Maryland 2024 Regular Session

Maryland House Bill HB788 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	hb0788
6	6
7	7	HOUSE BILL 788
8	8	D5 4lr0769
9	9	HB 1163/23 – JUD
10	10	By: Delegates Alston, Acevero, Davis, Fennell, Kaufman, J. Long, and Roberson
11	11	Introduced and read first time: January 31, 2024
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Human Relations – Protections Against Discrimination – Criminal Records 2
19	19
20	20	FOR the purpose of prohibiting discrimination based on an individual’s criminal record in 3
21	21	public accommodations, commercial leasing, housing, and employment and by 4
22	22	certain licensed or regulated persons; establishing certain exceptions to certain 5
23	23	prohibitions established under this Act; establishing that certain crimes are not 6
24	24	included in the definition of “criminal record” for the purposes of certain provisions 7
25	25	prohibiting discrimination; and generally relating to discrimination based on an 8
26	26	individual’s criminal record. 9
27	27
28	28	BY renumbering 10
29	29	Article – State Government 11
30	30	Section 20–101(d) through (i) 12
31	31	to be Section 20–101(e) through (j), respectively 13
32	32	Annotated Code of Maryland 14
33	33	(2021 Replacement Volume and 2023 Supplement) 15
34	34
35	35	BY repealing and reenacting, without amendments, 16
36	36	Article – State Government 17
37	37	Section 20–101(a), 20–301, and 20–601(a) 18
38	38	Annotated Code of Maryland 19
39	39	(2021 Replacement Volume and 2023 Supplement) 20
40	40
41	41	BY adding to 21
42	42	Article – State Government 22
43	43	Section 20–101(d) and (k) 23
44	44	Annotated Code of Maryland 24
45	45	(2021 Replacement Volume and 2023 Supplement) 25
46	46
47	47	BY repealing and reenacting, with amendments, 26
48	48	Article – State Government 27 2 HOUSE BILL 788
49	49
50	50
51	51	Section 20–302, 20–304, 20–401, 20–402, 20–501, 20–601(h), 20–602, 20–603, 1
52	52	20–604, 20–605(a)(1), 20–606(a) through (e), 20–610(b)(1) and (2) and (c), 2
53	53	20–702(a), 20–703, 20–705, 20–707(b) and (c), and 20–1103(b) 3
54	54	Annotated Code of Maryland 4
55	55	(2021 Replacement Volume and 2023 Supplement) 5
56	56
57	57	BY repealing and reenacting, with amendments, 6
58	58	Article – State Personnel and Pensions 7
59	59	Section 2–302 8
60	60	Annotated Code of Maryland 9
61	61	(2015 Replacement Volume and 2023 Supplement) 10
62	62
63	63	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
64	64	That Section(s) 20–101(d) through (i) of Article – State Government of the Annotated Code 12
65	65	of Maryland be renumbered to be Section(s) 20–101(e) through (j), respectively. 13
66	66
67	67	SECTION 2. AND BE IT FURTHER ENACTED, T hat the Laws of Maryland read 14
68	68	as follows: 15
69	69
70	70	Article – State Government 16
71	71
72	72	20–101. 17
73	73
74	74	(a) In Subtitles 1 through 11 of this title the following words have the meanings 18
75	75	indicated. 19
76	76
77	77	(D) (1) “CRIMINAL RECORD ” MEANS: 20
78	78
79	79	(I) AN ARREST; 21
80	80
81	81	(II) A PLEA OR VERDICT OF GUILTY; 22
82	82
83	83	(III) A PLEA OF NOLO CONTE NDERE; 23
84	84
85	85	(IV) THE MARKING OF A CHA RGE “STET” ON THE DOCKET ; 24
86	86
87	87	(V) A DISPOSITION OF PRO BATION BEFORE JUDGME NT; OR 25
88	88
89	89	(VI) A DISPOSITION OF NOT CRIMINALLY RESPONSIB LE. 26
90	90
91	91	(2) “CRIMINAL RECORD ” DOES NOT INCLUDE : 27
92	92
93	93	(I) AN ARREST OR DISPOSI TION LISTED IN PARAG RAPH (1) OF 28
94	94	THIS SUBSECTION IF T HE CRIME WAS COMMITT ED AGAINST A MINOR OR 29
95	95	VULNERABLE ADULT; OR 30 HOUSE BILL 788 3
96	96
97	97
98	98
99	99	(II) THE REGISTRATION STA TUS OF AN INDIVIDUAL ON THE 1
100	100	MARYLAND SEX OFFENDER REGISTRY. 2
101	101
102	102	(K) “VULNERABLE ADULT” MEANS AN ADULT WHO LACKS T HE PHYSICAL OR 3
103	103	MENTAL CAPACITY TO P ROVIDE FOR THE ADULT ’S DAILY NEEDS. 4
104	104
105	105	20–301. 5
106	106
107	107	In this subtitle, “place of public accommodation” means: 6
108	108
109	109	(1) an inn, hotel, motel, or other establishment that provides lodging to 7
110	110	transient guests; 8
111	111
112	112	(2) a restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or 9
113	113	other facility principally engaged in selling food or alcoholic beverages for consumption on 10
114	114	or off the premises, including a facility located on the premises of a retail establishment or 11
115	115	gasoline station; 12
116	116
