EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0525*
HOUSE BILL 525
D5, K3, A3 4lr0969
CF SB 513
By: Delegates Wilkins, Toles, Boafo, Fennell, Jackson, and Turner
Introduced and read first time: January 24, 2024
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Employment Discrimination – Use of Cannabis Products 2
FOR the purpose of prohibiting an employer from discriminating against an individual 3
because of the individual’s use of cannabis products under certain circumstances; 4
establishing that certain provisions prohibiting employment discrimination do not 5
prohibit an employer from taking certain actions against an employee under certain 6
circumstances or authorize certain behaviors by an employee; requiring certain 7
employers to issue a drug policy under certain circumstances; and generally relating 8
to discrimination in employment and the use of cannabis products. 9
BY adding to 10
Article – Labor and Employment 11
Section 3–718 12
Annotated Code of Maryland 13
(2016 Replacement Volume and 2023 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – State Government 16
Section 20–601, 20–604, 20–605, and 20–606 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2023 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Labor and Employment 22
3–718. 23
AN EMPLOYER WHO CONDUCT S DRUG TESTING SHALL P ROVIDE THE 24 2 HOUSE BILL 525
EMPLOYER’S UPDATED DRUG POLIC Y TO ALL EMPLOYEES BEFORE THE EFFECTIVE 1
DATE OF THE POLICY . 2
Article – State Government 3
20–601. 4
(a) In this subtitle the following words have the meanings indicated. 5
(b) “ADVERSE EMPLOYMENT AC TION” MEANS TO: 6
(1) REFUSE TO HIRE OR EMPLOY AN IN DIVIDUAL; 7
(2) REQUIRE AN INDIVIDUA L TO RETIRE FROM EMP LOYMENT; OR 8
(3) DISCRIMINATE AGAINST AN INDIVIDUAL IN THE COMPENSATION 9
OR THE TERMS, CONDITIONS, OR PRIVILEGES OF THE EMPLOYMENT . 10
(C) (1) “Disability” means: 11
(i) 1. a physical disability, infirmity, malformation, or 12
disfigurement that is caused by bodily injury, birth defect, or illness, including epilepsy; or 13
2. a mental impairment or deficiency; 14
(ii) a record of having a physical or mental impairment as otherwise 15
defined under this subsection; or 16
(iii) being regarded as having a physical or mental impairment as 17
otherwise defined under this subsection. 18
(2) “Disability” includes: 19
(i) 1. any degree of paralysis, amputation, or lack of physical 20
coordination; 21
2. blindness or visual impairment; 22
3. deafness or hearing impairment; 23
4. muteness or speech impediment; and 24
5. physical reliance on a service animal, wheelchair, or other 25
remedial appliance or device; and 26
(ii) retardation and any other mental impairment or deficiency that 27 HOUSE BILL 525 3
may have necessitated remedial or special education and related services. 1
[(c)] (D) (1) “Employee” means: 2
(i) an individual employed by an employer; or 3
(ii) an individual working as an independent contractor for an 4
employer. 5
(2) Unless the individual is subject to the State or local civil service laws, 6
“employee” does not include: 7
(i) an individual elected to public office; 8
(ii) an appointee on the policy making level; or 9
(iii) an immediate adviser with respect to the exercise of the 10
constitutional or legal powers of an elected office. 11
[(d)] (E) (1) “Employer” means: 12
(i) a person that: 13
1. is engaged in an industry or business; and 14
2. A. has 15 or more employees for each working day in 15
each of 20 or more calendar weeks in the current or preceding calendar year; or 16
B. if an employee has filed a complaint alleging harassment, 17
has one or more employees for each working day in each of 20 or more calendar weeks in 18
the current or preceding calendar year; and 19
(ii) an agent of a person described in item (i) of this paragraph. 20
(2) “Employer” includes the State to the extent provided in this title. 21
(3) Except for a labor organization, “employer” does not include a bona fide 22
private membership club that is exempt from taxation under § 501(c) of the Internal 23
Revenue Code. 24
[(e)] (F) (1) “Employment agency” means: 25
(i) a person that regularly undertakes with or without 26
compensation to procure: 27
1. employees for an employer; or 28
4 HOUSE BILL 525
2. opportunities for employees to work for an employer; and 1
