EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0598*
HOUSE BILL 598
D5 4lr0430
CF SB 413
By: Delegates Boafo, Allen, Crutchfield, Feldmark, Fennell, Guyton, Harris,
Holmes, A. Johnson, D. Jones, Palakovich Carr, Patterson, Pruski, Rogers,
Shetty, Taveras, Taylor, Toles, Vogel, Wells, White Holland, Williams,
Wolek, and Woods
Introduced and read first time: January 24, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Discrimination – Military Status – Prohibition 2
FOR the purpose of prohibiting discrimination based on military status with regard to 3
public accommodation, housing, employment, financial transactions, education, 4
insurance, the provision of public utility services, and State personnel actions; and 5
generally relating to discrimination based on military status. 6
BY repealing and reenacting, with amendments, 7
Article – Commercial Law 8
Section 12–305, 12–503(b), 12–603, 12–702, and 12–704 9
Annotated Code of Maryland 10
(2013 Replacement Volume and 2023 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Education 13
Section 2–206(e), 13–303(d), 26–701, 26–703, and 26–704 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Health – General 18
Section 2–1001, 2–1002, 2–1003(a), 2–1004, 19–342(d)(7), and 19–355 19
Annotated Code of Maryland 20
(2023 Replacement Volume) 21
BY repealing and reenacting, with amendments, 22
Article – Human Services 23
Section 8–707(b)(1)(viii) 24 2 HOUSE BILL 598
Annotated Code of Maryland 1
(2019 Replacement Volume and 2023 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – Insurance 4
Section 2–202(a) and 15–1A–22 5
Annotated Code of Maryland 6
(2017 Replacement Volume and 2023 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Public Utilities 9
Section 7–507(h)(1), 17–402, and 17–402.1(a)(1) 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2023 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – State Government 14
Section 20–101, 20–302, 20–304, 20–401, 20–402, 20–501, 20–601(h), 20–602, 15
20–603, 20–604, 20–605, 20–606, 20–610, 20–702, 20–704(a), 20–705, 20–707, 16
and 20–1103(b) 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2023 Supplement) 19
BY repealing and reenacting, without amendments, 20
Article – State Government 21
Section 20–601(a) 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2023 Supplement) 24
BY repealing and reenacting, with amendments, 25
Article – State Personnel and Pensions 26
Section 2–302 27
Annotated Code of Maryland 28
(2015 Replacement Volume and 2023 Supplement) 29
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 30
That the Laws of Maryland read as follows: 31
Article – Commercial Law 32
12–305. 33
(a) In granting or denying an application for a loan, a licensee may not 34
discriminate against any loan applicant only on the basis of race, color, creed, national 35
origin, sex, marital status, [or] age, OR MILITARY STATUS , AS DEFINED IN § 20–101 OF 36
THE STATE GOVERNMENT ARTICLE. 37
HOUSE BILL 598 3
(b) (1) A licensee is not in violation of this section if the licensee is in 1
compliance with the federal Equal Credit Opportunity Act and the regulations adopted 2
under that act. 3
(2) Denying an application for a loan by an applicant who is a minor is not 4
discrimination on the basis of age. 5
12–503. 6
(b) (1) A seller or financial institution may not discriminate solely on the basis 7
of sex, marital status, geographic area of residence, neighborhood of residence, [or] age, OR 8
MILITARY STATUS , AS DEFINED IN § 20–101 OF THE STATE GOVERNMENT ARTICLE, 9
against a buyer who wishes to establish an account. Refusal to establish an account for a 10
buyer who is under the age of 18 is not discrimination solely on the basis of age. 11
(2) An application, questionnaire, or other written document used to 12
establish credit for an applicant may not contain any reference to the race, creed, color, [or] 13
national origin, OR MILITARY STATUS , AS DEFINED IN § 20–101 OF THE STATE 14
GOVERNMENT ARTICLE, of the applicant. 15
(3) An investigation made for the purpose of establishing credit for an 16
applicant may not contain any information pertaining to the race, creed, color, [or] national 17
origin, OR MILITARY STATUS , AS DEFINED IN § 20–101 OF THE STATE GOVERNMENT 18
ARTICLE, of the applicant. 19
12–603. 20
A seller or sales finance company may not discriminate against a buyer solely on the 21
basis of the sex, marital status, geographic area of residence, neighborhood of residence, 22
[or] age, OR MILITARY STATUS , AS DEFINED IN § 20–101 OF THE STATE 23
GOVERNMENT ARTICLE, of the buyer. Refusal to grant credit to a buyer who is under the 24
age of 18 is not discrimination solely on the basis of age. 25
12–702. 26
(a) The General Assembly finds that there is a need to insure that the various 27
financial institutions and other persons and firms engaged in the extension of credit 28
exercise their responsibility to make credit available with fairness, impartiality, and 29
without discrimination on the basis of sex or marital status. Economic stabilization would 30
be enhanced, and competition among the various financial institutions and other persons 31
and firms engaged in the extension of credit would be strengthened by an absence of 32
discrimination on the basis of sex, marital status, race, color, religion, national origin, [or] 33
age (provided the applicant has capacity to contract), OR MILITARY STATUS , AS DEFINED 34
IN § 20–101 OF THE STATE GOVERNMENT ARTICLE. 35
4 HOUSE BILL 598
(b) It is the purpose of this subtitle to require that financial institutions and other 1
persons and firms engaged in the extension of credit do not deny credit on the basis of sex, 2
marital status, race, color, religion, national origin, [or] age (provided the applicant has 3
capacity to contract), OR MILITARY STATUS , AS DEFINED IN § 20–101 OF THE STATE 4
GOVERNMENT ARTICLE. 5
12–704. 6
With respect to any aspect of a credit transaction: 7
(1) A creditor may not discriminate against any applicant on the basis of 8
sex, marital status, race, color, religion, national origin, [or] age, OR MILITARY STATUS , 9
AS DEFINED IN § 20–101 OF THE STATE GOVERNMENT ARTICLE; 10
(2) A creditor that complies with the applicable provisions of the federal 11
Equal Credit Opportunity Act, or regulations adopted under the federal Equal Credit 12