117	117	(3) a motion picture house, theater, concert hall, sports arena, stadium, or 13
118	118	other place of exhibition or entertainment; 14
119	119
120	120	(4) a retail establishment that: 15
121	121
122	122	(i) is operated by a public or private entity; and 16
123	123
124	124	(ii) offers goods, services, entertainment, recreation, or 17
125	125	transportation; or 18
126	126
127	127	(5) an establishment: 19
128	128
129	129	(i) 1. that is physically located within the premises of any other 20
130	130	establishment covered by this subtitle; or 21
131	131
132	132	2. within the premises of which any other establishment 22
133	133	covered by this subtitle is physically located; and 23
134	134
135	135	(ii) that holds itself out as serving patrons of the covered 24
136	136	establishment. 25
137	137
138	138	20–302. 26
139	139
140	140	This subtitle does not prohibit the proprietor or employees of any establishment from 27
141	141	denying service to any person for failure to conform to the usual and regular requirements, 28
142	142	standards, and regulations of the establishment, provided that the denial is not based on 29 4 HOUSE BILL 788
143	143
144	144
145	145	discrimination on the grounds of race, sex, age, color, creed, national origin, marital status, 1
146	146	sexual orientation, gender identity, CRIMINAL RECORD , or disability. 2
147	147
148	148	20–304. 3
149	149
150	150	An owner or operator of a place of public accommodation or an agent or employee of 4
151	151	the owner or operator may not refuse, withhold from, or deny to any person any of the 5
152	152	accommodations, advantages, facilities, or privileges of the place of public accommodation 6
153	153	because of the person’s race, sex, age, color, creed, national origin, marital status, sexual 7
154	154	orientation, gender identity, CRIMINAL RECORD , or disability. 8
155	155
156	156	20–401. 9
157	157
158	158	This subtitle does not prohibit any person that is licensed or regulated by the 10
159	159	Maryland Department of Labor from refusing, withholding from, or denying 11
160	160	accommodations, advantages, facilities, privileges, sales, or services to any person for 12
161	161	failure to conform to the usual and regular requirements, standards, and regulations of the 13
162	162	licensed or regulated person, provided that the denial is not based on discrimination on the 14
163	163	grounds of race, sex, color, creed, national origin, marital status, sexual orientation, age, 15
164	164	gender identity, CRIMINAL RECORD , or disability. 16
165	165
166	166	20–402. 17
167	167
168	168	A person that is licensed or regulated by a unit in the Maryland Department of Labor 18
169	169	listed in § 2–108 of the Business Regulation Article may not refuse, withhold from, or deny 19
170	170	any person any of the accommodations, advantages, facilities, privileges, sales, or services 20
171	171	of the licensed or regulated person or discriminate against any person because of the 21
172	172	person’s race, sex, creed, color, national origin, marital status, sexual orientation, age, 22
173	173	gender identity, CRIMINAL RECORD , or disability. 23
174	174
175	175	20–501. 24
176	176
177	177	An owner or operator of commercial property, an agent or employee of the owner or 25
178	178	operator of commercial property, or a person that is licensed or regulated by the State may 26
179	179	not discriminate against an individual in the terms, conditions, or privileges of the leasing 27
180	180	of property for commercial use, or in the provision of services or facilities in connection with 28
181	181	the leasing of property for commercial use, because of the individual’s race, color, religion, 29
182	182	sex, age, disability, marital status, sexual orientation, gender identity, CRIMINAL 30
183	183	RECORD, or national origin. 31
184	184
185	185	20–601. 32
186	186
187	187	(a) In this subtitle the following words have the meanings indicated. 33
188	188
189	189	(h) “Harassment” includes: 34
190	190	HOUSE BILL 788 5
191	191
192	192
193	193	(1) unwelcome and offensive conduct, which need not be severe or 1
194	194	pervasive, when: 2
195	195
196	196	(i) the conduct is based on race, color, religion, ancestry or national 3
197	197	origin, sex, age, marital status, sexual orientation, gender identity, CRIMINAL RECORD , 4
198	198	or disability; and 5
199	199
200	200	(ii) 1. submission to the conduct is made either explicitly or 6
201	201	implicitly a term or condition of employment of an individual; 7
