practice OR 8
DISCRIMINATION BY A PLACE OF PUBLIC ACCOMMODAT ION; and 9
(ii) there is a failure to reach an agreement to remedy and eliminate 10
the unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 11
ACCOMMODATION . 12
(2) An election under paragraph (1) of this subsection shall be made within 13
30 days after the complainant or respondent receives service under § 20–1006(b) of this 14
subtitle. 15
(3) If an election is not made under paragraph (1) of this subsection, the 16
Commission shall provide an opportunity for a hearing as provided under § 20–1008(a) of 17
this subtitle. 18
(b) When a complaint alleging an unlawful employment practice OR 19
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION is issued and served under 20
§ 20–1006 of this subtitle, the Commission may elect to have the claims asserted in the 21
complaint determined in a civil action brought on the Commission’s own behalf, if: 22
(1) the Commission has found probable cause to believe the respondent has 23
engaged in or is engaging in an unlawful employment practice OR DISCRIMINATION BY A 24
PLACE OF PUBLIC ACCO MMODATION ; and 25
(2) there is a failure to reach an agreement to remedy and eliminate the 26
unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 27
ACCOMMODATION . 28
20–1009. 29
(a) If, after reviewing all of the evidence, the administrative law judge finds that 30
the respondent has engaged in a discriminatory act, the administrative law judge shall: 31
(1) issue a decision and order stating the judge’s findings of fact and 32
conclusions of law; and 33
4 HOUSE BILL 368
(2) issue and cause to be served on the respondent an order requiring the 1
respondent to: 2
(i) cease and desist from engaging in the discriminatory acts; and 3
(ii) take affirmative action to effectuate the purposes of the 4
applicable subtitle of this title. 5
(b) (1) If the respondent is found to have engaged in or to be engaging in an 6
unlawful employment practice charged in the complaint, the remedy may include: 7
(i) enjoining the respondent from engaging in the discriminatory 8
act; 9
(ii) ordering appropriate affirmative relief, including the 10
reinstatement or hiring of employees, with or without back pay; 11
(iii) awarding compensatory damages; [or] AND 12
(iv) ordering any other equitable relief that the administrative law 13
judge considers appropriate. 14
(2) Compensatory damages awarded under this subsection are in addition 15
to: 16
(i) back pay or interest on back pay that the complainant may 17
recover under any other provision of law; and 18
(ii) any other equitable relief that a complainant may recover under 19
any other provision of law. 20
(3) The sum of the amount of compensatory damages awarded to each 21
complainant under this subsection for future pecuniary losses, emotional pain, suffering, 22
inconvenience, mental anguish, loss of enjoyment of life, or nonpecuniary losses, may not 23
exceed: 24
(i) $50,000, if the respondent employs not fewer than 15 and not 25
more than 100 employees in each of 20 or more calendar weeks in the current or preceding 26
calendar year; 27
(ii) $100,000, if the respondent employs not fewer than 101 and not 28
more than 200 employees in each of 20 or more calendar weeks in the current or preceding 29
calendar year; 30
(iii) $200,000, if the respondent employs not fewer than 201 and not 31
more than 500 employees in each of 20 or more calendar weeks in the current or preceding 32
calendar year; and 33 HOUSE BILL 368 5
(iv) $300,000, if the respondent employs not fewer than 501 1
employees in each of 20 or more calendar weeks in the current or preceding calendar year. 2
(4) If back pay is awarded under paragraph (1) of this subsection, the 3
award shall be reduced by any interim earnings or amounts earnable with reasonable 4
diligence by the person discriminated against. 5
(5) In addition to any other relief authorized by this subsection, a 6