Opportunity Act, is in compliance with the requirements of this subtitle; and 13
(3) Any violation of the federal Equal Credit Opportunity Act, or any 14
regulation adopted under the federal Equal Credit Opportunity Act, is a violation of the 15
provisions of this subtitle. 16
Article – Education 17
2–206. 18
(e) (1) A noncollegiate educational institution may not operate in this State 19
without a certificate of approval from the State Board. 20
(2) The State Board shall issue a certificate of approval to a noncollegiate 21
educational institution if it finds that the facilities, conditions of entrance and scholarship, 22
and educational qualifications and standards are adequate and appropriate for: 23
(i) The purposes of the institution; 24
(ii) The programs, training, and courses to be taught by the 25
institution; and 26
(iii) The certificates and diplomas to be issued by it. 27
(3) The State Board may not issue a certificate of approval to an institution 28
that: 29
(i) Practices discrimination based on race, color, [or] national 30
origin, OR MILITARY STATUS , AS DEFINED IN § 20–101 OF THE STATE GOVERNMENT 31
ARTICLE; or 32 HOUSE BILL 598 5
(ii) Does not have a policy prohibiting a principal, vice principal, or 1
any other employee of the institution from administering corporal punishment to discipline 2
a student. 3
(4) This subsection does not apply to an institution operated by a bona fide 4
church organization, including the Amish and Mennonite church parochial schools. 5
However, an institution that does not have a certificate of approval from the State Board 6
may not receive State funds, except that an institution operated by a bona fide church 7
organization is not required to have a certificate to receive State funds for eligible students 8
in the food service program who are enrolled in nursery school through the eighth grade. 9
13–303. 10
(d) The Board of Directors shall operate the medical system without 11
discrimination based upon race, creed, sex, [or] national origin, OR MILITARY STATUS , AS 12
DEFINED IN § 20–101 OF THE STATE GOVERNMENT ARTICLE. 13
26–701. 14
(A) In this subtitle [, “race”] THE FOLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(B) “MILITARY STATUS” HAS THE MEANING STAT ED IN § 20–101 OF THE 17
STATE GOVERNMENT ARTICLE. 18
(C) “RACE” has the meaning stated in § 20–101 of the State Government Article. 19
26–703. 20
This subtitle does not require a nonpublic prekindergarten program or nonpublic 21
school that is religiously affiliated to enroll, retain, or extend privileges to a student or 22
prospective student who does not meet the usual and regular qualifications, requirements, 23
and standards of the program or school or to adopt any rule, regulation, or policy that 24
conflicts with the program or school’s religious or moral teachings, provided that the denial, 25
rule, regulation, or policy is not based on discrimination on the grounds of race, ethnicity, 26
color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, 27
[or] disability, OR MILITARY STATUS . 28
26–704. 29
(a) This section applies to: 30
(1) A county board; 31
(2) A public prekindergarten program; 32 6 HOUSE BILL 598
(3) A public primary or secondary school; 1
(4) A nonpublic prekindergarten program that receives State funds; and 2
(5) A nonpublic primary or secondary school that receives State funds. 3
(b) An entity listed under subsection (a) of this section may not: 4
(1) Discriminate against a current student, a prospective student, or the 5
parent or guardian of a current or prospective student on the basis of race, ethnicity, color, 6
religion, sex, age, national origin, marital status, sexual orientation, gender identity, [or] 7
disability, OR MILITARY STATUS ; 8
(2) Refuse enrollment of a prospective student, expel a current student, or 9
withhold privileges from a current student, a prospective student, or the parent or guardian 10
of a current or prospective student because of an individual’s race, ethnicity, color, religion, 11
sex, age, national origin, marital status, sexual orientation, gender identity, [or] disability, 12
OR MILITARY STATUS ; or 13
(3) Discipline, invoke a penalty against, or take any other retaliatory action 14
against a student or parent or guardian of a student who files a complaint alleging that the 15
program or school discriminated against the student, regardless of the outcome of the 16
complaint. 17
(c) An entity listed under subsection (a) of this section shall print in its student 18
handbook the following statement: 19
“It is the policy of the State of Maryland that all public and publicly funded schools 20
and school programs operate in compliance with: 21
(1) Title VI of the federal Civil Rights Act of 1964; and 22
(2) Title 26, Subtitle 7 of the Education Article of the Maryland Code, 23
which states that public and publicly funded schools and programs may not: 24
(i) Discriminate against a current student, a prospective student, or 25
the parent or guardian of a current or prospective student on the basis of race, ethnicity, 26
color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, 27
[or] disability, OR MILITARY STATUS ; 28
(ii) Refuse enrollment of a prospective student, expel a current 29
student, or withhold privileges from a current student, a prospective student, or the parent 30
or guardian of a current or prospective student because of an individual’s race, ethnicity, 31
color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, 32
[or] disability, OR MILITARY STATUS ; or 33 HOUSE BILL 598 7
(iii) Discipline, invoke a penalty against, or take any other retaliatory 1
action against a student or parent or guardian of a student who files a complaint alleging 2
that the program or school discriminated against the student, regardless of the outcome of 3
the complaint.”. 4
Article – Health – General 5
2–1001. 6
(a) In this subtitle the following words have the meanings indicated. 7
(b) “Commission” means the Commission on Civil Rights. 8
(c) “Gender identity” has the meaning stated in § 20–101 of the State Government 9
Article. 10
(D) “MILITARY STATUS” HAS THE MEANING STAT ED IN § 20–101 OF THE 11
STATE GOVERNMENT ARTICLE. 12
[(d)] (E) “Sexual orientation” has the meaning stated in § 20–101 of the State 13
Government Article. 14
[(e)] (F) “Unit of the Department” means a unit described under § 2–106 of this 15