202	202
203	203	2. submission to or rejection of the conduct is used as a basis 8
204	204	for employment decisions affecting the individual; or 9
205	205
206	206	3. based on the totality of the circumstances, the conduct 10
207	207	unreasonably creates a working environment that a reasonable person would perceive to 11
208	208	be abusive or hostile; and 12
209	209
210	210	(2) sexual harassment. 13
211	211
212	212	20–602. 14
213	213
214	214	It is the policy of the State, in the exercise of its police power for the protection of the 15
215	215	public safety, public health, and general welfare, for the maintenance of business and good 16
216	216	government, and for the promotion of the State’s trade, commerce, and manufacturers: 17
217	217
218	218	(1) to assure all persons equal opportunity in receiving employment and in 18
219	219	all labor management–union relations, regardless of race, color, religion, ancestry or 19
220	220	national origin, sex, age, marital status, sexual orientation, gender identity, CRIMINAL 20
221	221	RECORD, or disability unrelated in nature and extent so as to reasonably preclude the 21
222	222	performance of the employment; and 22
223	223
224	224	(2) to that end, to prohibit discrimination in employment by any person. 23
225	225
226	226	20–603. 24
227	227
228	228	This subtitle does not require: 25
229	229
230	230	(1) an employer, employment agency, labor organization, or joint 26
231	231	labor–management committee subject to this subtitle to grant preferential treatment to 27
232	232	any individual or group on the basis of the race, color, religion, sex, age, national origin, 28
233	233	gender identity, sexual orientation, CRIMINAL RECORD , or disability of the individual or 29
234	234	group because an imbalance may exist with respect to the total number or percentage of 30
235	235	individuals of any race, color, religion, sex, age, national origin, gender identity, CRIMINAL 31
236	236	RECORD, or sexual orientation or individuals with disabilities employed by the employer, 32
237	237	referred or classified for employment by the employment agency or labor organization, 33
238	238	admitted to membership or classified by the labor organization, or admitted to, or employed 34 6 HOUSE BILL 788
239	239
240	240
241	241	in, any apprenticeship or other training program, compared to the total number or 1
242	242	percentage of individuals of that race, color, religion, sex, age, national origin, CRIMINAL 2
243	243	RECORD, gender identity, or sexual orientation or individuals with disabilities in the State 3
244	244	or any community, section, or other area, or in the available work force in the State or any 4
245	245	community, section, or other area; or 5
246	246
247	247	(2) an employer to reasonably accommodate an employee’s religion or 6
248	248	disability, or an applicant for employment’s disability, if the accommodation would cause 7
249	249	undue hardship on the conduct of the employer’s business. 8
250	250
251	251	20–604. 9
252	252
253	253	(A) This subtitle does not apply to: 10
254	254
255	255	(1) an employer with respect to the employment of aliens outside of the 11
256	256	State; or 12
257	257
258	258	(2) a religious corporation, association, educational institution, or society 13
259	259	with respect to the employment of individuals of a particular religion, sexual orientation, 14
260	260	or gender identity OR WITH A CRIMINAL RECORD to perform work connected with the 15
261	261	activities of the religious entity. 16
262	262
263	263	(B) THIS SUBTITLE DOES NO T: 17
264	264
265	265	(1) PROHIBIT AN EMPLOYER FROM MAKING AN INQUI RY OR TAKING 18
266	266	ANY OTHER ACTION REGARDING A CRIMINAL RECORD THAT UNDER APPLICABLE 19
267	267	STATE OR FEDERAL LAW THE EMPLOYER IS : 20
268	268
269	269	(I) REQUIRED OR EXPRESSL Y AUTHORIZED TO TAKE ; OR 21
270	270
271	271	(II) IN THE CASE OF AN INQUIRY OR OTHER ACTION THAT IS 22
272	272	SUBSTANTIALLY RELATE D TO THE ESSENTIAL F UNCTIONS OF A JOB AP PLIED FOR, 23
273	273	AUTHORIZED TO TAKE ; OR 24
274	274
275	275	(2) APPLY TO AN EMPLOYER THAT PROVIDES PROGRA MS, SERVICES, 25
276	276	OR DIRECT CARE TO MI NORS OR TO VULNERABL E ADULTS. 26
277	277
278	278	(C) THIS SUBTITLE MAY NOT BE CONSTRUED TO PREE MPT A LOCAL 27
279	279	JURISDICTION FROM EN ACTING OR ENFORCING A LAW THAT IS MORE R ESTRICTIVE 28
280	280	WITH RESPECT TO CRIM INAL RECORD SCREENIN G PRACTICES OF EMPLO YERS IN 29
