EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0788*
HOUSE BILL 788
D5 4lr0769
HB 1163/23 – JUD
By: Delegates Alston, Acevero, Davis, Fennell, Kaufman, J. Long, and Roberson
Introduced and read first time: January 31, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Human Relations – Protections Against Discrimination – Criminal Records 2
FOR the purpose of prohibiting discrimination based on an individual’s criminal record in 3
public accommodations, commercial leasing, housing, and employment and by 4
certain licensed or regulated persons; establishing certain exceptions to certain 5
prohibitions established under this Act; establishing that certain crimes are not 6
included in the definition of “criminal record” for the purposes of certain provisions 7
prohibiting discrimination; and generally relating to discrimination based on an 8
individual’s criminal record. 9
BY renumbering 10
Article – State Government 11
Section 20–101(d) through (i) 12
to be Section 20–101(e) through (j), respectively 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – State Government 17
Section 20–101(a), 20–301, and 20–601(a) 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2023 Supplement) 20
BY adding to 21
Article – State Government 22
Section 20–101(d) and (k) 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2023 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – State Government 27 2 HOUSE BILL 788
Section 20–302, 20–304, 20–401, 20–402, 20–501, 20–601(h), 20–602, 20–603, 1
20–604, 20–605(a)(1), 20–606(a) through (e), 20–610(b)(1) and (2) and (c), 2
20–702(a), 20–703, 20–705, 20–707(b) and (c), and 20–1103(b) 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2023 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – State Personnel and Pensions 7
Section 2–302 8
Annotated Code of Maryland 9
(2015 Replacement Volume and 2023 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That Section(s) 20–101(d) through (i) of Article – State Government of the Annotated Code 12
of Maryland be renumbered to be Section(s) 20–101(e) through (j), respectively. 13
SECTION 2. AND BE IT FURTHER ENACTED, T hat the Laws of Maryland read 14
as follows: 15
Article – State Government 16
20–101. 17
(a) In Subtitles 1 through 11 of this title the following words have the meanings 18
indicated. 19
(D) (1) “CRIMINAL RECORD ” MEANS: 20
(I) AN ARREST; 21
(II) A PLEA OR VERDICT OF GUILTY; 22
(III) A PLEA OF NOLO CONTE NDERE; 23
(IV) THE MARKING OF A CHA RGE “STET” ON THE DOCKET ; 24
(V) A DISPOSITION OF PRO BATION BEFORE JUDGME NT; OR 25
(VI) A DISPOSITION OF NOT CRIMINALLY RESPONSIB LE. 26
(2) “CRIMINAL RECORD ” DOES NOT INCLUDE : 27
(I) AN ARREST OR DISPOSI TION LISTED IN PARAG RAPH (1) OF 28
THIS SUBSECTION IF T HE CRIME WAS COMMITT ED AGAINST A MINOR OR 29
VULNERABLE ADULT; OR 30 HOUSE BILL 788 3
(II) THE REGISTRATION STA TUS OF AN INDIVIDUAL ON THE 1
MARYLAND SEX OFFENDER REGISTRY. 2
(K) “VULNERABLE ADULT” MEANS AN ADULT WHO LACKS T HE PHYSICAL OR 3
MENTAL CAPACITY TO P ROVIDE FOR THE ADULT ’S DAILY NEEDS. 4
20–301. 5
In this subtitle, “place of public accommodation” means: 6
(1) an inn, hotel, motel, or other establishment that provides lodging to 7
transient guests; 8
(2) a restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or 9
other facility principally engaged in selling food or alcoholic beverages for consumption on 10
or off the premises, including a facility located on the premises of a retail establishment or 11
gasoline station; 12
(3) a motion picture house, theater, concert hall, sports arena, stadium, or 13
other place of exhibition or entertainment; 14
(4) a retail establishment that: 15
(i) is operated by a public or private entity; and 16
(ii) offers goods, services, entertainment, recreation, or 17
transportation; or 18
(5) an establishment: 19
(i) 1. that is physically located within the premises of any other 20
establishment covered by this subtitle; or 21
2. within the premises of which any other establishment 22
covered by this subtitle is physically located; and 23
(ii) that holds itself out as serving patrons of the covered 24
establishment. 25
20–302. 26
This subtitle does not prohibit the proprietor or employees of any establishment from 27
denying service to any person for failure to conform to the usual and regular requirements, 28