title. 16
2–1002. 17
It is the policy of the State to: 18
(1) Provide affordable health care throughout the State to all regardless of 19
race, color, religion, sex, age, national origin, marital status, sexual orientation, gender 20
identity, [or] disability, OR MILITARY STATUS ; and 21
(2) Prohibit discrimination with respect to the provision of health care by 22
any person, in order to protect and ensure the peace, health, safety, prosperity, and general 23
welfare of all. 24
2–1003. 25
(a) (1) Notwithstanding any other law and except as provided in paragraph (2) 26
of this subsection, the Secretary or a unit of the Department has exclusive jurisdiction to 27
enforce by administrative action the laws of the State as provided for under this article and 28
the Health Occupations Article. 29
(2) The Commission on Civil Rights has concurrent jurisdiction with the 30
Secretary or a unit of the Department over alleged discrimination on the basis of race, color, 31 8 HOUSE BILL 598
religion, sex, age, national origin, marital status, sexual orientation, gender identity, [or] 1
disability, OR MILITARY STATUS . 2
2–1004. 3
(a) This section does not prohibit a person that is licensed or otherwise regulated 4
by the Department or a unit of the Department from refusing, withholding from, or denying 5
any person services for failure to conform to the usual and regular requirements, standards, 6
and regulations imposed by the licensed or regulated person, unless the refusal, 7
withholding, or denial is based on discrimination on the grounds of race, color, religion, sex, 8
age, national origin, marital status, sexual orientation, gender identity, [or] disability, OR 9
MILITARY STATUS . 10
(b) A person that is licensed or otherwise regulated by the Department or a unit 11
in the Department may not discriminate against any person because of the person’s race, 12
color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, 13
[or] disability, OR MILITARY STATUS . 14
19–342. 15
(d) The patient’s bill of rights shall at a minimum include a statement, in plain 16
language, that a patient has a right to: 17
(7) Be treated without discrimination based on race, color, national origin, 18
ethnicity, age, gender, sexual orientation, gender identity or expression, physical or mental 19
disability, religion, language, [or] ability to pay, OR MILITARY STATUS , AS DEFINED IN § 20
20–101 OF THE STATE GOVERNMENT ARTICLE; 21
19–355. 22
(a) In this section, “gender identity”, “MILITARY STATUS ”, and “sexual 23
orientation” have the meanings stated in § 20–101 of the State Government Article. 24
(b) This section does not prohibit a hospital or related institution that is licensed 25
or otherwise regulated by the Department or a unit of the Department from refusing, 26
withholding from, or denying any person services for failure to conform to the usual and 27
regular requirements, standards, and regulations imposed by the licensed or regulated 28
hospital or related institution, unless the refusal, withholding, or denial is based on 29
discrimination on the grounds of race, color, religion, sex, age, national origin, marital 30
status, sexual orientation, gender identity, [or] disability, OR MILITARY STATUS . 31
(c) A hospital or related institution may not discriminate against any individual 32
with respect to the individual’s medical care because of the race, color, religion, sex, age, 33
national origin, marital status, sexual orientation, gender identity, [or] disability, OR 34
MILITARY STATUS of the individual. 35
HOUSE BILL 598 9
(d) The Commission on Civil Rights shall enforce this section as provided in Title 1
20 of the State Government Article. 2
Article – Human Services 3
8–707. 4
(b) A contract awarded or renewed between an agency and a provider shall 5
require the provider to: 6
(1) post conspicuously a “Residents’ Bill of Rights” in the facility of the 7
provider stating that a resident has a right: 8
(viii) not to be discriminated against on the basis of race, color, 9
religion, national origin, sex, age, marital status, personal appearance, sexual orientation, 10
familial status, family responsibilities, matriculation, political affiliation, disability, source 11
of income, [or] place of residence or business, OR MILITARY STATUS , AS DEFINED IN § 12
20–101 OF THE STATE GOVERNMENT ARTICLE; and 13
Article – Insurance 14
2–202. 15
(a) (1) Notwithstanding any other law and except as provided in paragraph (2) 16
of this subsection, the Commissioner has exclusive jurisdiction to enforce by administrative 17
action the laws of the State that relate to the underwriting or rate–setting practices of an 18
insurer. 19
(2) The Commission on Civil Rights has concurrent jurisdiction with the 20
Commissioner over alleged discrimination on the basis of race, creed, color, [or] national 21
origin, OR MILITARY STATUS , AS DEFINED IN § 20–101 OF THE STATE GOVERNMENT 22
ARTICLE. 23
15–1A–22. 24
(a) (1) In this section the following words have the meanings indicated. 25
(2) “Gender identity” has the meaning stated in § 20–101 of the State 26
Government Article. 27
(3) “MILITARY STATUS” HAS THE MEANING STAT ED IN § 20–101 OF 28
THE STATE GOVERNMENT ARTICLE. 29
[(3)] (4) “Sexual orientation” has the meaning stated in § 20–101 of the 30
State Government Article. 31
10 HOUSE BILL 598
(b) This section does not prohibit a carrier from refusing, withholding, or denying 1
coverage under a health benefit plan to any individual for failure to conform to the usual 2
and regular requirements, standards, and regulations of the carrier, unless the denial is 3
based on discrimination on the grounds of race, sex, color, creed, national origin, marital 4
status, sexual orientation, age, gender identity, [or] disability, OR MILITARY STATUS . 5
(c) This section does not apply to limitations or restrictions related to age or 6
marital status that are specifically authorized or required under this article to limit or 7
restrict eligibility for insurance coverage or benefits. 8
(d) A carrier may not refuse, withhold, or deny any individual coverage under a 9
health benefit plan offered by the carrier or otherwise discriminate against any individual 10
because of the individual’s race, sex, creed, color, national origin, marital status, sexual 11