281	281	THE LOCAL JURISDICTI ON. 30
282	282
283	283	20–605. 31
284	284	HOUSE BILL 788 7
285	285
286	286
287	287	(a) Notwithstanding any other provision of this subtitle, this subtitle does not 1
288	288	prohibit: 2
289	289
290	290	(1) an employer from hiring and employing employees, an employment 3
291	291	agency from classifying or referring for employment any individual, a labor organization 4
292	292	from classifying its membership or classifying or referring for employment any individual, 5
293	293	or an employer, labor organization, or joint labor–management committee controlling 6
294	294	apprenticeship or other training or retraining programs from admitting or employing any 7
295	295	individual in a program, on the basis of the individual’s sex, age, religion, national origin, 8
296	296	CRIMINAL RECORD , or disability, if sex, age, religion, national origin, CRIMINAL 9
297	297	RECORD, or disability is a bona fide occupational qualification reasonably necessary to the 10
298	298	normal operation of that business or enterprise; 11
299	299
300	300	20–606. 12
301	301
302	302	(a) An employer may not: 13
303	303
304	304	(1) fail or refuse to hire, discharge, or otherwise discriminate against any 14
305	305	individual with respect to the individual’s compensation, terms, conditions, or privileges of 15
306	306	employment because of: 16
307	307
308	308	(i) the individual’s race, color, religion, sex, age, national origin, 17
309	309	marital status, sexual orientation, gender identity, genetic information, CRIMINAL 18
310	310	RECORD, or disability unrelated in nature and extent so as to reasonably preclude the 19
311	311	performance of the employment; or 20
312	312
313	313	(ii) the individual’s refusal to submit to a genetic test or make 21
314	314	available the results of a genetic test; 22
315	315
316	316	(2) limit, segregate, or classify its employees or applicants for employment 23
317	317	in any way that would deprive or tend to deprive an y individual of employment 24
318	318	opportunities or otherwise adversely affect the individual’s status as an employee because 25
319	319	of: 26
320	320
321	321	(i) the individual’s race, color, religion, sex, age, national origin, 27
322	322	marital status, sexual orientation, gender identity, genetic information, CRIMINAL 28
323	323	RECORD, or disability unrelated in nature and extent so as to reasonably preclude the 29
324	324	performance of the employment; or 30
325	325
326	326	(ii) the individual’s refusal to submit to a genetic test or make 31
327	327	available the results of a genetic test; 32
328	328
329	329	(3) request or require genetic tests or genetic information as a condition of 33
330	330	hiring or determining benefits; 34
331	331	8 HOUSE BILL 788
332	332
333	333
334	334	(4) fail or refuse to make a reasonable accommodation for the known 1
335	335	disability of an otherwise qualified employee or an applicant for employment; or 2
336	336
337	337	(5) engage in harassment of an employee. 3
338	338
339	339	(b) An employment agency may not: 4
340	340
341	341	(1) fail or refuse to refer for employment or otherwise discriminate against 5
342	342	any individual because of the individual’s race, color, religion, sex, age, national origin, 6
343	343	marital status, sexual orientation, gender identity, CRIMINAL RECORD , or disability 7
344	344	unrelated in nature and extent so as to reasonably preclude the performance of the 8
345	345	employment; or 9
346	346
347	347	(2) classify or refer for employment any individual on the basis of the 10
348	348	individual’s race, color, religion, sex, age, national origin, marital status, sexual 11
349	349	orientation, gender identity, CRIMINAL RECORD , or disability unrelated in nature and 12
350	350	extent so as to reasonably preclude the performance of the employment. 13
351	351
352	352	(c) A labor organization may not: 14
353	353
354	354	(1) exclude or expel from its membership, or otherwise discriminate 15
355	355	against, any individual because of the individual’s race, color, religion, sex, age, national 16
356	356	origin, marital status, sexual orientation, gender identity, CRIMINAL RECORD , or 17
357	357	disability unrelated in nature and extent so as to reasonably preclude the performance of 18
358	358	the employment; 19
359	359
360	360	(2) limit, segregate, or classify its membership, or classify or fail or refuse 20