standards, and regulations of the establishment, provided that the denial is not based on 29 4 HOUSE BILL 788
discrimination on the grounds of race, sex, age, color, creed, national origin, marital status, 1
sexual orientation, gender identity, CRIMINAL RECORD , or disability. 2
20–304. 3
An owner or operator of a place of public accommodation or an agent or employee of 4
the owner or operator may not refuse, withhold from, or deny to any person any of the 5
accommodations, advantages, facilities, or privileges of the place of public accommodation 6
because of the person’s race, sex, age, color, creed, national origin, marital status, sexual 7
orientation, gender identity, CRIMINAL RECORD , or disability. 8
20–401. 9
This subtitle does not prohibit any person that is licensed or regulated by the 10
Maryland Department of Labor from refusing, withholding from, or denying 11
accommodations, advantages, facilities, privileges, sales, or services to any person for 12
failure to conform to the usual and regular requirements, standards, and regulations of the 13
licensed or regulated person, provided that the denial is not based on discrimination on the 14
grounds of race, sex, color, creed, national origin, marital status, sexual orientation, age, 15
gender identity, CRIMINAL RECORD , or disability. 16
20–402. 17
A person that is licensed or regulated by a unit in the Maryland Department of Labor 18
listed in § 2–108 of the Business Regulation Article may not refuse, withhold from, or deny 19
any person any of the accommodations, advantages, facilities, privileges, sales, or services 20
of the licensed or regulated person or discriminate against any person because of the 21
person’s race, sex, creed, color, national origin, marital status, sexual orientation, age, 22
gender identity, CRIMINAL RECORD , or disability. 23
20–501. 24
An owner or operator of commercial property, an agent or employee of the owner or 25
operator of commercial property, or a person that is licensed or regulated by the State may 26
not discriminate against an individual in the terms, conditions, or privileges of the leasing 27
of property for commercial use, or in the provision of services or facilities in connection with 28
the leasing of property for commercial use, because of the individual’s race, color, religion, 29
sex, age, disability, marital status, sexual orientation, gender identity, CRIMINAL 30
RECORD, or national origin. 31
20–601. 32
(a) In this subtitle the following words have the meanings indicated. 33
(h) “Harassment” includes: 34
HOUSE BILL 788 5
(1) unwelcome and offensive conduct, which need not be severe or 1
pervasive, when: 2
(i) the conduct is based on race, color, religion, ancestry or national 3
origin, sex, age, marital status, sexual orientation, gender identity, CRIMINAL RECORD , 4
or disability; and 5
(ii) 1. submission to the conduct is made either explicitly or 6
implicitly a term or condition of employment of an individual; 7
2. submission to or rejection of the conduct is used as a basis 8
for employment decisions affecting the individual; or 9
3. based on the totality of the circumstances, the conduct 10
unreasonably creates a working environment that a reasonable person would perceive to 11
be abusive or hostile; and 12
(2) sexual harassment. 13
20–602. 14
It is the policy of the State, in the exercise of its police power for the protection of the 15
public safety, public health, and general welfare, for the maintenance of business and good 16
government, and for the promotion of the State’s trade, commerce, and manufacturers: 17
(1) to assure all persons equal opportunity in receiving employment and in 18
all labor management–union relations, regardless of race, color, religion, ancestry or 19
national origin, sex, age, marital status, sexual orientation, gender identity, CRIMINAL 20
RECORD, or disability unrelated in nature and extent so as to reasonably preclude the 21
performance of the employment; and 22
(2) to that end, to prohibit discrimination in employment by any person. 23
20–603. 24
This subtitle does not require: 25
(1) an employer, employment agency, labor organization, or joint 26
labor–management committee subject to this subtitle to grant preferential treatment to 27