(ii) an agent of a person described in item (i) of this paragraph. 2
(2) Except for the United States Employment Service and the system of 3
State and local employment services receiving federal assistance, “employment agency” 4
does not include a unit of the United States, the State, or a political subdivision of the State. 5
[(f)] (G) “Genetic information” has the meaning stated in § 27–909(a)(3) of the 6
Insurance Article. 7
[(g)] (H) “Genetic test” has the meaning stated in § 27–909(a)(5) of the Insurance 8
Article. 9
[(h)] (I) “Harassment” includes: 10
(1) unwelcome and offensive conduct, which need not be severe or 11
pervasive, when: 12
(i) the conduct is based on race, color, religion, ancestry or national 13
origin, sex, age, marital status, sexual orientation, gender identity, or disability; and 14
(ii) 1. submission to the conduct is made either explicitly or 15
implicitly a term or condition of employment of an individual; 16
2. submission to or rejection of the conduct is used as a basis 17
for employment decisions affecting the individual; or 18
3. based on the totality of the circumstances, the conduct 19
unreasonably creates a working environment that a reasonable person would perceive to 20
be abusive or hostile; and 21
(2) sexual harassment. 22
[(i)] (J) (1) “Labor organization” means: 23
(i) a labor organization engaged in an industry; and 24
(ii) an agent of an organization described in item (i) of this 25
paragraph. 26
(2) “Labor organization” includes: 27
(i) an organization of any kind, an agency, or an employee 28
representation committee, group, association, or plan: 29
1. in which employees participate; and 30 HOUSE BILL 525 5
2. that exists, wholly or partly, for the purpose of dealing 1
with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other 2
terms or conditions of employment; and 3
(ii) a conference, general committee, joint or system board, or joint 4
council that is subordinate to a national or international labor organization. 5
[(j)] (K) “Religion” includes all aspects of religious observances, practice, and 6
belief. 7
[(k)] (L) “Sexual harassment” includes conduct, which need not be severe or 8
pervasive, that consists of unwelcome sexual advances, requests for sexual favors, or other 9
conduct of a sexual nature when: 10
(1) submission to the conduct is made either explicitly or implicitly a term 11
or condition of employment of an individual; 12
(2) submission to or rejection of the conduct is used as a basis for 13
employment decisions affecting the individual; or 14
(3) based on the totality of the circumstances, the conduct unreasonably 15
creates a working environment that a reasonable person would perceive to be abusive or 16
hostile. 17
20–604. 18
(A) This subtitle does not apply to: 19
(1) an employer with respect to the employment of aliens outside of the 20
State; or 21
(2) a religious corporation, association, educational institution, or society 22
with respect to the employment of individuals of a particular religion, sexual orientation, 23
or gender identity to perform work connected with the activities of the religious entity. 24
(B) (1) NOTHING IN THIS SUBTI TLE: 25
(I) AUTHORIZES AN EMPLOYEE TO BE IM PAIRED BY, TO USE, OR 26
TO POSSESS CANNABIS PRODUCT S DURING WORK HOURS ; OR 27
(II) REQUIRES AN EMPLOYER TO COMMIT AN ACT THA T WOULD: 28
1. CAUSE THE EMPLOYER T O VIOLATE FEDERAL LA W; OR 29
2. RESULT IN THE LOSS O F A FEDERAL CONTRACT OR 30 6 HOUSE BILL 525
FEDERAL FUNDING . 1
(2) THIS SUBTITLE DOES NO T PREEMPT FEDERAL LAW REQUIRIN G 2
APPLICANTS OR EMPLOY EES TO BE TESTED FOR CONTROLLED SUBSTANCE S AS A 3
CONDITION OF: 4
(I) EMPLOYMENT ; 5
(II) RECEIVING FEDERAL FU NDING OR FEDERAL 6
LICENSING–RELATED BENEFITS ; OR 7
(III) ENTERING INTO A FEDE RAL CONTRACT . 8
20–605. 9
(a) Notwithstanding any other provision of this subtitle, this subtitle does not 10
prohibit: 11
(1) an employer from hiring and employing employees, an employment 12
agency from classifying or referring for employment any individual, a labor organization 13
from classifying its membership or classifying or referring for employment any individual, 14
or an employer, labor organization, or joint labor–management committee controlling 15
apprenticeship or other training or retraining programs from admitting or employing any 16