orientation, age, gender identity, [or] disability, OR MILITARY STATUS . 12
(e) The Commission on Civil Rights shall enforce the provisions of this section as 13
provided for in § 2–202 of this article. 14
Article – Public Utilities 15
7–507. 16
(h) (1) An electricity supplier may not discriminate against any customer 17
based wholly or partly on race, color, creed, national origin, [or] sex, OR MILITARY 18
STATUS, AS DEFINED IN § 20–101 OF THE STATE GOVERNMENT ARTICLE, of an 19
applicant for service or for any arbitrary, capricious, or unfairly discriminatory reason. 20
17–402. 21
The Commission may not discriminate against a person on the basis of sex, race, 22
creed, color, age, mental or physical disability, sexual orientation, religion, marital status, 23
gender identity, genetic information, family responsibilities, [or] national origin, OR 24
MILITARY STATUS , AS DEFINED IN § 20–101 OF THE STATE GOVERNMENT ARTICLE. 25
17–402.1. 26
(a) (1) The Commission may not enter into a contract unless the contract 27
contains a provision obliging the contractor: 28
(i) not to discriminate in any manner against an employee or an 29
applicant for employment on the basis of sex, race, creed, color, age, mental or physical 30
disability, sexual orientation, religion, marital status, gender identity, genetic information, 31
[or] national origin, OR MILITARY STATUS , AS DEFINED IN § 20–101 OF THE STATE 32
GOVERNMENT ARTICLE; and 33
HOUSE BILL 598 11
(ii) to include a similar nondiscrimination provision in all 1
subcontracts. 2
Article – State Government 3
20–101. 4
(a) In Subtitles 1 through 11 of this title the following words have the meanings 5
indicated. 6
(b) “Commission” means the Commission on Civil Rights. 7
(c) “Complainant” means a person that files a complaint alleging a discriminatory 8
act under this title. 9
(d) “Discriminatory act” means an act prohibited under: 10
(1) Subtitle 3 of this title (Discrimination in Places of Public 11
Accommodation); 12
(2) Subtitle 4 of this title (Discrimination by Persons Licensed or Regulated 13
by Maryland Department of Labor); 14
(3) Subtitle 5 of this title (Discrimination in Leasing of Commercial 15
Property); 16
(4) Subtitle 6 of this title (Discrimination in Employment); 17
(5) Subtitle 7 of this title (Discrimination in Housing); or 18
(6) Subtitle 8 of this title (Aiding, Abetting, or Attempting Discriminatory 19
Act; Obstructing Compliance). 20
(e) “Gender identity” means the gender–related identity, appearance, expression, 21
or behavior of a person, regardless of the person’s assigned sex at birth, which may be 22
demonstrated by: 23
(1) consistent and uniform assertion of the person’s gender identity; or 24
(2) any other evidence that the gender identity is sincerely held as part of 25
the person’s core identity. 26
(F) “MILITARY STATUS” MEANS THE STATUS OF BEING: 27
(1) A MEMBER OF THE UNIF ORMED SERVICES , AS DEFINED I N 10 28
U.S.C. § 101; 29
12 HOUSE BILL 598
(2) A MEMBER OF A RESERV E COMPONENT OF THE A RMED FORCES OF 1
THE UNITED STATES, AS LISTED IN 10 U.S.C. § 10101; 2
(3) A VETERAN, AS DEFINED IN 30 U.S.C. § 101(2); OR 3
(4) A DEPENDENT , AS DEFINED IN 50 U.S.C. § 3911(4). 4
[(f)] (G) “Protective hairstyle” includes braids, twists, and locks. 5
[(g)] (H) “Race” includes traits associated with race, including hair texture, afro 6
hairstyles, and protective hairstyles. 7
[(h)] (I) (1) “Respondent” means a person accused in a complaint of a 8
discriminatory act. 9
(2) “Respondent” includes a person identified during an investigation of a 10
complaint and joined as an additional or substitute respondent. 11
[(i)] (J) “Sexual orientation” means the identification of an individual as to 12
male or female homosexuality, heterosexuality, or bisexuality. 13
20–302. 14
This subtitle does not prohibit the proprietor or employees of any establishment from 15
denying service to any person for failure to conform to the usual and regular requirements, 16
standards, and regulations of the establishment, provided that the denial is not based on 17
discrimination on the grounds of race, sex, age, color, creed, national origin, marital status, 18
sexual orientation, gender identity, [or] disability, OR MILITARY STATUS . 19
20–304. 20
An owner or operator of a place of public accommodation or an agent or employee of 21
the owner or operator may not refuse, withhold from, or deny to any person any of the 22
accommodations, advantages, facilities, or privileges of the place of public accommodation 23
because of the person’s race, sex, age, color, creed, national origin, marital status, sexual 24
orientation, gender identity, [or] disability, OR MILITARY STATUS . 25
20–401. 26
This subtitle does not prohibit any person that is licensed or regulated by the 27
Maryland Department of Labor from refusing, withholding from, or denying 28
accommodations, advantages, facilities, privileges, sales, or services to any person for 29
failure to conform to the usual and regular requirements, standards, and regulations of the 30
licensed or regulated person, provided that the denial is not based on discrimination on the 31
grounds of race, sex, color, creed, national origin, marital status, sexual orientation, age, 32
gender identity, [or] disability, OR MILITARY STATUS . 33 HOUSE BILL 598 13
20–402. 1
A person that is licensed or regulated by a unit in the Maryland Department of Labor 2
listed in § 2–108 of the Business Regulation Article may not refuse, withhold from, or deny 3
any person any of the accommodations, advantages, facilities, privileges, sales, or services 4
of the licensed or regulated person or discriminate against any person because of the 5
person’s race, sex, creed, color, national origin, marital status, sexual orientation, age, 6
gender identity, [or] disability, OR MILITARY STATUS . 7
20–501. 8
An owner or operator of commercial property, an agent or employee of the owner or 9
operator of commercial property, or a person that is licensed or regulated by the State may 10
not discriminate against an individual in the terms, conditions, or privileges of the leasing 11
of property for commercial use, or in the provision of services or facilities in connection with 12
the leasing of property for commercial use, because of the individual’s race, color, religion, 13
sex, age, disability, marital status, sexual orientation, gender identity, [or] national origin, 14