any individual or group on the basis of the race, color, religion, sex, age, national origin, 28
gender identity, sexual orientation, CRIMINAL RECORD , or disability of the individual or 29
group because an imbalance may exist with respect to the total number or percentage of 30
individuals of any race, color, religion, sex, age, national origin, gender identity, CRIMINAL 31
RECORD, or sexual orientation or individuals with disabilities employed by the employer, 32
referred or classified for employment by the employment agency or labor organization, 33
admitted to membership or classified by the labor organization, or admitted to, or employed 34 6 HOUSE BILL 788
in, any apprenticeship or other training program, compared to the total number or 1
percentage of individuals of that race, color, religion, sex, age, national origin, CRIMINAL 2
RECORD, gender identity, or sexual orientation or individuals with disabilities in the State 3
or any community, section, or other area, or in the available work force in the State or any 4
community, section, or other area; or 5
(2) an employer to reasonably accommodate an employee’s religion or 6
disability, or an applicant for employment’s disability, if the accommodation would cause 7
undue hardship on the conduct of the employer’s business. 8
20–604. 9
(A) This subtitle does not apply to: 10
(1) an employer with respect to the employment of aliens outside of the 11
State; or 12
(2) a religious corporation, association, educational institution, or society 13
with respect to the employment of individuals of a particular religion, sexual orientation, 14
or gender identity OR WITH A CRIMINAL RECORD to perform work connected with the 15
activities of the religious entity. 16
(B) THIS SUBTITLE DOES NO T: 17
(1) PROHIBIT AN EMPLOYER FROM MAKING AN INQUI RY OR TAKING 18
ANY OTHER ACTION REGARDING A CRIMINAL RECORD THAT UNDER APPLICABLE 19
STATE OR FEDERAL LAW THE EMPLOYER IS : 20
(I) REQUIRED OR EXPRESSL Y AUTHORIZED TO TAKE ; OR 21
(II) IN THE CASE OF AN INQUIRY OR OTHER ACTION THAT IS 22
SUBSTANTIALLY RELATE D TO THE ESSENTIAL F UNCTIONS OF A JOB AP PLIED FOR, 23
AUTHORIZED TO TAKE ; OR 24
(2) APPLY TO AN EMPLOYER THAT PROVIDES PROGRA MS, SERVICES, 25
OR DIRECT CARE TO MI NORS OR TO VULNERABL E ADULTS. 26
(C) THIS SUBTITLE MAY NOT BE CONSTRUED TO PREE MPT A LOCAL 27
JURISDICTION FROM EN ACTING OR ENFORCING A LAW THAT IS MORE R ESTRICTIVE 28
WITH RESPECT TO CRIM INAL RECORD SCREENIN G PRACTICES OF EMPLO YERS IN 29
THE LOCAL JURISDICTI ON. 30
20–605. 31
HOUSE BILL 788 7
(a) Notwithstanding any other provision of this subtitle, this subtitle does not 1
prohibit: 2
(1) an employer from hiring and employing employees, an employment 3
agency from classifying or referring for employment any individual, a labor organization 4
from classifying its membership or classifying or referring for employment any individual, 5
or an employer, labor organization, or joint labor–management committee controlling 6
apprenticeship or other training or retraining programs from admitting or employing any 7
individual in a program, on the basis of the individual’s sex, age, religion, national origin, 8
CRIMINAL RECORD , or disability, if sex, age, religion, national origin, CRIMINAL 9
RECORD, or disability is a bona fide occupational qualification reasonably necessary to the 10
normal operation of that business or enterprise; 11
20–606. 12
(a) An employer may not: 13
(1) fail or refuse to hire, discharge, or otherwise discriminate against any 14
individual with respect to the individual’s compensation, terms, conditions, or privileges of 15
employment because of: 16
(i) the individual’s race, color, religion, sex, age, national origin, 17
marital status, sexual orientation, gender identity, genetic information, CRIMINAL 18
RECORD, or disability unrelated in nature and extent so as to reasonably preclude the 19
performance of the employment; or 20
(ii) the individual’s refusal to submit to a genetic test or make 21
available the results of a genetic test; 22
(2) limit, segregate, or classify its employees or applicants for employment 23
in any way that would deprive or tend to deprive an y individual of employment 24
opportunities or otherwise adversely affect the individual’s status as an employee because 25
