EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0666*
SENATE BILL 666
D5 4lr3190
SB 642/11 – JPR CF HB 368
By: Senator Charles
Introduced and read first time: January 29, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Human Relations – Discrimination by a Place of Public Accommodation 2
FOR the purpose of authorizing certain persons or the Commission on Civil Rights to elect 3
to have the claims asserted in a certain complaint alleging discrimination by a place 4
of public accommodation determined in a civil action brought by the Commission 5
under certain circumstances; requiring a civil action brought by the Commission to 6
be filed within a certain time period after an election; expanding the remedies 7
available for discrimination by a place of public accommodation; clarifying the 8
remedies available for an unlawful employment practice; repealing a prohibition 9
against issuing certain orders affecting the cost, level, or type of any transportation 10
services; authorizing a complainant alleging discrimination by a place of public 11
accommodation to bring a civil action under certain circumstances; providing for the 12
venue of and remedies in a certain civil action; repealing the authority of the 13
Commission to seek an order assessing a civil penalty for discrimination by a place 14
of public accommodation; and generally relating to enforcement and remedies for 15
discrimination by a place of public accommodation. 16
BY repealing and reenacting, with amendments, 17
Article – State Government 18
Section 20–1001, 20–1006(b), 20–1007(a) and (b), 20–1009, 20–1012(a) and (b), 19
20–1013, and 20–1016(a) 20
Annotated Code of Maryland 21
(2021 Replacement Volume and 2023 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – State Government 25
20–1001. 26
2 SENATE BILL 666
(A) In this part[, “unlawful] THE FOLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(B) “DISCRIMINATION BY A P LACE OF PUBLIC ACCOM MODATION” MEANS 3
AN ACT THAT IS PROHIBITED U NDER § 20–304 OF THIS TITLE. 4
(C) “UNLAWFUL employment practice” means an act that is prohibited under § 5
20–606 of this title. 6
20–1006. 7
(b) The Executive Director of the Commission shall cause a written notice to be 8
issued and served in the name of the Commission, together with a copy of the complaint, 9
requiring the respondent to answer the charges of the complaint at a public hearing: 10
(1) before an administrative law judge at a time and place certified in the 11
notice; or 12
(2) if the complaint alleges an unlawful employment practice OR 13
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION , in a civil action elected 14
under § 20–1007 of this subtitle. 15
20–1007. 16
(a) (1) When a complaint alleging an unlawful employment practice OR 17
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION is issued and served under 18
§ 20–1006 of this subtitle, a complainant or respondent may elect to have the claims 19
asserted in the complaint determined in a civil action brought by the Commission on the 20
complainant’s behalf, if: 21
(i) the Commission has found probable cause to believe the 22
respondent has engaged in or is engaging in an unlawful employment practice OR 23
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION ; and 24
(ii) there is a failure to reach an agreement to remedy and eliminate 25
the unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 26
ACCOMMODATION . 27
(2) An election under paragraph (1) of this subsection shall be made within 28
30 days after the complainant or respondent receives service under § 20–1006(b) of this 29
subtitle. 30
(3) If an election is not made under paragraph (1) of this subsection, the 31
Commission shall provide an opportunity for a hearing as provided under § 20–1008(a) of 32
this subtitle. 33
SENATE BILL 666 3
(b) When a complaint alleging an unlawful employment practice OR 1
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION is issued and served under 2
§ 20–1006 of this subtitle, the Commission may elect to have the claims asserted in the 3
complaint determined in a civil action brought on the Commission’s own behalf, if: 4
(1) the Commission has found probable cause to believe the respondent has 5
engaged in or is engaging in an unlawful employment practice OR DISCRIMINATION BY A 6
PLACE OF PUBLIC ACCO MMODATION ; and 7
(2) there is a failure to reach an agreement to remedy and eliminate the 8
unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 9
ACCOMMODATION . 10
20–1009. 11
(a) If, after reviewing all of the evidence, the administrative law judge finds that 12
the respondent has engaged in a discriminatory act, the administrative law judge shall: 13
(1) issue a decision and order stating the judge’s findings of fact and 14
conclusions of law; and 15
(2) issue and cause to be served on the respondent an order requiring the 16
respondent to: 17
(i) cease and desist from engaging in the discriminatory acts; and 18
(ii) take affirmative action to effectuate the purposes of the 19
applicable subtitle of this title. 20
(b) (1) If the respondent is found to have engaged in or to be engaging in an 21
unlawful employment practice charged in the complaint, the remedy may include: 22
(i) enjoining the respondent from engaging in the discriminatory 23
act; 24
(ii) ordering appropriate affirmative relief, including the 25
reinstatement or hiring of employees, with or without back pay; 26
(iii) awarding compensatory damages; [or] AND 27
(iv) ordering any other equitable relief that the administrative law 28
judge considers appropriate. 29
(2) Compensatory damages awarded under this subsection are in addition 30
to: 31
4 SENATE BILL 666
(i) back pay or interest on back pay that the complainant may 1
recover under any other provision of law; and 2
(ii) any other equitable relief that a complainant may recover under 3
any other provision of law. 4
(3) The sum of the amount of compensatory damages awarded to each 5
complainant under this subsection for future pecuniary losses, emotional pain, suffering, 6
inconvenience, mental anguish, loss of enjoyment of life, or nonpecuniary losses, may not 7
exceed: 8
(i) $50,000, if the respondent employs not fewer than 15 and not 9
more than 100 employees in each of 20 or more calendar weeks in the current or preceding 10
calendar year; 11
(ii) $100,000, if the respondent employs not fewer than 101 and not 12
more than 200 employees in each of 20 or more calendar weeks in the current or preceding 13
calendar year; 14
(iii) $200,000, if the respondent employs not fewer than 201 and not 15
more than 500 employees in each of 20 or more calendar weeks in the current or preceding 16
calendar year; and 17
(iv) $300,000, if the respondent employs not fewer than 501 18
employees in each of 20 or more calendar weeks in the current or preceding calendar year. 19
(4) If back pay is awarded under paragraph (1) of this subsection, the 20
award shall be reduced by any interim earnings or amounts earnable with reasonable 21
diligence by the person discriminated against. 22
(5) In addition to any other relief authorized by this subsection, a 23
complainant may recover back pay for up to 2 years preceding the filing of the complaint, 24
where the unlawful employment practice that has occurred during the complaint filing 25
period is similar or related to an unlawful employment practice with regard to 26
discrimination in compensation that occurred outside the time for filing a complaint. 27
(C) IF THE RESPONDENT IS FOUND TO HAVE ENG AGED IN OR TO BE 28
ENGAGING IN DISCRIMI NATION BY A PLACE OF PUBLIC ACCOMMODATION AS 29
CHARGED IN THE COMPL AINT, THE REMEDY MAY INCLU DE: 30
(1) ENJOINING THE RESPON DENT FROM ENGAGING I N THE 31
DISCRIMINATORY ACT ; 32
(2) ORDERING APPROPRIATE AFFIRMATIVE RELIEF , INCLUDING THE 33
PROVISION OF A REASO NABLE ACCOMMODATION ; 34
SENATE BILL 666 5
(3) AWARDING COMPENSATOR Y DAMAGES FOR PECUNI ARY LOSSES, 1
EMOTIONAL PAIN , SUFFERING, INCONVENIENCE , MENTAL ANGUISH , LOSS OF 2
ENJOYMENT OF LIFE , AND OTHER NONPECUNIA RY LOSSES; AND 3
(4) ORDERING ANY OTHER E QUITABLE RELIEF THAT THE 4
ADMINISTRATIVE LAW J UDGE CONSIDERS APPRO PRIATE. 5
[(c)] (D) (1) [(i) Except as provided in subparagraph (ii) of this paragraph, 6
if] IF the respondent is found to have engaged in or to be engaging in a discriminatory act 7
other than an unlawful employment practice OR DISCRIMINATION BY A PLACE OF 8
PUBLIC ACCOMMODATION , in addition to an award of civil penalties as provided in § 9
20–1016 of this subtitle, nonmonetary relief may be granted to the complainant. 10
[(ii) An order may not be issued that substantially affects the cost, 11
level, or type of any transportation services.] 12
(2) (i) In cases involving transportation services that are supported 13