OR MILITARY STATUS . 15
20–601. 16
(a) In this subtitle the following words have the meanings indicated. 17
(h) “Harassment” includes: 18
(1) unwelcome and offensive conduct, which need not be severe or 19
pervasive, when: 20
(i) the conduct is based on race, color, religion, ancestry or national 21
origin, sex, age, marital status, sexual orientation, gender identity, [or] disability, OR 22
MILITARY STATUS ; and 23
(ii) 1. submission to the conduct is made either explicitly or 24
implicitly a term or condition of employment of an individual; 25
2. submission to or rejection of the conduct is used as a basis 26
for employment decisions affecting the individual; or 27
3. based on the totality of the circumstances, the conduct 28
unreasonably creates a working environment that a reasonable person would perceive to 29
be abusive or hostile; and 30
(2) sexual harassment. 31
20–602. 32
14 HOUSE BILL 598
It is the policy of the State, in the exercise of its police power for the protection of the 1
public safety, public health, and general welfare, for the maintenance of business and good 2
government, and for the promotion of the State’s trade, commerce, and manufacturers: 3
(1) to assure all persons equal opportunity in receiving employment and in 4
all labor management–union relations, regardless of race, color, religion, ancestry or 5
national origin, sex, age, marital status, sexual orientation, gender identity, MILITARY 6
STATUS, or disability unrelated in nature and extent so as to reasonably preclude the 7
performance of the employment; and 8
(2) to that end, to prohibit discrimination in employment by any person. 9
20–603. 10
This subtitle does not require: 11
(1) an employer, employment agency, labor organization, or joint 12
labor–management committee subject to this subtitle to grant preferential treatment to 13
any individual or group on the basis of the race, color, religion, sex, age, national origin, 14
gender identity, sexual orientation, [or] disability, OR MILITARY STATUS of the individual 15
or group because an imbalance may exist with respect to the total number or percentage of 16
individuals of any race, color, religion, sex, age, national origin, gender identity, [or] sexual 17
orientation, OR MILITARY STATUS or individuals with disabilities employed by the 18
employer, referred or classified for employment by the employment agency or labor 19
organization, admitted to membership or classified by the labor organization, or admitted 20
to, or employed in, any apprenticeship or other training program, compared to the total 21
number or percentage of individuals of that race, color, religion, sex, age, national origin, 22
gender identity, [or] sexual orientation, OR MILITARY STATUS or individuals with 23
disabilities in the State or any community, section, or other area, or in the available work 24
force in the State or any community, section, or other area; or 25
(2) an employer to reasonably accommodate an employee’s religion or 26
disability, or an applicant for employment’s disability, if the accommodation would cause 27
undue hardship on the conduct of the employer’s business. 28
20–604. 29
This subtitle does not apply to: 30
(1) an employer with respect to the employment of aliens outside of the 31
State; or 32
(2) a religious corporation, association, educational institution, or society 33
with respect to the employment of individuals of a particular religion, sexual orientation, 34
[or] gender identity, OR MILITARY STATUS to perform work connected with the activities 35
of the religious entity. 36 HOUSE BILL 598 15
20–605. 1
(a) Notwithstanding any other provision of this subtitle, this subtitle does not 2
prohibit: 3
(1) an employer from hiring and employing employees, an employment 4
agency from classifying or referring for employment any individual, a labor organization 5
from classifying its membership or classifying or referring for employment any individual, 6
or an employer, labor organization, or joint labor–management committee controlling 7
apprenticeship or other training or retraining programs from admitting or employing any 8
individual in a program, on the basis of the individual’s sex, age, religion, national origin, 9
[or] disability, OR MILITARY STATUS , if sex, age, religion, national origin, [or] disability, 10
OR MILITARY STATUS is a bona fide occupational qualification reasonably necessary to the 11
normal operation of that business or enterprise; 12
(2) an employer from establishing and requiring an employee to adhere to 13
reasonable workplace appearance, grooming, and dress standards that are directly related 14
to the nature of the employment of the employee and that are not precluded by any 15
provision of State or federal law, as long as the employer allows any employee to appear, 16
groom, and dress consistent with the employee’s gender identity; 17
(3) a school, college, university, or other educational institution from hiring 18
and employing employees of a particular religion, if: 19
(i) the institution is wholly or substantially owned, supported, 20
controlled, or managed by a particular religion or by a particular religious corporation, 21
association, or society; or 22
(ii) the curriculum of the institution is directed toward the 23
propagation of a particular religion; or 24
(4) except as provided in subsection (b) of this section, an employer, 25
employment agency, or labor organization from observing the terms of a bona fide seniority 26
system or any bona fide employee benefit plan, such as a retirement, pension, or insurance 27
plan, that is not a subterfuge to evade the purposes of this subtitle. 28
(b) An employee benefit plan may not excuse the failure to hire any individual. 29
20–606. 30
(a) An employer may not: 31
(1) fail or refuse to hire, discharge, or otherwise discriminate against any 32
individual with respect to the individual’s compensation, terms, conditions, or privileges of 33
employment because of: 34
16 HOUSE BILL 598
(i) the individual’s race, color, religion, sex, age, national origin, 1
marital status, sexual orientation, gender identity, genetic information, MILITARY 2
STATUS, or disability unrelated in nature and extent so as to reasonably preclude the 3
performance of the employment; or 4