of: 26
(i) the individual’s race, color, religion, sex, age, national origin, 27
marital status, sexual orientation, gender identity, genetic information, CRIMINAL 28
RECORD, or disability unrelated in nature and extent so as to reasonably preclude the 29
performance of the employment; or 30
(ii) the individual’s refusal to submit to a genetic test or make 31
available the results of a genetic test; 32
(3) request or require genetic tests or genetic information as a condition of 33
hiring or determining benefits; 34
8 HOUSE BILL 788
(4) fail or refuse to make a reasonable accommodation for the known 1
disability of an otherwise qualified employee or an applicant for employment; or 2
(5) engage in harassment of an employee. 3
(b) An employment agency may not: 4
(1) fail or refuse to refer for employment or otherwise discriminate against 5
any individual because of the individual’s race, color, religion, sex, age, national origin, 6
marital status, sexual orientation, gender identity, CRIMINAL RECORD , or disability 7
unrelated in nature and extent so as to reasonably preclude the performance of the 8
employment; or 9
(2) classify or refer for employment any individual on the basis of the 10
individual’s race, color, religion, sex, age, national origin, marital status, sexual 11
orientation, gender identity, CRIMINAL RECORD , or disability unrelated in nature and 12
extent so as to reasonably preclude the performance of the employment. 13
(c) A labor organization may not: 14
(1) exclude or expel from its membership, or otherwise discriminate 15
against, any individual because of the individual’s race, color, religion, sex, age, national 16
origin, marital status, sexual orientation, gender identity, CRIMINAL RECORD , or 17
disability unrelated in nature and extent so as to reasonably preclude the performance of 18
the employment; 19
(2) limit, segregate, or classify its membership, or classify or fail or refuse 20
to refer for employment any individual, in any way that would deprive or tend to deprive 21
the individual of employment opportunities, limit the i ndividual’s employment 22
opportunities, or otherwise adversely affect the individual’s status as an employee or as an 23
applicant for employment because of the individual’s race, color, religion, sex, age, national 24
origin, marital status, sexual orientation, gender identity, CRIMINAL RECORD , or 25
disability unrelated in nature and extent so as to reasonably preclude the performance of 26
the employment; or 27
(3) cause or attempt to cause an employer to discriminate against an 28
individual in violation of this section. 29
(d) An employer, labor organization, or joint labor–management committee 30
controlling apprenticeship or other training or retraining programs, including on–the–job 31
training programs, may not discriminate against any individual in admission to, or 32
employment in, any program established to provide apprenticeship or other training or 33
retraining because of the individual’s race, color, religion, sex, age, national origin, marital 34
status, sexual orientation, gender identity, CRIMINAL RECORD , or disability unrelated in 35
nature and extent so as to reasonably preclude the performance of the employment. 36
HOUSE BILL 788 9
(e) (1) Except as provided in paragraph (2) of this subsection, an employer, 1
labor organization, or employment agency may not print or cause to be printed or published 2
any notice or advertisement relating to employment by the employer, membership in or any 3
classification or referral for employment by the labor organization, or any classification or 4
referral for employment by the employment agency that indicates any preference, 5
limitation, specification, or discrimination based on race, color, religion, sex, age, national 6
origin, marital status, sexual orientation, gender identity, CRIMINAL RECORD , or 7
disability. 8
(2) A notice or advertisement may indicate a preference, limitation, 9
specification, or discrimination based on religion, sex, age, national origin, marital status, 10
or disability if religion, sex, age, national origin, marital status, or disability is a bona fide 11
occupational qualification for employment. 12
20–610. 13
(b) An employer may not: 14