361	361	to refer for employment any individual, in any way that would deprive or tend to deprive 21
362	362	the individual of employment opportunities, limit the i ndividual’s employment 22
363	363	opportunities, or otherwise adversely affect the individual’s status as an employee or as an 23
364	364	applicant for employment because of the individual’s race, color, religion, sex, age, national 24
365	365	origin, marital status, sexual orientation, gender identity, CRIMINAL RECORD , or 25
366	366	disability unrelated in nature and extent so as to reasonably preclude the performance of 26
367	367	the employment; or 27
368	368
369	369	(3) cause or attempt to cause an employer to discriminate against an 28
370	370	individual in violation of this section. 29
371	371
372	372	(d) An employer, labor organization, or joint labor–management committee 30
373	373	controlling apprenticeship or other training or retraining programs, including on–the–job 31
374	374	training programs, may not discriminate against any individual in admission to, or 32
375	375	employment in, any program established to provide apprenticeship or other training or 33
376	376	retraining because of the individual’s race, color, religion, sex, age, national origin, marital 34
377	377	status, sexual orientation, gender identity, CRIMINAL RECORD , or disability unrelated in 35
378	378	nature and extent so as to reasonably preclude the performance of the employment. 36
379	379	HOUSE BILL 788 9
380	380
381	381
382	382	(e) (1) Except as provided in paragraph (2) of this subsection, an employer, 1
383	383	labor organization, or employment agency may not print or cause to be printed or published 2
384	384	any notice or advertisement relating to employment by the employer, membership in or any 3
385	385	classification or referral for employment by the labor organization, or any classification or 4
386	386	referral for employment by the employment agency that indicates any preference, 5
387	387	limitation, specification, or discrimination based on race, color, religion, sex, age, national 6
388	388	origin, marital status, sexual orientation, gender identity, CRIMINAL RECORD , or 7
389	389	disability. 8
390	390
391	391	(2) A notice or advertisement may indicate a preference, limitation, 9
392	392	specification, or discrimination based on religion, sex, age, national origin, marital status, 10
393	393	or disability if religion, sex, age, national origin, marital status, or disability is a bona fide 11
394	394	occupational qualification for employment. 12
395	395
396	396	20–610. 13
397	397
398	398	(b) An employer may not: 14
399	399
400	400	(1) fail or refuse to offer an internship, terminate an internship, or 15
401	401	otherwise discriminate against an individual with respect to the terms, conditions, or 16
402	402	privileges of an internship because of the individual’s race, color, religion, sex, age, national 17
403	403	origin, marital status, sexual orientation, gender identity, CRIMINAL RECORD , or 18
404	404	disability unrelated in nature and extent so as to reasonably preclude the performance of 19
405	405	the internship; 20
406	406
407	407	(2) limit, segregate, or classify its interns or applicants for internships in 21
408	408	any way that would deprive or tend to deprive any individual of internship opportunities 22
409	409	or otherwise adversely affect the individual’s status as an intern because of the individual’s 23
410	410	race, color, religion, sex, age, national origin, marital status, sexual orientation, gender 24
411	411	identity, CRIMINAL RECORD , or disability unrelated in nature and extent so as to 25
412	412	reasonably preclude the performance of the internship; 26
413	413
414	414	(c) (1) Except as provided in paragraph (2) of this subsection, an employer may 27
415	415	not print or cause to be printed or published any notice or advertisement relating to an 28
416	416	internship with the employer that indicates any preference, limitation, specification, or 29
417	417	discrimination based on race, color, religion, sex, age, national origin, marital status, sexual 30
418	418	orientation, gender identity, CRIMINAL RECORD , or disability. 31
419	419
420	420	(2) A notice or an advertisement may indicate a preference, limitation, 32
421	421	specification, or discrimination based on religion, sex, age, national origin, marital status, 33
422	422	or disability if religion, sex, age, national origin, marital status, CRIMINAL RECORD , or 34
