Maryland 2024 Regular Session

Maryland House Bill HB525 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0525
6	6
7	7	HOUSE BILL 525
8	8	D5, K3, A3 4lr0969
9	9	CF SB 513
10	10	By: Delegates Wilkins, Toles, Boafo, Fennell, Jackson, and Turner
11	11	Introduced and read first time: January 24, 2024
12	12	Assigned to: Economic Matters
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Employment Discrimination – Use of Cannabis Products 2
19	19
20	20	FOR the purpose of prohibiting an employer from discriminating against an individual 3
21	21	because of the individual’s use of cannabis products under certain circumstances; 4
22	22	establishing that certain provisions prohibiting employment discrimination do not 5
23	23	prohibit an employer from taking certain actions against an employee under certain 6
24	24	circumstances or authorize certain behaviors by an employee; requiring certain 7
25	25	employers to issue a drug policy under certain circumstances; and generally relating 8
26	26	to discrimination in employment and the use of cannabis products. 9
27	27
28	28	BY adding to 10
29	29	Article – Labor and Employment 11
30	30	Section 3–718 12
31	31	Annotated Code of Maryland 13
32	32	(2016 Replacement Volume and 2023 Supplement) 14
33	33
34	34	BY repealing and reenacting, with amendments, 15
35	35	Article – State Government 16
36	36	Section 20–601, 20–604, 20–605, and 20–606 17
37	37	Annotated Code of Maryland 18
38	38	(2021 Replacement Volume and 2023 Supplement) 19
39	39
40	40	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
41	41	That the Laws of Maryland read as follows: 21
42	42
43	43	Article – Labor and Employment 22
44	44
45	45	3–718. 23
46	46
47	47	AN EMPLOYER WHO CONDUCT S DRUG TESTING SHALL P ROVIDE THE 24 2 HOUSE BILL 525
48	48
49	49
50	50	EMPLOYER’S UPDATED DRUG POLIC Y TO ALL EMPLOYEES BEFORE THE EFFECTIVE 1
51	51	DATE OF THE POLICY . 2
52	52
53	53	Article – State Government 3
54	54
55	55	20–601. 4
56	56
57	57	(a) In this subtitle the following words have the meanings indicated. 5
58	58
59	59	(b) “ADVERSE EMPLOYMENT AC TION” MEANS TO: 6
60	60
61	61	(1) REFUSE TO HIRE OR EMPLOY AN IN DIVIDUAL; 7
62	62
63	63	(2) REQUIRE AN INDIVIDUA L TO RETIRE FROM EMP LOYMENT; OR 8
64	64
65	65	(3) DISCRIMINATE AGAINST AN INDIVIDUAL IN THE COMPENSATION 9
66	66	OR THE TERMS, CONDITIONS, OR PRIVILEGES OF THE EMPLOYMENT . 10
67	67
68	68	(C) (1) “Disability” means: 11
69	69
70	70	(i) 1. a physical disability, infirmity, malformation, or 12
71	71	disfigurement that is caused by bodily injury, birth defect, or illness, including epilepsy; or 13
72	72
73	73	2. a mental impairment or deficiency; 14
74	74
75	75	(ii) a record of having a physical or mental impairment as otherwise 15
76	76	defined under this subsection; or 16
77	77
78	78	(iii) being regarded as having a physical or mental impairment as 17
79	79	otherwise defined under this subsection. 18
80	80
81	81	(2) “Disability” includes: 19
82	82
83	83	(i) 1. any degree of paralysis, amputation, or lack of physical 20
84	84	coordination; 21
85	85
86	86	2. blindness or visual impairment; 22
87	87
88	88	3. deafness or hearing impairment; 23
89	89
90	90	4. muteness or speech impediment; and 24
91	91
92	92	5. physical reliance on a service animal, wheelchair, or other 25
93	93	remedial appliance or device; and 26
94	94
95	95	(ii) retardation and any other mental impairment or deficiency that 27 HOUSE BILL 525 3
96	96
97	97
98	98	may have necessitated remedial or special education and related services. 1
99	99
100	100	[(c)] (D) (1) “Employee” means: 2
101	101
102	102	(i) an individual employed by an employer; or 3
103	103
104	104	(ii) an individual working as an independent contractor for an 4
105	105	employer. 5
106	106
107	107	(2) Unless the individual is subject to the State or local civil service laws, 6
108	108	“employee” does not include: 7
109	109
110	110	(i) an individual elected to public office; 8
111	111
112	112	(ii) an appointee on the policy making level; or 9
113	113
114	114	(iii) an immediate adviser with respect to the exercise of the 10
115	115	constitutional or legal powers of an elected office. 11