complainant may recover back pay for up to 2 years preceding the filing of the complaint, 7
where the unlawful employment practice that has occurred during the complaint filing 8
period is similar or related to an unlawful employment practice with regard to 9
discrimination in compensation that occurred outside the time for filing a complaint. 10
(C) IF THE RESPONDENT IS FOUND TO HAVE ENGAGE D IN OR TO BE 11
ENGAGING IN DISCRIMI NATION BY A PLACE OF PUBLIC ACCOMMODATION AS 12
CHARGED IN THE COMPL AINT, THE REMEDY MAY INCLU DE: 13
(1) ENJOINING THE RESPONDENT FROM ENGA GING IN THE 14
DISCRIMINATORY ACT ; 15
(2) ORDERING APPROPRIATE AFFIRMATIVE RELIEF , INCLUDING THE 16
PROVISION OF A REASO NABLE ACCOMMODATION ; 17
(3) AWARDING COMPENSATOR Y DAMAGES FOR PECUNI ARY LOSSES, 18
EMOTIONAL PAIN , SUFFERING, INCONVENIENCE , MENTAL ANGUISH , LOSS OF 19
ENJOYMENT OF LIFE , AND OTHER NONPECUNIA RY LOSSES; AND 20
(4) ORDERING ANY OTHER E QUITABLE RELIEF THAT THE 21
ADMINISTRATIVE LAW J UDGE CONSIDERS APPRO PRIATE. 22
[(c)] (D) (1) [(i) Except as provided in subparagraph (ii) of this paragraph, 23
if] IF the respondent is found to have engaged in or to be engaging in a discriminatory act 24
other than an unlawful employment practice OR DISCRIMINATION BY A PLACE OF 25
PUBLIC ACCOMMODATION , in addition to an award of civil penalties as provided in § 26
20–1016 of this subtitle, nonmonetary relief may be granted to the complainant. 27
[(ii) An order may not be issued that substantially affects the cost, 28
level, or type of any transportation services.] 29
(2) (i) In cases involving transportation services that are supported 30
fully or partially with funds from the Maryland Department of Transportation, an order 31
may not be issued that would require costs, level, or type of transportation services different 32
from or exceeding those required to meet U.S. Department of Transportation regulations 33
adopted under 29 U.S.C. § 794. 34 6 HOUSE BILL 368
(ii) An order issued in violation of subparagraph (i) of this paragraph 1
is not enforceable under § 20–1011 of this subtitle. 2
[(d)] (E) If, after reviewing all of the evidence, the administrative law judge finds 3
that the respondent has not engaged in an alleged discriminatory act, the administrative 4
law judge shall: 5
(1) state findings of fact and conclusions of law; and 6
(2) issue an order dismissing the complaint. 7
[(e)] (F) Unless a timely appeal is filed with the Commission in accordance with 8
the Commission’s regulations, a decision and order issued by the administrative law judge 9
under this section shall become the final order of the Commission. 10
20–1012. 11
(a) Within 60 days after an election is made under § 20–1007 of this subtitle, the 12
Commission shall file a civil action in the circuit court for the county where the alleged 13
unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 14
ACCOMMODATION occurred. 15
(b) If the court finds that an unlawful employment practice OR DISCRIMINATION 16
BY A PLACE OF PUBLIC ACCOMMODATION occurred, the court may provide the remedies 17
specified in § 20–1009(b) OR (C) of this subtitle, AS APPROPRIATE . 18
20–1013. 19
(a) (1) In addition to the right to make an election under § 20–1007 of this 20
subtitle, a complainant may bring a civil action against the respondent alleging an unlawful 21
employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC AC COMMODATION , 22
if: 23
(i) the complainant initially filed a timely administrative charge or 24
a complaint under federal, State, or local law alleging an unlawful employment practice OR 25
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION by the respondent; 26
(ii) at least 180 days have elapsed since the filing of the 27
administrative charge or complaint; and 28
(iii) 1. subject to item 2 of this item, the civil action is filed within 29
2 years after the alleged unlawful employment practice OR DISCRIMINATION BY A PLACE 30