individual in a program, on the basis of the individual’s sex, age, religion, national origin, 17
or disability, if sex, age, religion, national origin, or disability is a bona fide occupational 18
qualification reasonably necessary to the normal operation of that business or enterprise; 19
(2) an employer from establishing and requiring an employee to adhere to 20
reasonable workplace appearance, grooming, and dress standards that are directly related 21
to the nature of the employment of the employee and that are not precluded by any 22
provision of State or federal law, as long as the employer allows any employee to appear, 23
groom, and dress consistent with the employee’s gender identity; 24
(3) a school, college, university, or other educational institution from hiring 25
and employing employees of a particular religion, if: 26
(i) the institution is wholly or substantially owned, supported, 27
controlled, or managed by a particular religion or by a particular religious corporation, 28
association, or society; or 29
(ii) the curriculum of the institution is directed toward the 30
propagation of a particular religion; [or] 31
(4) except as provided in subsection (b) of this section, an employer, 32
employment agency, or labor organization from observing the terms of a bona fide seniority 33
system or any bona fide employee benefit plan, such as a retirement, pension, or insurance 34 HOUSE BILL 525 7
plan, that is not a subterfuge to evade the purposes of this subtitle; OR 1
(5) AN EMPLOYER FROM : 2
(I) PROHIBITING AN EMPLO YEE FROM POSSESSING OR USING 3
INTOXICATING SUBSTAN CES DURING WORK HOUR S; OR 4
(II) TAKING ADVERSE EMPLO YMENT ACTION AGAINST AN 5
EMPLOYEE FOR POSSESSING OR USING INTOXICATING SUBSTANCES DURING WO RK 6
HOURS. 7
(b) An employee benefit plan may not excuse the failure to hire any individual. 8
20–606. 9
(a) An employer may not: 10
(1) fail or refuse to hire, discharge, or otherwise discriminate against any 11
individual with respect to the individual’s compensation, terms, conditions, or privileges of 12
employment because of: 13
(i) the individual’s race, color, religion, sex, age, national origin, 14
marital status, sexual orientation, gender identity, genetic information, or disability 15
unrelated in nature and extent so as to reasonably preclude the performance of the 16
employment; or 17
(ii) the individual’s refusal to submit to a genetic test or make 18
available the results of a genetic test; 19
(2) UNLESS THE EMPLOYER HAS EST ABLISHED BY A 20
PREPONDERANCE OF THE EVIDENCE THAT AN UNLAWFUL USE OF CANN ABIS HAS 21
IMPAIRED AN INDIVIDUAL’S ABILITY TO PERFORM THE INDIVIDUAL’S JOB 22
RESPONSIBILITIES , TAKE AN ADVERSE EMPLOYMENT A CTION AGAINST THE 23
INDIVIDUAL BECAUSE OF: 24
(I) THE INDIVIDUAL ’S USE OF CANNABIS PR ODUCTS THAT IS 25
LAWFUL UNDER THE LAWS IN THE STATE THAT OCCURS OFF THE EMPLOYER ’S 26
PREMISES DURING NONW ORK HOURS; 27
(II) THE INDIVIDUAL’S POSITIVE DRUG TEST FOR 28
CANNABINOIDS OR CANNABIS METABOLI TES, UNLESS THE INDIVIDUA L USED, 29
POSSESSED, OR WAS UNDER THE INF LUENCE OF CANNABIS ON THE PREMISES OF 30
THE PLACE OF EMPLOYM ENT; OR 31
(III) THE INDIVIDUAL’S PRIOR ARREST OR CO NVICTION FOR A 32 8 HOUSE BILL 525
NONVIOLENT CANNABIS OFFENSE THAT DOES NO T INVOLVE DISTRIBUTI ON TO A 1
MINOR; 2
[(2)] (3) limit, segregate, or classify its employees or applicants for 3
employment in any way that would deprive or tend to deprive any individual of employment 4
opportunities or otherwise adversely affect the individual’s status as an employee because 5
of: 6
(i) the individual’s race, color, religion, sex, age, national origin, 7
marital status, sexual orientation, gender identity, genetic information, or disability 8
unrelated in nature and extent so as to reasonably preclude the performance of the 9
employment; or 10
(ii) the individual’s refusal to submit to a genetic test or make 11
available the results of a genetic test; 12
[(3)] (4) request or require genetic tests or genetic information as a 13
condition of hiring or determining benefits; 14
[(4)] (5) fail or refuse to make a reasonable accommodation for the known 15
disability of an otherwise qualified employee or an applicant for employment; or 16
[(5)] (6) engage in harassment of an employee. 17
(B) AN EMPLOYER MAY DETER MINE THAT AN INDIVID UAL’S ABILITY TO 18