423	423	disability is a bona fide occupational qualification for the internship. 35
424	424
425	425	20–702. 36
426	426
427	427	(a) It is the policy of the State: 37
428	428	10 HOUSE BILL 788
429	429
430	430
431	431	(1) to provide for fair housing throughout the State to all, regardless of 1
432	432	race, color, religion, sex, familial status, national origin, marital status, sexual orientation, 2
433	433	gender identity, disability, CRIMINAL RECORD , or source of income; and 3
434	434
435	435	(2) to that end, to prohibit discriminatory practices with respect to 4
436	436	residential housing by any person, in order to protect and ensure the peace, health, safety, 5
437	437	prosperity, and general welfare of all. 6
438	438
439	439	20–703. 7
440	440
441	441	This subtitle does not: 8
442	442
443	443	(1) invalidate or limit any local law that requires dwellings to be designed 9
444	444	and constructed in a manner that affords an individual with a disability greater access than 10
445	445	is required by § 20–706(b) of this subtitle; 11
446	446
447	447	(2) limit the applicability of any reasonable local, State, or federal 12
448	448	restrictions regarding the maximum number of occupants allowed to occupy a dwelling; 13
449	449
450	450	(3) prohibit the State or a local government from enacting standards that 14
451	451	govern the location of group homes, as defined in § 4–601 of the Housing and Community 15
452	452	Development Article; 16
453	453
454	454	(4) affect the powers of any local government to enact an ordinance on any 17
455	455	subject covered by this subtitle, provided that the ordinance does not authorize any act that 18
456	456	would be a discriminatory housing practice under this subtitle; 19
457	457
458	458	(5) require that a dwelling be made available to an individual whose 20
459	459	tenancy would: 21
460	460
461	461	(i) constitute a direct threat to the health or safety of other 22
462	462	individuals; or 23
463	463
464	464	(ii) result in substantial physical damage to the property of others; 24
465	465
466	466	(6) prohibit conduct against a person because the person has been 25
467	467	convicted by a court of competent jurisdiction of the illegal manufacture or distribution of: 26
468	468
469	469	(i) a controlled dangerous substance, as defined in § 5–101 of the 27
470	470	Criminal Law Article; or 28
471	471
472	472	(ii) a controlled substance, as defined in 21 U.S.C. § 802; 29
473	473
474	474	(7) unless membership in the religion is restricted on the basis of race, 30
475	475	color, or national origin, prohibit a religious organization, association, or society or any 31
476	476	nonprofit institution or organization operated, supervised, or controlled by or in conjunction 32
477	477	with a religious organization, association, or society from giving preference or limiting the 33 HOUSE BILL 788 11
478	478
479	479
480	480	sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial 1
481	481	purpose to persons of the same religion; [or] 2
482	482
483	483	(8) prohibit a private club that is not open to the public and that, as an 3
484	484	incident to its primary purpose or purposes, provides lodgings that it owns or operates for 4
485	485	other than a commercial purpose, from limiting the rental or occupancy of the dwellings to 5
486	486	its members or from giving preference to its members; OR 6
487	487
488	488	(9) (I) PROHIBIT A HOUSING P ROVIDER FROM M AKING AN INQUIRY 7
489	489	OR TAKING OTHER ACTI ON THAT THE HOUSING PROVIDER IS REQUIRE D TO TAKE OR 8
490	490	EXPRESSLY AUTHORIZED TO TAKE BY ANOTHER A PPLICABLE FEDERAL OR STATE 9
491	491	LAW REGARDING A CRIM INAL RECORD; OR 10
492	492
493	493	(II) APPLY TO A HOUSING P ROVIDER THAT PROVIDE S 11
494	494	PROGRAMS, SERVICES, OR DIRECT CARE TO MI NORS OR VULNERABLE A DULTS. 12
495	495
496	496	20–705. 13
497	497
498	498	Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: 14
499	499
500	500	(1) refuse to sell or rent after the making of a bona fide offer, refuse to 15
501	501	negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any 16
502	502	person because of race, color, religion, sex, disability, marital status, familial status, sexual 17
503	503	orientation, gender identity, national origin, CRIMINAL RECORD , or source of income; 18
504	504
505	505	(2) discriminate against any person in the terms, conditions, or privileges 19
