EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb1061*
SENATE BILL 1061
K3, J1 4lr1460
CF HB 1084
By: Senator Ellis
Introduced and read first time: February 2, 2024
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Employee Autoimmune Disorder Protection Act 2
FOR the purpose of prohibiting an employer from requiring an employee to work on–site at 3
the employer’s workplace if the employee provides documentation from a physician 4
or other licensed health care practitioner that the employee has been diagnosed with 5
an autoimmune disorder or other qualifying illness and certain other conditions are 6
met; and generally relating to employment of individuals with autoimmune 7
disorders. 8
BY adding to 9
Article – Labor and Employment 10
Section 3–103(n) 11
Annotated Code of Maryland 12
(2016 Replacement Volume and 2023 Supplement) 13
BY adding to 14
Article – Labor and Employment 15
Section 3–1801 through 3–1805 to be under the new subtitle “Subtitle 18. Employee 16
Autoimmune Disorder Protection Act” 17
Annotated Code of Maryland 18
(2016 Replacement Volume and 2023 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Labor and Employment 22
3–103. 23
2 SENATE BILL 1061
(N) THE COMMISSIONER MAY COND UCT AN INVESTIGATION TO DETERMINE 1
WHETHER SUBTITLE 18 OF THIS TITLE HAS BE EN VIOLATED ON RECEI PT OF A 2
WRITTEN COMPLAINT BY AN EMPLOYEE . 3
SUBTITLE 18. EMPLOYEE AUTOIMMUNE DISORDER PROTECTION ACT. 4
3–1801. 5
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE TH E MEANINGS 6
INDICATED. 7
(B) (1) “AUTOIMMUNE DISORDER ” MEANS A CONDITION IN WHICH THE 8
BODY’S IMMUNE SYSTEM ATTA CKS AND DESTROYS HEA LTHY BODY TISSUE . 9
(2) “AUTOIMMUNE DISORDER ” INCLUDES: 10
(I) BRONCHIECTASIS ; 11
(II) CELIAC DISEASE; 12
(III) GUILLAIN–BARRE SYNDROME; 13
(IV) HASHIMOTO’S THYROIDITIS; 14
(V) IDIOPATHIC PULMONARY FIBROSIS; 15
(VI) LUPUS; 16
(VII) MULTIPLE SCLEROSIS ; 17
(VIII) MYASTHENIA GRAVIS ; 18
(IX) PEMPHIGUS VULGARIS ; AND 19
(X) RHEUMATOID ARTHRITIS . 20
(C) “EMPLOYER” INCLUDES A GOVERNMEN TAL UNIT. 21
(D) (1) “ESSENTIAL INDUSTRY ” MEANS AN INDUSTRY TH AT HAS BEEN 22
DETERMINED BY THE COMMISSIONER TO REQUI RE ON–SITE WORK AS PART OF ITS 23
CORE OPERATION . 24
(2) “ESSENTIAL INDUSTRY ” INCLUDES: 25 SENATE BILL 1061 3
(I) CHEMICAL MANUFACTURI NG AND PROCESSING ; 1
(II) COMMUNICATIONS AND I NFORMATION TECHNOLOG Y; 2
(III) ENERGY SERVICES ; 3
(IV) FINANCIAL SERVICES ; 4
(V) FIRST RESPONDERS AND EMERGENCY SERVICES ; 5
(VI) FOOD AND AGRICULTURE ; 6
(VII) HAZARDOUS MATERIALS HANDLING AND DISPOSA L; 7
(VIII) HEALTH CARE AND PUBL IC HEALTH; 8
(IX) LAW ENFORCEMENT AND PUBLIC SAFETY; 9
(X) PUBLIC WORKS AND INF RASTRUCTURE SUPPORT SERVICES; 10
(XI) TRANSPORTATION AND L OGISTICS; 11
(XII) WATER AND WASTEWATER SERVICES; AND 12
(XIII) ANY OTHER INDUSTRY THE COMMISSIONER DESIGNAT ES AS 13
ESSENTIAL. 14
(E) “OTHER QUALIFYING ILLN ESS” MEANS: 15
(1) A CONDITION OR SYMPT OM CAUSED BY AN AUTO IMMUNE 16
DISORDER THAT COULD IMPAIR AN EMPLOYEE P HYSICALLY OR MENTALL Y; OR 17
(2) ANY OTHER DISORDER O F THE IMMUNE SYSTE M THAT A 18
PHYSICIAN OR OTHER L ICENSED HEALTH CARE PRACTITIONER DETERMI NES MAY 19