(1) fail or refuse to offer an internship, terminate an internship, or 15
otherwise discriminate against an individual with respect to the terms, conditions, or 16
privileges of an internship because of the individual’s race, color, religion, sex, age, national 17
origin, marital status, sexual orientation, gender identity, CRIMINAL RECORD , or 18
disability unrelated in nature and extent so as to reasonably preclude the performance of 19
the internship; 20
(2) limit, segregate, or classify its interns or applicants for internships in 21
any way that would deprive or tend to deprive any individual of internship opportunities 22
or otherwise adversely affect the individual’s status as an intern because of the individual’s 23
race, color, religion, sex, age, national origin, marital status, sexual orientation, gender 24
identity, CRIMINAL RECORD , or disability unrelated in nature and extent so as to 25
reasonably preclude the performance of the internship; 26
(c) (1) Except as provided in paragraph (2) of this subsection, an employer may 27
not print or cause to be printed or published any notice or advertisement relating to an 28
internship with the employer that indicates any preference, limitation, specification, or 29
discrimination based on race, color, religion, sex, age, national origin, marital status, sexual 30
orientation, gender identity, CRIMINAL RECORD , or disability. 31
(2) A notice or an advertisement may indicate a preference, limitation, 32
specification, or discrimination based on religion, sex, age, national origin, marital status, 33
or disability if religion, sex, age, national origin, marital status, CRIMINAL RECORD , or 34
disability is a bona fide occupational qualification for the internship. 35
20–702. 36
(a) It is the policy of the State: 37
10 HOUSE BILL 788
(1) to provide for fair housing throughout the State to all, regardless of 1
race, color, religion, sex, familial status, national origin, marital status, sexual orientation, 2
gender identity, disability, CRIMINAL RECORD , or source of income; and 3
(2) to that end, to prohibit discriminatory practices with respect to 4
residential housing by any person, in order to protect and ensure the peace, health, safety, 5
prosperity, and general welfare of all. 6
20–703. 7
This subtitle does not: 8
(1) invalidate or limit any local law that requires dwellings to be designed 9
and constructed in a manner that affords an individual with a disability greater access than 10
is required by § 20–706(b) of this subtitle; 11
(2) limit the applicability of any reasonable local, State, or federal 12
restrictions regarding the maximum number of occupants allowed to occupy a dwelling; 13
(3) prohibit the State or a local government from enacting standards that 14
govern the location of group homes, as defined in § 4–601 of the Housing and Community 15
Development Article; 16
(4) affect the powers of any local government to enact an ordinance on any 17
subject covered by this subtitle, provided that the ordinance does not authorize any act that 18
would be a discriminatory housing practice under this subtitle; 19
(5) require that a dwelling be made available to an individual whose 20
tenancy would: 21
(i) constitute a direct threat to the health or safety of other 22
individuals; or 23
(ii) result in substantial physical damage to the property of others; 24
(6) prohibit conduct against a person because the person has been 25
convicted by a court of competent jurisdiction of the illegal manufacture or distribution of: 26
(i) a controlled dangerous substance, as defined in § 5–101 of the 27
Criminal Law Article; or 28
(ii) a controlled substance, as defined in 21 U.S.C. § 802; 29
(7) unless membership in the religion is restricted on the basis of race, 30
color, or national origin, prohibit a religious organization, association, or society or any 31
nonprofit institution or organization operated, supervised, or controlled by or in conjunction 32
with a religious organization, association, or society from giving preference or limiting the 33 HOUSE BILL 788 11
sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial 1
purpose to persons of the same religion; [or] 2
(8) prohibit a private club that is not open to the public and that, as an 3
incident to its primary purpose or purposes, provides lodgings that it owns or operates for 4