506	506	of the sale or rental of a dwelling, or in the provision of services or facilities in connection 20
507	507	with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital 21
508	508	status, familial status, sexual orientation, gender identity, national origin, CRIMINAL 22
509	509	RECORD, or source of income; 23
510	510
511	511	(3) make, print, or publish, or cause to be made, printed, or published, any 24
512	512	notice, statement, or advertisement with respect to the sale or rental of a dwelling that 25
513	513	indicates any preference, limitation, or discrimination based on race, color, religion, sex, 26
514	514	disability, marital status, familial status, sexual orientation, gender identity, national 27
515	515	origin, CRIMINAL RECORD , or source of income, or an intention to make any preference, 28
516	516	limitation, or discrimination; 29
517	517
518	518	(4) represent to any person, because of race, color, religion, sex, disability, 30
519	519	marital status, familial status, sexual orientation, gender identity, national origin, 31
520	520	CRIMINAL RECORD , or source of income, that any dwelling is not available for inspection, 32
521	521	sale, or rental when the dwelling is available; or 33
522	522
523	523	(5) for profit, induce or attempt to induce any person to sell or rent any 34
524	524	dwelling by representations regarding the entry or prospective entry into the neighborhood 35
525	525	of a person of a particular race, color, religion, sex, disability, marital status, familial status, 36 12 HOUSE BILL 788
526	526
527	527
528	528	sexual orientation, gender identity, national origin, or source of income OR WITH A 1
529	529	CRIMINAL RECORD . 2
530	530
531	531	20–707. 3
532	532
533	533	(b) (1) A person whose business includes engaging in residential real 4
534	534	estate–related transactions may not discriminate against any person in making available 5
535	535	a transaction, or in the terms or conditions of a transaction, because of race, color, religion, 6
536	536	sex, disability, marital status, familial status, sexual orientation, gender identity, national 7
537	537	origin, CRIMINAL RECORD , or source of income. 8
538	538
539	539	(2) Paragraph (1) of this subsection does not prohibit a person engaged in 9
540	540	the business of furnishing appraisals of real property from taking into consideration factors 10
541	541	other than race, color, religion, sex, disability, marital status, familial status, sexual 11
542	542	orientation, gender identity, national origin, CRIMINAL RECORD , or source of income. 12
543	543
544	544	(c) A person may not, because of race, color, religion, sex, disability, marital 13
545	545	status, familial status, sexual orientation, gender identity, national origin, CRIMINAL 14
546	546	RECORD, or source of income: 15
547	547
548	548	(1) deny a person access to, or membership or participation in, a 16
549	549	multiple–listing service, real estate brokers’ organization, or other service, organization, or 17
550	550	facility relating to the business of selling or renting dwellings; or 18
551	551
552	552	(2) discriminate against a person in the terms or conditions of membership 19
553	553	or participation. 20
554	554
555	555	20–1103. 21
556	556
557	557	(b) Whether or not acting under color of law, a person may not, by force or threat 22
558	558	of force, willfully injure, intimidate, interfere with, or attempt to injure, intimidate, or 23
559	559	interfere with: 24
560	560
561	561	(1) any person because of race, color, religion, sex, disability, marital 25
562	562	status, familial status, sexual orientation, gender identity, national origin, CRIMINAL 26
563	563	RECORD, or source of income and because the person is or has been: 27
564	564
565	565	(i) selling, purchasing, renting, financing, occupying, or contracting 28
566	566	or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling; or 29
567	567
568	568	(ii) applying for or participating in any service, organization, or 30
569	569	facility relating to the business of selling or renting dwellings; 31
570	570
571	571	(2) any person because the person is or has been, or in order to intimidate 32
572	572	the person or any other person or any class of persons from: 33
573	573	HOUSE BILL 788 13
574	574
575	575
576	576	(i) participating, without discrimination on account of race, color, 1
577	577	religion, sex, disability, marital status, familial status, sexual orientation, gender identity, 2