OF PUBLIC ACCOMMODAT ION occurred; or 31
HOUSE BILL 368 7
2. if the complaint is alleging harassment, the civil action is 1
filed within 3 years after the alleged harassment occurred. 2
(2) The time limitations under paragraph (1)(iii) of this subsection shall be 3
tolled while an administrative charge or complaint filed by the complainant under 4
paragraph (1)(ii) is pending. 5
(b) A civil action under this section shall be filed in the circuit court for the county 6
where the alleged unlawful employment practice OR DISCRIMINATION BY A PLACE OF 7
PUBLIC ACCOM MODATION occurred. 8
(c) The filing of a civil action under this section automatically terminates any 9
proceeding before the Commission based on the underlying administrative complaint and 10
any amendment to the complaint. 11
(d) If the court finds that an unlawful employment practice OR DISCRIMINATION 12
BY A PLACE OF PUBLIC ACCOMMODATION occurred, the court may provide the remedies 13
specified in § 20–1009(b) OR (C) of this subtitle. 14
(e) (1) In addition to the relief authorized under subsection (d) of this section, 15
the court may award punitive damages, if: 16
(i) the respondent is not a governmental unit or political 17
subdivision; and 18
(ii) the court finds that the respondent has engaged in or is engaging 19
in an unlawful employment practice OR DISCRIMINATI ON BY A PLACE OF PUB LIC 20
ACCOMMODATION with actual malice. 21
(2) If the court awards punitive damages FOR AN UNLAWFUL 22
EMPLOYMENT PRACTICE , the sum of the amount of compensatory damages awarded to 23
each complainant under subsection (d) of this section and the amount of punitive damages 24
awarded under this subsection may not exceed the applicable limitation established under 25
§ 20–1009(b)(3) of this subtitle. 26
(f) If a complainant seeks compensatory or punitive damages under this section: 27
(1) any party may demand a trial by jury; and 28
(2) the court may not inform the jury of the limitations on compensatory 29
and punitive damages imposed under § 20–1009(b)(3) of this subtitle. 30
(g) When appropriate and to the extent authorized under law, in a dispute arising 31
under this part, in which the complainant seeks compensatory or punitive damages, the 32
parties are encouraged to use alternative means of dispute resolution, including settlement 33
negotiations or mediation. 34 8 HOUSE BILL 368
20–1016. 1
(a) Except as provided in subsection (b) of this section, in addition to any other 2
relief authorized, if the Commission finds that a respondent has engaged in a 3
discriminatory act under [Subtitle 3 or] Subtitle 4 of this title, the Commission may seek 4
an order assessing a civil penalty against the respondent: 5
(1) if the respondent has not been adjudicated to have committed any prior 6
discriminatory act, in an amount not exceeding $500; 7
(2) if the respondent has been adjudicated to have committed one other 8
discriminatory act during the 5–year period ending on the date of the filing of the current 9
charge, in an amount not exceeding $1,000; and 10
(3) if the respondent has been adjudicated to have committed two or more 11
discriminatory acts during the 7–year period ending on the date of the filing of the current 12
charge, in an amount not exceeding $2,500. 13
20–304. 14
An owner or operator of a place of public accommodation or an agent or employee of 15
the owner or operator may not refuse, withhold from, or deny to any person any of the 16
accommodations, advantages, facilities, or privileges of the place of public accommodation 17
because of the person’s race, sex, age, color, creed, national origin, marital status, sexual 18
orientation, gender identity, or disability. 19
20–402. 20
A person that is licensed or regulated by a unit in the Maryland Department of Labor 21
listed in § 2–108 of the Business Regulation Article may not refuse, withhold from, or deny 22