other than a commercial purpose, from limiting the rental or occupancy of the dwellings to 5
its members or from giving preference to its members; OR 6
(9) (I) PROHIBIT A HOUSING P ROVIDER FROM M AKING AN INQUIRY 7
OR TAKING OTHER ACTI ON THAT THE HOUSING PROVIDER IS REQUIRE D TO TAKE OR 8
EXPRESSLY AUTHORIZED TO TAKE BY ANOTHER A PPLICABLE FEDERAL OR STATE 9
LAW REGARDING A CRIM INAL RECORD; OR 10
(II) APPLY TO A HOUSING P ROVIDER THAT PROVIDE S 11
PROGRAMS, SERVICES, OR DIRECT CARE TO MI NORS OR VULNERABLE A DULTS. 12
20–705. 13
Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: 14
(1) refuse to sell or rent after the making of a bona fide offer, refuse to 15
negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any 16
person because of race, color, religion, sex, disability, marital status, familial status, sexual 17
orientation, gender identity, national origin, CRIMINAL RECORD , or source of income; 18
(2) discriminate against any person in the terms, conditions, or privileges 19
of the sale or rental of a dwelling, or in the provision of services or facilities in connection 20
with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital 21
status, familial status, sexual orientation, gender identity, national origin, CRIMINAL 22
RECORD, or source of income; 23
(3) make, print, or publish, or cause to be made, printed, or published, any 24
notice, statement, or advertisement with respect to the sale or rental of a dwelling that 25
indicates any preference, limitation, or discrimination based on race, color, religion, sex, 26
disability, marital status, familial status, sexual orientation, gender identity, national 27
origin, CRIMINAL RECORD , or source of income, or an intention to make any preference, 28
limitation, or discrimination; 29
(4) represent to any person, because of race, color, religion, sex, disability, 30
marital status, familial status, sexual orientation, gender identity, national origin, 31
CRIMINAL RECORD , or source of income, that any dwelling is not available for inspection, 32
sale, or rental when the dwelling is available; or 33
(5) for profit, induce or attempt to induce any person to sell or rent any 34
dwelling by representations regarding the entry or prospective entry into the neighborhood 35
of a person of a particular race, color, religion, sex, disability, marital status, familial status, 36 12 HOUSE BILL 788
sexual orientation, gender identity, national origin, or source of income OR WITH A 1
CRIMINAL RECORD . 2
20–707. 3
(b) (1) A person whose business includes engaging in residential real 4
estate–related transactions may not discriminate against any person in making available 5
a transaction, or in the terms or conditions of a transaction, because of race, color, religion, 6
sex, disability, marital status, familial status, sexual orientation, gender identity, national 7
origin, CRIMINAL RECORD , or source of income. 8
(2) Paragraph (1) of this subsection does not prohibit a person engaged in 9
the business of furnishing appraisals of real property from taking into consideration factors 10
other than race, color, religion, sex, disability, marital status, familial status, sexual 11
orientation, gender identity, national origin, CRIMINAL RECORD , or source of income. 12
(c) A person may not, because of race, color, religion, sex, disability, marital 13
status, familial status, sexual orientation, gender identity, national origin, CRIMINAL 14
RECORD, or source of income: 15
(1) deny a person access to, or membership or participation in, a 16
multiple–listing service, real estate brokers’ organization, or other service, organization, or 17
facility relating to the business of selling or renting dwellings; or 18
(2) discriminate against a person in the terms or conditions of membership 19
or participation. 20
20–1103. 21
(b) Whether or not acting under color of law, a person may not, by force or threat 22
of force, willfully injure, intimidate, interfere with, or attempt to injure, intimidate, or 23
interfere with: 24
(1) any person because of race, color, religion, sex, disability, marital 25
status, familial status, sexual orientation, gender identity, national origin, CRIMINAL 26
RECORD, or source of income and because the person is or has been: 27