116	116
117	117	[(d)] (E) (1) “Employer” means: 12
118	118
119	119	(i) a person that: 13
120	120
121	121	1. is engaged in an industry or business; and 14
122	122
123	123	2. A. has 15 or more employees for each working day in 15
124	124	each of 20 or more calendar weeks in the current or preceding calendar year; or 16
125	125
126	126	B. if an employee has filed a complaint alleging harassment, 17
127	127	has one or more employees for each working day in each of 20 or more calendar weeks in 18
128	128	the current or preceding calendar year; and 19
129	129
130	130	(ii) an agent of a person described in item (i) of this paragraph. 20
131	131
132	132	(2) “Employer” includes the State to the extent provided in this title. 21
133	133
134	134	(3) Except for a labor organization, “employer” does not include a bona fide 22
135	135	private membership club that is exempt from taxation under § 501(c) of the Internal 23
136	136	Revenue Code. 24
137	137
138	138	[(e)] (F) (1) “Employment agency” means: 25
139	139
140	140	(i) a person that regularly undertakes with or without 26
141	141	compensation to procure: 27
142	142
143	143	1. employees for an employer; or 28
144	144	4 HOUSE BILL 525
145	145
146	146
147	147	2. opportunities for employees to work for an employer; and 1
148	148
149	149	(ii) an agent of a person described in item (i) of this paragraph. 2
150	150
151	151	(2) Except for the United States Employment Service and the system of 3
152	152	State and local employment services receiving federal assistance, “employment agency” 4
153	153	does not include a unit of the United States, the State, or a political subdivision of the State. 5
154	154
155	155	[(f)] (G) “Genetic information” has the meaning stated in § 27–909(a)(3) of the 6
156	156	Insurance Article. 7
157	157
158	158	[(g)] (H) “Genetic test” has the meaning stated in § 27–909(a)(5) of the Insurance 8
159	159	Article. 9
160	160
161	161	[(h)] (I) “Harassment” includes: 10
162	162
163	163	(1) unwelcome and offensive conduct, which need not be severe or 11
164	164	pervasive, when: 12
165	165
166	166	(i) the conduct is based on race, color, religion, ancestry or national 13
167	167	origin, sex, age, marital status, sexual orientation, gender identity, or disability; and 14
168	168
169	169	(ii) 1. submission to the conduct is made either explicitly or 15
170	170	implicitly a term or condition of employment of an individual; 16
171	171
172	172	2. submission to or rejection of the conduct is used as a basis 17
173	173	for employment decisions affecting the individual; or 18
174	174
175	175	3. based on the totality of the circumstances, the conduct 19
176	176	unreasonably creates a working environment that a reasonable person would perceive to 20
177	177	be abusive or hostile; and 21
178	178
179	179	(2) sexual harassment. 22
180	180
181	181	[(i)] (J) (1) “Labor organization” means: 23
182	182
183	183	(i) a labor organization engaged in an industry; and 24
184	184
185	185	(ii) an agent of an organization described in item (i) of this 25
186	186	paragraph. 26
187	187
188	188	(2) “Labor organization” includes: 27
189	189
190	190	(i) an organization of any kind, an agency, or an employee 28
191	191	representation committee, group, association, or plan: 29
192	192
193	193	1. in which employees participate; and 30 HOUSE BILL 525 5
194	194
195	195
196	196
197	197	2. that exists, wholly or partly, for the purpose of dealing 1
198	198	with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other 2
199	199	terms or conditions of employment; and 3
200	200
201	201	(ii) a conference, general committee, joint or system board, or joint 4
202	202	council that is subordinate to a national or international labor organization. 5
203	203
204	204	[(j)] (K) “Religion” includes all aspects of religious observances, practice, and 6
205	205	belief. 7
206	206
207	207	[(k)] (L) “Sexual harassment” includes conduct, which need not be severe or 8
208	208	pervasive, that consists of unwelcome sexual advances, requests for sexual favors, or other 9
209	209	conduct of a sexual nature when: 10
210	210
211	211	(1) submission to the conduct is made either explicitly or implicitly a term 11