(ii) the individual’s refusal to submit to a genetic test or make 5
available the results of a genetic test; 6
(2) limit, segregate, or classify its employees or applicants for employment 7
in any way that would deprive or tend to d eprive any individual of employment 8
opportunities or otherwise adversely affect the individual’s status as an employee because 9
of: 10
(i) the individual’s race, color, religion, sex, age, national origin, 11
marital status, sexual orientation, gender identity, genetic information, MILITARY 12
STATUS, or disability unrelated in nature and extent so as to reasonably preclude the 13
performance of the employment; or 14
(ii) the individual’s refusal to submit to a genetic test or make 15
available the results of a genetic test; 16
(3) request or require genetic tests or genetic information as a condition of 17
hiring or determining benefits; 18
(4) fail or refuse to make a reasonable accommodation for the known 19
disability of an otherwise qualified employee or an applicant for employment; or 20
(5) engage in harassment of an employee. 21
(b) An employment agency may not: 22
(1) fail or refuse to refer for employment or otherwise discriminate against 23
any individual because of the individual’s race, color, religion, sex, age, national origin, 24
marital status, sexual orientation, gender identity, MILITARY STATUS , or disability 25
unrelated in nature and extent so as to reasonably preclude the performance of the 26
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, MILITARY STATUS , or disability unrelated in nature and 30
extent so as to reasonably preclude the performance of the employment. 31
(c) 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 598 17
origin, marital status, sexual orientation, gender identity, MILITARY STATUS , or disability 1
unrelated in nature and extent so as to reasonably preclude the performance of the 2
employment; 3
(2) limit, segregate, or classify its membership, or classify or fail or refuse 4
to refer for employment any individual, in any way that would deprive or tend to deprive 5
the individual of employment opportunities, limit the i ndividual’s employment 6
opportunities, or otherwise adversely affect the individual’s status as an employee or as an 7
applicant for employment because of the individual’s race, color, religion, sex, age, national 8
origin, marital status, sexual orientation, gender identity, MILITARY STATUS , or disability 9
unrelated in nature and extent so as to reasonably preclude the performance of the 10
employment; or 11
(3) cause or attempt to cause an employer to discriminate against an 12
individual in violation of this section. 13
(d) An employer, labor organization, or joint labor–management committee 14
controlling apprenticeship or other training or retraining programs, including on–the–job 15
training programs, may not discriminate against any individual in admission to, or 16
employment in, any program established to provide apprenticeship or other training or 17
retraining because of the individual’s race, color, religion, sex, age, national origin, marital 18
status, sexual orientation, gender identity, MILITARY STATUS , or disability unrelated in 19
nature and extent so as to reasonably preclude the performance of the employment. 20
(e) (1) Except as provided in paragraph (2) of this subsection, an employer, 21
labor organization, or employment agency may not print or cause to be printed or published 22
any notice or advertisement relating to employment by the employer, membership in or any 23
classification or referral for employment by the labor organization, or any classification or 24
referral for employment by the employment agency that indicates any preference, 25
limitation, specification, or discrimination based on race, color, religion, sex, age, national 26
origin, marital status, sexual orientation, gender identity, [or] disability, OR MILITARY 27
STATUS. 28
(2) A notice or advertisement may indicate a preference, limitation, 29
specification, or discrimination based on religion, sex, age, national origin, marital status, 30
[or] disability, OR MILITARY STATUS if religion, sex, age, national origin, marital status, 31
[or] disability, OR MILITARY STATUS is a bona fide occupational qualification for 32
employment. 33
(f) An employer may not discriminate or retaliate against any of its employees or 34
applicants for employment, an employment agency may not discriminate against any 35
individual, and a labor organization may not discriminate or retaliate against any member 36
or applicant for membership because the individual has: 37
(1) opposed any practice prohibited by this subtitle; or 38
18 HOUSE BILL 598
(2) made a charge, testified, assisted, or participated in any manner in an 1
investigation, proceeding, or hearing under this subtitle. 2
20–610. 3
(a) In this section, “intern” means an individual who performs work for an 4
employer for the purpose of training if: 5
(1) the employer is not committed to hire the individual at the conclusion 6
of the training period; 7
(2) the employer and the individual agree that the individual is not entitled 8
to wages for the work performed; and 9
(3) the work performed: 10
(i) supplements training given in an educational environment that 11
may enhance the employability of the individual; 12
(ii) provides experience for the benefit of the individual; 13
(iii) does not displace regular employees; and 14
(iv) is performed under the close supervision of existing staff. 15
(b) An employer may not: 16
(1) fail or refuse to offer an internship, terminate an internship, or 17
otherwise discriminate against an individual with respect to the terms, conditions, or 18
privileges of an internship because of the individual’s race, color, religion, sex, age, national 19
origin, marital status, sexual orientation, gender identity, MILITARY STATUS , or disability 20
unrelated in nature and extent so as to reasonably preclude the performance of the 21
internship; 22
(2) limit, segregate, or classify its interns or applicants for internships in 23
any way that would deprive or tend to deprive any individual of internship opportunities 24
or otherwise adversely affect the individual’s status as an intern because of the individual’s 25
race, color, religion, sex, age, national origin, marital status, sexual orientation, gender 26