578	578	national origin, CRIMINAL RECORD , or source of income, in any of the activities, services, 3
579	579	organizations, or facilities described in item (1) of this subsection; or 4
580	580
581	581	(ii) affording another person or class of persons the opportunity or 5
582	582	protection to participate in any of the activities, services, organizations, or facilities 6
583	583	described in item (1) of this subsection; or 7
584	584
585	585	(3) any person because the person is or has been, or in order to discourage 8
586	586	the person or any other person from: 9
587	587
588	588	(i) lawfully aiding or encouraging other persons to participate, 10
589	589	without discrimination on account of race, color, religion, sex, disability, marital status, 11
590	590	familial status, sexual orientation, gender identity, national origin, CRIMINAL RECORD, 12
591	591	or source of income, in any of the activities, services, organizations, or facilities described 13
592	592	in item (1) of this subsection; or 14
593	593
594	594	(ii) participating lawfully in speech or peaceful assembly opposing 15
595	595	any denial of the opportunity to participate in any of the activities, services, organizations, 16
596	596	or facilities described in item (1) of this subsection. 17
597	597
598	598	Article – State Personnel and Pensions 18
599	599
600	600	2–302. 19
601	601
602	602	(a) The State recognizes and honors the value and dignity of every person and 20
603	603	understands the importance of providing employees and applicants for employment with a 21
604	604	fair opportunity to pursue their careers in an environment free of discrimination or 22
605	605	harassment prohibited by law. 23
606	606
607	607	(b) (1) Except as provided in paragraph (2) of this subsection or by other law, 24
608	608	all personnel actions concerning a State employee or applicant for employment in State 25
609	609	government shall be made without regard to: 26
610	610
611	611	(i) age; 27
612	612
613	613	(ii) ancestry; 28
614	614
615	615	(iii) color; 29
616	616
617	617	(iv) creed; 30
618	618
619	619	(v) gender identity; 31
620	620
621	621	(vi) marital status; 32
622	622	14 HOUSE BILL 788
623	623
624	624
625	625	(vii) mental or physical disability; 1
626	626
627	627	(viii) national origin; 2
628	628
629	629	(ix) race; 3
630	630
631	631	(x) religious affiliation, belief, or opinion; 4
632	632
633	633	(XI) CRIMINAL RECORD , AS DEFINED IN § 20–101 OF THE STATE 5
634	634	GOVERNMENT ARTICLE; 6
635	635
636	636	[(xi)] (XII) sex; or 7
637	637
638	638	[(xii)] (XIII) sexual orientation. 8
639	639
640	640	(2) A personnel action may be taken with regard to age, sex, CRIMINAL 9
641	641	RECORD, or disability to the extent that age, sex, A QUALIFICATION RELA TING TO A 10
642	642	CRIMINAL RECORD , or A physical or mental qualification is required by law or is a bona 11
643	643	fide occupational qualification. 12
644	644
645	645	(c) (1) Each State employee is expected to assume personal responsibility and 13
646	646	leadership in ensuring fair employment practices and equal employment opportunity in 14
647	647	Maryland State government. 15
648	648
649	649	(2) Employment discrimination and harassment by State managers, 16
650	650	supervisors, or other employees is prohibited. 17
651	651
652	652	(3) A State employee who violates this subtitle is subject to disciplinary 18
653	653	action by the employee’s appointing authority, including the termination of State 19
654	654	employment. 20
655	655
656	656	(d) The Equal Employment Opportunity Program in Title 5, Subtitle 2 of this 21
657	657	article governs all employees of any unit in the Executive Branch of State government, 22
658	658	including a unit with an independent personnel system. 23
659	659
660	660	(e) (1) At least annually, the Secretary shall report on the Equal Employment 24
661	661	Opportunity Program established in § 5–202 of this article to the Joint Committee on Fair 25
662	662	Practices and State Personnel Oversight. 26
663	663
664	664	(2) The head of a personnel system in the Legislative and Judicial branches 27
665	665	may report periodically on equal employment opportunity programs and policies in effect 28
666	666	in that personnel system to the Joint Committee on Fair Practices and State Personnel 29
667	667	Oversight. 30
668	668
669	669	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall t ake effect 31
670	670	October 1, 2024. 32