212	212	or condition of employment of an individual; 12
213	213
214	214	(2) submission to or rejection of the conduct is used as a basis for 13
215	215	employment decisions affecting the individual; or 14
216	216
217	217	(3) based on the totality of the circumstances, the conduct unreasonably 15
218	218	creates a working environment that a reasonable person would perceive to be abusive or 16
219	219	hostile. 17
220	220
221	221	20–604. 18
222	222
223	223	(A) This subtitle does not apply to: 19
224	224
225	225	(1) an employer with respect to the employment of aliens outside of the 20
226	226	State; or 21
227	227
228	228	(2) a religious corporation, association, educational institution, or society 22
229	229	with respect to the employment of individuals of a particular religion, sexual orientation, 23
230	230	or gender identity to perform work connected with the activities of the religious entity. 24
231	231
232	232	(B) (1) NOTHING IN THIS SUBTI TLE: 25
233	233
234	234	(I) AUTHORIZES AN EMPLOYEE TO BE IM PAIRED BY, TO USE, OR 26
235	235	TO POSSESS CANNABIS PRODUCT S DURING WORK HOURS ; OR 27
236	236
237	237	(II) REQUIRES AN EMPLOYER TO COMMIT AN ACT THA T WOULD: 28
238	238
239	239	1. CAUSE THE EMPLOYER T O VIOLATE FEDERAL LA W; OR 29
240	240
241	241	2. RESULT IN THE LOSS O F A FEDERAL CONTRACT OR 30 6 HOUSE BILL 525
242	242
243	243
244	244	FEDERAL FUNDING . 1
245	245
246	246	(2) THIS SUBTITLE DOES NO T PREEMPT FEDERAL LAW REQUIRIN G 2
247	247	APPLICANTS OR EMPLOY EES TO BE TESTED FOR CONTROLLED SUBSTANCE S AS A 3
248	248	CONDITION OF: 4
249	249
250	250	(I) EMPLOYMENT ; 5
251	251
252	252	(II) RECEIVING FEDERAL FU NDING OR FEDERAL 6
253	253	LICENSING–RELATED BENEFITS ; OR 7
254	254
255	255	(III) ENTERING INTO A FEDE RAL CONTRACT . 8
256	256
257	257	20–605. 9
258	258
259	259	(a) Notwithstanding any other provision of this subtitle, this subtitle does not 10
260	260	prohibit: 11
261	261
262	262	(1) an employer from hiring and employing employees, an employment 12
263	263	agency from classifying or referring for employment any individual, a labor organization 13
264	264	from classifying its membership or classifying or referring for employment any individual, 14
265	265	or an employer, labor organization, or joint labor–management committee controlling 15
266	266	apprenticeship or other training or retraining programs from admitting or employing any 16
267	267	individual in a program, on the basis of the individual’s sex, age, religion, national origin, 17
268	268	or disability, if sex, age, religion, national origin, or disability is a bona fide occupational 18
269	269	qualification reasonably necessary to the normal operation of that business or enterprise; 19
270	270
271	271	(2) an employer from establishing and requiring an employee to adhere to 20
272	272	reasonable workplace appearance, grooming, and dress standards that are directly related 21
273	273	to the nature of the employment of the employee and that are not precluded by any 22
274	274	provision of State or federal law, as long as the employer allows any employee to appear, 23
275	275	groom, and dress consistent with the employee’s gender identity; 24
276	276
277	277	(3) a school, college, university, or other educational institution from hiring 25
278	278	and employing employees of a particular religion, if: 26
279	279
280	280	(i) the institution is wholly or substantially owned, supported, 27
281	281	controlled, or managed by a particular religion or by a particular religious corporation, 28
282	282	association, or society; or 29
283	283
284	284	(ii) the curriculum of the institution is directed toward the 30
285	285	propagation of a particular religion; [or] 31
286	286
287	287	(4) except as provided in subsection (b) of this section, an employer, 32
288	288	employment agency, or labor organization from observing the terms of a bona fide seniority 33
289	289	system or any bona fide employee benefit plan, such as a retirement, pension, or insurance 34 HOUSE BILL 525 7
290	290
291	291
292	292	plan, that is not a subterfuge to evade the purposes of this subtitle; OR 1