identity, MILITARY STATUS , or disability unrelated in nature and extent so as to 27
reasonably preclude the performance of the internship; 28
(3) fail or refuse to make a reasonable accommodation for the known 29
disability of an otherwise qualified intern; or 30
(4) discriminate or retaliate against any of its interns or applicants for 31
internships because the individual has: 32
HOUSE BILL 598 19
(i) opposed any practice prohibited by this subtitle; or 1
(ii) made a charge, testified, assisted, or participated in any manner 2
in an investigation, a proceeding, or a hearing under this subtitle. 3
(c) (1) Except as provided in paragraph (2) of this subsection, an employer may 4
not print or cause to be printed or published any notice or advertisement relating to an 5
internship with the employer that indicates any preference, limitation, specification, or 6
discrimination based on race, color, religion, sex, age, national origin, marital status, sexual 7
orientation, gender identity, [or] disability, OR MILITARY STATUS . 8
(2) A notice or an advertisement may indicate a preference, limitation, 9
specification, or discrimination based on religion, sex, age, national origin, marital status, 10
[or] disability, OR MILITARY STATUS if religion, sex, age, national origin, marital status, 11
[or] disability, OR MILITARY STATUS is a bona fide occupational qualification for the 12
internship. 13
(d) An intern claiming to be aggrieved by an alleged discriminatory act prohibited 14
under this section: 15
(1) shall have access to any internal procedure the employer has for 16
resolving a complaint by an employee of sexual harassment or other discrimination; or 17
(2) if the employer does not have an internal procedure for resolving a 18
complaint of sexual harassment or other discrimination, may file a complaint with the 19
Commission for the nonmonetary administrative remedies provided under Subtitle 10 of 20
this title. 21
(e) This section does not create and may not be construed as creating an 22
employment relationship between an employer and an intern for the purposes of: 23
(1) a civil cause of action or monetary damages under Subtitle 10 of this 24
title; 25
(2) any provision of the Labor and Employment Article; or 26
(3) any provision of the State Personnel and Pensions Article. 27
20–702. 28
(a) It is the policy of the State: 29
(1) to provide for fair housing throughout the State to all, regardless of 30
race, color, religion, sex, familial status, national origin, marital status, sexual orientation, 31
gender identity, disability, [or] source of income, OR MILITARY STATUS ; and 32
20 HOUSE BILL 598
(2) to that end, to prohibit discriminatory practices with respect to 1
residential housing by any person, in order to protect and ensure the peace, health, safety, 2
prosperity, and general welfare of all. 3
(b) This subtitle: 4
(1) is an exercise of the police power of the State for the protection of the 5
people of the State; and 6
(2) shall be administered and enforced by the Commission and, as provided 7
in this title, enforced by the appropriate State court. 8
20–704. 9
(a) This subtitle does not apply to: 10
(1) the sale or rental of a single–family dwelling, if the dwelling is sold or 11
rented without: 12
(i) the use of the sales or rental facilities or services of any: 13
1. real estate broker, agent, or salesperson; 14
2. agent of any real estate broker, agent, or salesperson; 15
3. person in the business of selling or renting dwellings; or 16
4. agent of a person in the business of selling or renting 17
dwellings; or 18
(ii) the publication, posting, or mailing, after notice, of any 19
advertisement or written notice in violation of this subtitle; and 20
(2) with respect to discrimination on the basis of sex, sexual orientation, 21
gender identity, marital status, MILITARY STATUS , or source of income if the source of 22
income is low–income housing assistance certificates or vouchers issued under the United 23
States Housing Act of 1937: 24
(i) the rental of rooms in any dwelling, if the owner maintains the 25
dwelling as the owner’s principal residence; or 26
(ii) the rental of any apartment in a dwelling that contains not more 27
than five rental units, if the owner maintains the dwelling as the owner’s principal 28
residence. 29
20–705. 30
HOUSE BILL 598 21
Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: 1
(1) refuse to sell or rent after the making of a bona fide offer, refuse to 2
negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any 3
person because of race, color, religion, sex, disability, marital status, familial status, sexual 4
orientation, gender identity, national origin, [or] source of income, OR MILITARY STATUS ; 5
(2) discriminate against any person in the terms, conditions, or privileges 6
of the sale or rental of a dwelling, or in the provision of services or facilities in connection 7
with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital 8
status, familial status, sexual orientation, gender identity, national origin, [or] source of 9
income, OR MILITARY STATUS ; 10
(3) make, print, or publish, or cause to be made, printed, or published, any 11
notice, statement, or advertisement with respect to the sale or rental of a dwelling that 12
indicates any preference, limitation, or discrimination based on race, color, religion, sex, 13
disability, marital status, familial status, sexual orientation, gender identity, national 14
origin, [or] source of income, OR MILITARY STATUS , or an intention to make any 15
preference, limitation, or discrimination; 16
(4) represent to any person, because of race, color, religion, sex, disability, 17
marital status, familial status, sexual orientation, gender identity, national origin, [or] 18
source of income, OR MILITARY STATUS , that any dwelling is not available for inspection, 19
sale, or rental when the dwelling is available; or 20
(5) for profit, induce or attempt to induce any person to sell or rent any 21
dwelling by representations regarding the entry or prospective entry into the neighborhood 22
of a person of a particular race, color, religion, sex, disability, marital status, familial status, 23
sexual orientation, gender identity, national origin, [or] source of income, OR MILITARY 24
STATUS. 25
20–707. 26