(i) selling, purchasing, renting, financing, occupying, or contracting 28
or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling; or 29
(ii) applying for or participating in any service, organization, or 30
facility relating to the business of selling or renting dwellings; 31
(2) any person because the person is or has been, or in order to intimidate 32
the person or any other person or any class of persons from: 33
HOUSE BILL 788 13
(i) participating, without discrimination on account of race, color, 1
religion, sex, disability, marital status, familial status, sexual orientation, gender identity, 2
national origin, CRIMINAL RECORD , or source of income, in any of the activities, services, 3
organizations, or facilities described in item (1) of this subsection; or 4
(ii) affording another person or class of persons the opportunity or 5
protection to participate in any of the activities, services, organizations, or facilities 6
described in item (1) of this subsection; or 7
(3) any person because the person is or has been, or in order to discourage 8
the person or any other person from: 9
(i) lawfully aiding or encouraging other persons to participate, 10
without discrimination on account of race, color, religion, sex, disability, marital status, 11
familial status, sexual orientation, gender identity, national origin, CRIMINAL RECORD, 12
or source of income, in any of the activities, services, organizations, or facilities described 13
in item (1) of this subsection; or 14
(ii) participating lawfully in speech or peaceful assembly opposing 15
any denial of the opportunity to participate in any of the activities, services, organizations, 16
or facilities described in item (1) of this subsection. 17
Article – State Personnel and Pensions 18
2–302. 19
(a) The State recognizes and honors the value and dignity of every person and 20
understands the importance of providing employees and applicants for employment with a 21
fair opportunity to pursue their careers in an environment free of discrimination or 22
harassment prohibited by law. 23
(b) (1) Except as provided in paragraph (2) of this subsection or by other law, 24
all personnel actions concerning a State employee or applicant for employment in State 25
government shall be made without regard to: 26
(i) age; 27
(ii) ancestry; 28
(iii) color; 29
(iv) creed; 30
(v) gender identity; 31
(vi) marital status; 32
14 HOUSE BILL 788
(vii) mental or physical disability; 1
(viii) national origin; 2
(ix) race; 3
(x) religious affiliation, belief, or opinion; 4
(XI) CRIMINAL RECORD , AS DEFINED IN § 20–101 OF THE STATE 5
GOVERNMENT ARTICLE; 6
[(xi)] (XII) sex; or 7
[(xii)] (XIII) sexual orientation. 8
(2) A personnel action may be taken with regard to age, sex, CRIMINAL 9
RECORD, or disability to the extent that age, sex, A QUALIFICATION RELA TING TO A 10
CRIMINAL RECORD , or A physical or mental qualification is required by law or is a bona 11
fide occupational qualification. 12
(c) (1) Each State employee is expected to assume personal responsibility and 13
leadership in ensuring fair employment practices and equal employment opportunity in 14
Maryland State government. 15
(2) Employment discrimination and harassment by State managers, 16
supervisors, or other employees is prohibited. 17
(3) A State employee who violates this subtitle is subject to disciplinary 18
action by the employee’s appointing authority, including the termination of State 19
employment. 20
(d) The Equal Employment Opportunity Program in Title 5, Subtitle 2 of this 21
article governs all employees of any unit in the Executive Branch of State government, 22
including a unit with an independent personnel system. 23
(e) (1) At least annually, the Secretary shall report on the Equal Employment 24
Opportunity Program established in § 5–202 of this article to the Joint Committee on Fair 25
Practices and State Personnel Oversight. 26
(2) The head of a personnel system in the Legislative and Judicial branches 27
may report periodically on equal employment opportunity programs and policies in effect 28
in that personnel system to the Joint Committee on Fair Practices and State Personnel 29
Oversight. 30
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall t ake effect 31
October 1, 2024. 32