293	293
294	294	(5) AN EMPLOYER FROM : 2
295	295
296	296	(I) PROHIBITING AN EMPLO YEE FROM POSSESSING OR USING 3
297	297	INTOXICATING SUBSTAN CES DURING WORK HOUR S; OR 4
298	298
299	299	(II) TAKING ADVERSE EMPLO YMENT ACTION AGAINST AN 5
300	300	EMPLOYEE FOR POSSESSING OR USING INTOXICATING SUBSTANCES DURING WO RK 6
301	301	HOURS. 7
302	302
303	303	(b) An employee benefit plan may not excuse the failure to hire any individual. 8
304	304
305	305	20–606. 9
306	306
307	307	(a) An employer may not: 10
308	308
309	309	(1) fail or refuse to hire, discharge, or otherwise discriminate against any 11
310	310	individual with respect to the individual’s compensation, terms, conditions, or privileges of 12
311	311	employment because of: 13
312	312
313	313	(i) the individual’s race, color, religion, sex, age, national origin, 14
314	314	marital status, sexual orientation, gender identity, genetic information, or disability 15
315	315	unrelated in nature and extent so as to reasonably preclude the performance of the 16
316	316	employment; or 17
317	317
318	318	(ii) the individual’s refusal to submit to a genetic test or make 18
319	319	available the results of a genetic test; 19
320	320
321	321	(2) UNLESS THE EMPLOYER HAS EST ABLISHED BY A 20
322	322	PREPONDERANCE OF THE EVIDENCE THAT AN UNLAWFUL USE OF CANN ABIS HAS 21
323	323	IMPAIRED AN INDIVIDUAL’S ABILITY TO PERFORM THE INDIVIDUAL’S JOB 22
324	324	RESPONSIBILITIES , TAKE AN ADVERSE EMPLOYMENT A CTION AGAINST THE 23
325	325	INDIVIDUAL BECAUSE OF: 24
326	326
327	327	(I) THE INDIVIDUAL ’S USE OF CANNABIS PR ODUCTS THAT IS 25
328	328	LAWFUL UNDER THE LAWS IN THE STATE THAT OCCURS OFF THE EMPLOYER ’S 26
329	329	PREMISES DURING NONW ORK HOURS; 27
330	330
331	331	(II) THE INDIVIDUAL’S POSITIVE DRUG TEST FOR 28
332	332	CANNABINOIDS OR CANNABIS METABOLI TES, UNLESS THE INDIVIDUA L USED, 29
333	333	POSSESSED, OR WAS UNDER THE INF LUENCE OF CANNABIS ON THE PREMISES OF 30
334	334	THE PLACE OF EMPLOYM ENT; OR 31
335	335
336	336	(III) THE INDIVIDUAL’S PRIOR ARREST OR CO NVICTION FOR A 32 8 HOUSE BILL 525
337	337
338	338
339	339	NONVIOLENT CANNABIS OFFENSE THAT DOES NO T INVOLVE DISTRIBUTI ON TO A 1
340	340	MINOR; 2
341	341
342	342	[(2)] (3) limit, segregate, or classify its employees or applicants for 3
343	343	employment in any way that would deprive or tend to deprive any individual of employment 4
344	344	opportunities or otherwise adversely affect the individual’s status as an employee because 5
345	345	of: 6
346	346
347	347	(i) the individual’s race, color, religion, sex, age, national origin, 7
348	348	marital status, sexual orientation, gender identity, genetic information, or disability 8
349	349	unrelated in nature and extent so as to reasonably preclude the performance of the 9
350	350	employment; or 10
351	351
352	352	(ii) the individual’s refusal to submit to a genetic test or make 11
353	353	available the results of a genetic test; 12
354	354
355	355	[(3)] (4) request or require genetic tests or genetic information as a 13
356	356	condition of hiring or determining benefits; 14
357	357
358	358	[(4)] (5) fail or refuse to make a reasonable accommodation for the known 15
359	359	disability of an otherwise qualified employee or an applicant for employment; or 16
360	360
361	361	[(5)] (6) engage in harassment of an employee. 17
362	362
363	363	(B) AN EMPLOYER MAY DETER MINE THAT AN INDIVID UAL’S ABILITY TO 18
364	364	PERFORM THE INDIVIDU AL’S JOB RESPONSIBILITI ES IS IMPAIRED UNDER 19
365	365	PARAGRAPH (A)(2) OF THIS SECTION IF T HE INDIVIDUAL MANIFE STS SPECIFIC 20
366	366	ARTICULABLE SYMPTOMS WHILE WORKING THAT D ECREASE OR LESSEN TH E 21
367	367	INDIVIDUAL’S PERFORMANCE OF THE DUTIES OR TASKS OF T HE INDIVIDUAL’S JOB. 22
368	368
369	369	[(b)] (C) An employment agency may not: 23
370	370
371	371	(1) fail or refuse to refer for employment or otherwise discriminate against 24
372	372	any individual because of the individual’s race, color, religion, sex, age, national origin, 25
373	373	marital status, sexual orientation, gender identity, or disability unrelated in nature and 26