(a) In this section, “residential real estate–related transaction” means: 27
(1) the making or purchasing of loans or providing other financial 28
assistance: 29
(i) for purchasing, constructing, improving, repairing, or 30
maintaining a dwelling; or 31
(ii) secured by residential real estate; or 32
(2) the selling, brokering, or appraising of residential real property. 33
22 HOUSE BILL 598
(b) (1) A person whose business includes engaging in residential real 1
estate–related transactions may not discriminate against any person in making available 2
a transaction, or in the terms or conditions of a transaction, because of race, color, religion, 3
sex, disability, marital status, familial status, sexual orientation, gender identity, national 4
origin, [or] source of income, OR MILITARY STATUS . 5
(2) Paragraph (1) of this subsection does not prohibit a person engaged in 6
the business of furnishing appraisals of real property from taking into consideration factors 7
other than race, color, religion, sex, disability, marital status, familial status, sexual 8
orientation, gender identity, national origin, [or] source of income, OR MILITARY STATUS . 9
(c) A person may not, because of race, color, religion, sex, disability, marital 10
status, familial status, sexual orientation, gender identity, national origin, [or] source of 11
income, OR MILITARY STATUS : 12
(1) deny a person access to, or membership or participation in, a 13
multiple–listing service, real estate brokers’ organization, or other service, organization, or 14
facility relating to the business of selling or renting dwellings; or 15
(2) discriminate against a person in the terms or conditions of membership 16
or participation. 17
20–1103. 18
(b) Whether or not acting under color of law, a person may not, by force or threat 19
of force, willfully injure, intimidate, interfere with, or attempt to injure, intimidate, or 20
interfere with: 21
(1) any person because of race, color, religion, sex, disability, marital 22
status, familial status, sexual orientation, gender identity, national origin, [or] source of 23
income, OR MILITARY STATUS and because the person is or has been: 24
(i) selling, purchasing, renting, financing, occupying, or contracting 25
or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling; or 26
(ii) applying for or participating in any service, organization, or 27
facility relating to the business of selling or renting dwellings; 28
(2) any person because the person is or has been, or in order to intimidate 29
the person or any other person or any class of persons from: 30
(i) participating, without discrimination on account of race, color, 31
religion, sex, disability, marital status, familial status, sexual orientation, gender identity, 32
national origin, [or] source of income, OR MILITARY STATUS , in any of the activities, 33
services, organizations, or facilities described in item (1) of this subsection; or 34
HOUSE BILL 598 23
(ii) affording another person or class of persons the opportunity or 1
protection to participate in any of the activities, services, organizations, or facilities 2
described in item (1) of this subsection; or 3
(3) any person because the person is or has been, or in order to discourage 4
the person or any other person from: 5
(i) lawfully aiding or encouraging other persons to participate, 6
without discrimination on account of race, color, religion, sex, disability, marital status, 7
familial status, sexual orientation, gender identity, national origin, [or] source of income, 8
OR MILITARY STATUS , in any of the activities, services, organizations, or facilities 9
described in item (1) of this subsection; or 10
(ii) participating lawfully in speech or peaceful assembly opposing 11
any denial of the opportunity to participate in any of the activities, services, organizations, 12
or facilities described in item (1) of this subsection. 13
Article – State Personnel and Pensions 14
2–302. 15
(a) The State recognizes and honors the value and dignity of every person and 16
understands the importance of providing employees and applicants for employment with a 17
fair opportunity to pursue their careers in an environment free of discrimination or 18
harassment prohibited by law. 19
(b) (1) Except as provided in paragraph (2) of this subsection or by other law, 20
all personnel actions concerning a State employee or applicant for employment in State 21
government shall be made without regard to: 22
(i) age; 23
(ii) ancestry; 24
(iii) color; 25
(iv) creed; 26
(v) gender identity; 27
(vi) marital status; 28
(vii) mental or physical disability; 29
(VIII) MILITARY STATUS , AS DEFINED IN § 20–101 OF THE STATE 30
GOVERNMENT ARTICLE; 31
24 HOUSE BILL 598
[(viii)] (IX) national origin; 1
[(ix)] (X) race; 2
[(x)] (XI) religious affiliation, belief, or opinion; 3
[(xi)] (XII) sex; or 4
[(xii)] (XIII) sexual orientation. 5
(2) A personnel action may be taken with regard to age, sex, or disability 6
to the extent that age, sex, or physical or mental qualification is required by law or is a 7
bona fide occupational qualification. 8
(c) (1) Each State employee is expected to assume personal responsibility and 9
leadership in ensuring fair employment practices and equal employment opportunity in 10
Maryland State government. 11
(2) Employment discrimination and harassment b y State managers, 12
supervisors, or other employees is prohibited. 13
(3) A State employee who violates this subtitle is subject to disciplinary 14
action by the employee’s appointing authority, including the termination of State 15
employment. 16
(d) The Equal Employment Opportunity Program in Title 5, Subtitle 2 of this 17
article governs all employees of any unit in the Executive Branch of State government, 18
including a unit with an independent personnel system. 19
(e) (1) At least annually, the Secretary shall report on the Equal Employment 20
Opportunity Program established in § 5–202 of this article to the Joint Committee on Fair 21
Practices and State Personnel Oversight. 22
(2) The head of a personnel system in the Legislative and Judicial branches 23
may report periodically on equal employment opportunity programs and policies in effect 24
in that personnel system to the Joint Committee on Fair Practices and State Personnel 25
Oversight. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2024. 28