any person any of the accommodations, advantages, facilities, privileges, sales, or services 23
of the licensed or regulated person or discriminate against any person because of the 24
person’s race, sex, creed, color, national origin, marital status, sexual orientation, age, 25
gender identity, or disability. 26
20–1016. 27
(a) Except as provided in [subsection] SUBSECTIONS (b) AND (C) of this section, 28
in addition to any other relief authorized, if the Commission finds that a respondent has 29
engaged in a discriminatory act under Subtitle 3 or Subtitle 4 of this title, the Commission 30
may seek an order [assessing a civil penalty against the respondent] AWARDING 31
MONETARY RELIEF TO T HE COMPLAINANT : 32
(1) if the respondent has not been adjudicated to have committed any prior 33
discriminatory act, in an amount not exceeding $500; 34
HOUSE BILL 368 9
(2) if the respondent has been adjudicated to have committed one other 1
discriminatory act during the 5–year period ending on the date of the filing of the current 2
charge, in an amount not exceeding $1,000; and 3
(3) if the respondent has been adjudicated to have committed two or more 4
discriminatory acts during the 7–year period ending on the date of the filing of the current 5
charge, in an amount not exceeding $2,500. 6
(b) (1) If the discriminatory act is committed by an individual who has been 7
previously adjudicated to have committed one or more discriminatory acts, the time periods 8
set forth in subsection (a)(2) and (3) of this section do not apply. 9
(2) IF THE DISCRIMINATORY ACT IS COMMITTED BY THE AGENT OR 10
EMPLOYEE OF A RESPON DENT, THE MAXIMUM AMOUNTS SET FORTH IN SUBSECT ION 11
(A)(2) AND (3) OF THIS SECTION DO N OT APPLY AND THE COMMISSION MAY SEEK A N 12
ORDER AWARDING MONET ARY RELIEF IN AN AMO UNT NOT EXCEEDING $25,000, 13
PROVIDED THAT : 14
(I) THE ACT COMMITTED BY THE AGENT OR EMPLOYE E IS 15
DETERMINED TO BE DIS CRIMINATORY ; AND 16
(II) THE RESPONDENT HAS NOT RE ASONABLY MITIGATED T HE 17
HARM CAUSED BY THE D ISCRIMINATORY ACT . 18
(3) THE MAXIMUM AMOUNTS S ET FORTH IN SUBSECTI ON (A)(2) AND 19
(3) OF THIS SECTION DO N OT APPLY IF THE ACT IS FOUND TO BE MALIC IOUS. 20
(C) THE COMMISSION MAY NOT SE EK AN ORDER AWARDING MONETARY 21
RELIEF TO A COMPLAIN ANT IF: 22
(1) THE DISCRIMINATORY A CT WAS LIMITED TO A VIOLATION 23
RELATING TO ACCESSIB ILITY; 24
(2) THE RESPONDENT , AFTER BEING SERVED , TAKES PROMPT 25
CORRECTIVE ACTION ; AND 26
(3) THE RESPONDENT HAS N OT PREVIOUSLY BEEN THE SUBJECT OF A 27
COMPLAINT UNDER § 20–1004 OF THIS SUBTITLE. 28
(D) IF THE COMMISSION SEEKS AN O RDER AWARDING MONETA RY RELIEF 29
BEFORE AN ADMINISTRA TIVE LAW JUDGE UNDER § 20–1008 OF THIS SUBTITLE , IN 30
DETERMINING THE AMOU NT OF THE MONETARY R ELIEF TO BE AWARDED , THE 31
ADMINISTRATIVE LAW J UDGE SHALL CONSIDER : 32
(1) THE SERIOUSNESS OF T HE DISCRIMINATORY AC T; 33 10 HOUSE BILL 368
(2) THE GOOD FAITH OF TH E RESPONDENT ; 1
(3) THE HARMFUL EFFECT T O THE PUBLIC OF THE DISCRIMINATORY 2
ACT; 3
(4) THE HARMFUL EFFECT O F THE RESPONDENT ’S ACTIONS ON THE 4
INVESTIGATORY PROCES S OF THE COMMISSION; AND 5
(5) THE RESPONDENT ’S ASSETS. 6
[(c)] (E) Any [civil penalties] MONETARY RELIEF collected under this section 7
shall be paid to the [General Fund of the State] COMPLAINANT . 8
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before July 1, 2025, and 9
on or before July 1 of each of the immediately following 4 years, the Maryland Commission 10
on Civil Rights shall submit a report to the Governor and, in accordance with § 2–1257 of 11
the State Government Article, the General Assembly regarding the effect Section 1 of this 12
Act has had on persons against whom complaints have been filed under Title 20 of the State 13
Government Article. 14
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Ac t shall take effect 15
October 1, 2024. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.