PERFORM THE INDIVIDU AL’S JOB RESPONSIBILITI ES IS IMPAIRED UNDER 19
PARAGRAPH (A)(2) OF THIS SECTION IF T HE INDIVIDUAL MANIFE STS SPECIFIC 20
ARTICULABLE SYMPTOMS WHILE WORKING THAT D ECREASE OR LESSEN TH E 21
INDIVIDUAL’S PERFORMANCE OF THE DUTIES OR TASKS OF T HE INDIVIDUAL’S JOB. 22
[(b)] (C) An employment agency may not: 23
(1) fail or refuse to refer for employment or otherwise discriminate against 24
any individual because of the individual’s race, color, religion, sex, age, national origin, 25
marital status, sexual orientation, gender identity, or disability unrelated in nature and 26
extent so as to reasonably preclude the performance of the employment; or 27
(2) classify or refer for employment any individual on the basis of the 28
individual’s race, color, religion, sex, age, national origin, marital status, sexual 29
orientation, gender identity, or disability unrelated in nature and extent so as to reasonably 30
preclude the performance of the employment. 31
[(c)] (D) A labor organization may not: 32
(1) exclude or expel from its membership, or otherwise discriminate 33
against, any individual because of the individual’s race, color, religion, sex, age, national 34 HOUSE BILL 525 9
origin, marital status, sexual orientation, gender identity, or disability unrelated in nature 1
and extent so as to reasonably preclude the performance of the employment; 2
(2) limit, segregate, or classify its membership, or classify or fail or refuse 3
to refer for employment any individual, in any way that would deprive or tend to deprive 4
the individual of employment opportunities, limit the individual’s employment 5
opportunities, or otherwise adversely affect the individual’s status as an employee or as an 6
applicant for employment because of the individual’s race, color, religion, sex, age, national 7
origin, marital status, sexual orientation, gender identity, or disability unrelated in nature 8
and extent so as to reasonably preclude the performance of the employment; or 9
(3) cause or attempt to cause an employer to discriminate against an 10
individual in violation of this section. 11
[(d)] (E) An employer, labor organization, or joint labor–management committee 12
controlling apprenticeship or other training or retraining programs, including on–the–job 13
training programs, may not discriminate against any individual in admission to, or 14
employment in, any program established to provide apprenticeship or other training or 15
retraining because of the individual’s race, color, religion, sex, age, national origin, marital 16
status, sexual orientation, gender identity, or disability unrelated in nature and extent so 17
as to reasonably preclude the performance of the employment. 18
[(e)] (F) (1) Except as provided in paragraph (2) of this subsection, an 19
employer, labor organization, or employment agency may not print or cause to be printed 20
or published any notice or advertisement relating to employment by the employer, 21
membership in or any classification or referral for employment by the labor organization, 22
or any classification or referral for employment by the employment agency that indicates 23
any preference, limitation, specification, or discrimination based on race, color, religion, 24
sex, age, national origin, marital status, sexual orientation, gender identity, or disability. 25
(2) A notice or advertisement may indicate a preference, limitation, 26
specification, or discrimination based on religion, sex, age, national origin, marital status, 27
or disability if religion, sex, age, national origin, marital status, or disability is a bona fide 28
occupational qualification for employment. 29
[(f)] (G) An employer may not discriminate or retaliate against any of its 30
employees or applicants for employment, an employment agency may not discriminate 31
against any individual, and a labor organization may not discriminate or retaliate against 32
any member or applicant for membership because the individual has: 33
(1) opposed any practice prohibited by this subtitle; or 34
(2) made a charge, testified, assisted, or participated in any manner in an 35
investigation, proceeding, or hearing under this subtitle. 36
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 37
October 1, 2024. 38