HAVE A DETRIMENTAL E FFECT ON AN EMPLOYEE ’S ABILITY TO SAFELY WORK 20
ON–SITE OR TRAVEL TO AN D FROM WORK . 21
(F) “SMALL EMPLOYER ” MEANS AN EMPLOYER WH O EMPLOYS 20 OR FEWER 22
EMPLOYEES. 23
3–1802. 24
4 SENATE BILL 1061
THIS SUBTITLE DOES NO T APPLY TO AN EMPLOY ER IN AN ESSENTIAL 1
INDUSTRY. 2
3–1803. 3
AN EMPLOYER MAY NOT R EQUIRE AN EMPLOYEE T O WORK ON–SITE AT THE 4
EMPLOYER’S WORKPLACE IF : 5
(1) THE EMPLOYEE PROVIDE S DOCUMENTATION FROM A PHYSICIAN 6
OR OTHER LICENSE D HEALTH CARE PRACTI TIONER THAT: 7
(I) THE EMPLOYEE HAS BEE N DIAGNOSED WITH AN 8
AUTOIMMUNE DISORDER OR ANY OTHER QUALIFY ING ILLNESS; AND 9
(II) ON–SITE WORK, OR TRAVEL TO AND FRO M THE WORKPLACE , 10
WOULD BE UNSAFE FOR THE EMPLOYEE ; AND 11
(2) THE DUTIES OF THE EMPLOYEE MAY REA SONABLY BE FULFILLED 12
AT THE HOME OF THE E MPLOYEE. 13
3–1804. 14
(A) (1) IF AN EMPLOYEE BELIEV ES THAT THE EMPLOYER OF THE 15
EMPLOYEE HAS VIOLATE D THIS SUBTITLE , THE EMPLOYEE MAY SUB MIT TO THE 16
COMMISSIONER A WRITTE N COMPLAINT THAT ALL EGES THE VIOLATION AND THAT 17
INCLUDES THE SIGNATU RE OF THE EMPLOYEE . 18
(2) THE COMMISSIONER SHALL AC CEPT AS TIMELY AN OR AL 19
COMPLAINT MADE BY TH E EMPLOYEE UNDER THE CIRCUMSTANCES DESCRI BED IN 20
PARAGRAPH (1) OF THIS SUBSECTION I F, WITHIN 7 BUSINESS DAYS AFTER THE ORAL 21
COMPLAINT IS MADE , THE EMPLOYEE SUBMITS A WRITTEN COMPLAINT THAT 22
INCLUDES THE SIGNATU RE OF THE EMPLOYEE . 23
(3) AN EMPLOYEE SHALL FIL E A COMPLAINT UNDER THIS 24
SUBSECTION WITHIN 30 DAYS AFTER THE ALLEG ED DISCRIMINATION OC CURS. 25
(B) (1) ON RECEIPT OF A COMPLAINT UNDER SUBS ECTION (A) OF THIS 26
SECTION, THE COMMISSIONER MAY INVE STIGATE. 27
(2) IF, AFTER INVESTIGATION , THE COMMISSIONER DETERMIN ES 28
THAT AN EMPLOYER HAS VIOLATED THIS SUBTIT LE, THE COMMISSIONER SHALL 29
FILE A COMPLAINT TO ENJOIN THE VIOLATION OR FOR OTHER APPROPRIATE RELIEF 30
IN THE CIRCUIT COURT FOR: 31 SENATE BILL 1061 5
(I) THE COUNTY IN WHICH THE ALLEGED VIOLATIO N 1
OCCURRED; 2
(II) THE COUNTY IN WHICH THE EMPLOYER HAS ITS PRINCIPAL 3
OFFICE; OR 4
(III) BALTIMORE CITY. 5
(3) WITHIN 90 DAYS AFTER THE COMMISSIONER R ECEIVES A 6
COMPLAINT, THE COMMISSIONER SHALL NO TIFY THE EMPLOYEE OF THE 7
DETERMINATION UNDER THIS SUBSECTION . 8
(C) IF THE COMMISSIONER DETERMIN ES THAT: 9
(1) A SMALL EMPLOYER HAS VIOLATED THIS SUBTIT LE, THE SMALL 10
EMPLOYER SHALL BE SU BJECT TO A CIVIL PEN ALTY NOT EXCEEDING : 11
(I) $500 FOR THE FIRST VIOLAT ION; AND 12
(II) $1,000 FOR EACH SUBSEQUENT VIOLATION; OR 13
(2) AN EMPLOYER OTHER TH AN A SMALL EMPLOYER HAS VIOLATED 14
THIS SUBTITLE, THE EMPLOYER SHALL B E SUBJECT TO A CIVIL PENALTY NOT 15
EXCEEDING: 16
(I) $5,000 FOR THE FIRST VIOLAT ION; AND 17
(II) $10,000 FOR EACH SUBSEQUENT VIOLATION. 18
3–1805. 19
THE DEPARTMENT SHALL ADOP T REGULATIONS TO IMP LEMENT THE 20
PROVISIONS OF THIS S UBTITLE. 21
SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Department of 22
Labor shall adopt the regulations required under § 3–1805 of the Labor and Employment 23
Article, as enacted by Section 1 of this Act, on or before June 1, 2025. 24
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2024. 26