374	374	extent so as to reasonably preclude the performance of the employment; or 27
375	375
376	376	(2) classify or refer for employment any individual on the basis of the 28
377	377	individual’s race, color, religion, sex, age, national origin, marital status, sexual 29
378	378	orientation, gender identity, or disability unrelated in nature and extent so as to reasonably 30
379	379	preclude the performance of the employment. 31
380	380
381	381	[(c)] (D) A labor organization may not: 32
382	382
383	383	(1) exclude or expel from its membership, or otherwise discriminate 33
384	384	against, any individual because of the individual’s race, color, religion, sex, age, national 34 HOUSE BILL 525 9
385	385
386	386
387	387	origin, marital status, sexual orientation, gender identity, or disability unrelated in nature 1
388	388	and extent so as to reasonably preclude the performance of the employment; 2
389	389
390	390	(2) limit, segregate, or classify its membership, or classify or fail or refuse 3
391	391	to refer for employment any individual, in any way that would deprive or tend to deprive 4
392	392	the individual of employment opportunities, limit the individual’s employment 5
393	393	opportunities, or otherwise adversely affect the individual’s status as an employee or as an 6
394	394	applicant for employment because of the individual’s race, color, religion, sex, age, national 7
395	395	origin, marital status, sexual orientation, gender identity, or disability unrelated in nature 8
396	396	and extent so as to reasonably preclude the performance of the employment; or 9
397	397
398	398	(3) cause or attempt to cause an employer to discriminate against an 10
399	399	individual in violation of this section. 11
400	400
401	401	[(d)] (E) An employer, labor organization, or joint labor–management committee 12
402	402	controlling apprenticeship or other training or retraining programs, including on–the–job 13
403	403	training programs, may not discriminate against any individual in admission to, or 14
404	404	employment in, any program established to provide apprenticeship or other training or 15
405	405	retraining because of the individual’s race, color, religion, sex, age, national origin, marital 16
406	406	status, sexual orientation, gender identity, or disability unrelated in nature and extent so 17
407	407	as to reasonably preclude the performance of the employment. 18
408	408
409	409	[(e)] (F) (1) Except as provided in paragraph (2) of this subsection, an 19
410	410	employer, labor organization, or employment agency may not print or cause to be printed 20
411	411	or published any notice or advertisement relating to employment by the employer, 21
412	412	membership in or any classification or referral for employment by the labor organization, 22
413	413	or any classification or referral for employment by the employment agency that indicates 23
414	414	any preference, limitation, specification, or discrimination based on race, color, religion, 24
415	415	sex, age, national origin, marital status, sexual orientation, gender identity, or disability. 25
416	416
417	417	(2) A notice or advertisement may indicate a preference, limitation, 26
418	418	specification, or discrimination based on religion, sex, age, national origin, marital status, 27
419	419	or disability if religion, sex, age, national origin, marital status, or disability is a bona fide 28
420	420	occupational qualification for employment. 29
421	421
422	422	[(f)] (G) An employer may not discriminate or retaliate against any of its 30
423	423	employees or applicants for employment, an employment agency may not discriminate 31
424	424	against any individual, and a labor organization may not discriminate or retaliate against 32
425	425	any member or applicant for membership because the individual has: 33
426	426
427	427	(1) opposed any practice prohibited by this subtitle; or 34
428	428
429	429	(2) made a charge, testified, assisted, or participated in any manner in an 35
430	430	investigation, proceeding, or hearing under this subtitle. 36
431	431
432	432	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 37
433	433	October 1, 2024. 38