fully or partially with funds from the Maryland Department of Transportation, an order 14
may not be issued that would require costs, level, or type of transportation services different 15
from or exceeding those required to meet U.S. Department of Transportation regulations 16
adopted under 29 U.S.C. § 794. 17
(ii) An order issued in violation of subparagraph (i) of this paragraph 18
is not enforceable under § 20–1011 of this subtitle. 19
[(d)] (E) If, after reviewing all of the evidence, the administrative law judge finds 20
that the respondent has not engaged in an alleged discriminatory act, the administrative 21
law judge shall: 22
(1) state findings of fact and conclusions of law; and 23
(2) issue an order dismissing the complaint. 24
[(e)] (F) Unless a timely appeal is filed with the Commission in accordance with 25
the Commission’s regulations, a decision and order issued by the administrative law judge 26
under this section shall become the final order of the Commission. 27
20–1012. 28
(a) Within 60 days after an election is made under § 20–1007 of this subtitle, the 29
Commission shall file a civil action in the circuit court for the county where the alleged 30
unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 31
ACCOMMODATION occurred. 32
6 SENATE BILL 666
(b) If the court finds that an unlawful employment practice OR DISCRIMINATION 1
BY A PLACE OF PUBLIC ACCOMMODATION occurred, the court may provide the remedies 2
specified in § 20–1009(b) OR (C) of this subtitle, AS APPROPRIATE . 3
20–1013. 4
(a) (1) In addition to the right to make an election under § 20–1007 of this 5
subtitle, a complainant may bring a civil action against the respondent alleging an unlawful 6
employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC AC COMMODATION , 7
if: 8
(i) the complainant initially filed a timely administrative charge or 9
a complaint under federal, State, or local law alleging an unlawful employment practice OR 10
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION by the respondent; 11
(ii) at least 180 days have elapsed since the filing of the 12
administrative charge or complaint; and 13
(iii) 1. subject to item 2 of this item, the civil action is filed within 14
2 years after the alleged unlawful employment practice OR DISCRIMINATION BY A PLACE 15
OF PUBLIC ACCOMMODAT ION occurred; or 16
2. if the complaint is alleging harassment, the civil action is 17
filed within 3 years after the alleged harassment occurred. 18
(2) The time limitations under paragraph (1)(iii) of this subsection shall be 19
tolled while an administrative charge or complaint filed by the complainant under 20
paragraph (1)(ii) is pending. 21
(b) A civil action under this section shall be filed in the circuit court for the county 22
where the alleged unlawful employment practice OR DISCRIMINATION BY A PLACE OF 23
PUBLIC ACCOMMODATION occurred. 24
(c) The filing of a civil action under this section automatically terminates any 25
proceeding before the Commission based on the underlying administrative complaint and 26
any amendment to the complaint. 27
(d) If the court finds that an unlawful employment practice OR DISCRIMINATION 28
BY A PLACE OF PUBLIC ACCOMMODATION occurred, the court may provide the remedies 29
specified in § 20–1009(b) OR (C) of this subtitle. 30
(e) (1) In addition to the relief authorized under subsection (d) of this section, 31
the court may award punitive damages, if: 32
(i) the respondent is not a governmental unit or political 33
subdivision; and 34 SENATE BILL 666 7
(ii) the court finds that the respondent has engaged in or is engaging 1
in an unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 2
ACCOMM ODATION with actual malice. 3
(2) If the court awards punitive damages FOR AN UNLAWFUL 4
EMPLOYMENT PRACTICE , the sum of the amount of compensatory damages awarded to 5
each complainant under subsection (d) of this section and the amount of punitive damages 6
awarded under this subsection may not exceed the applicable limitation established under 7
§ 20–1009(b)(3) of this subtitle. 8
(f) If a complainant seeks compensatory or punitive damages under this section: 9
(1) any party may demand a trial by jury; and 10
(2) the court may not inform the jury of the limitations on compensatory 11
and punitive damages imposed under § 20–1009(b)(3) of this subtitle. 12
(g) When appropriate and to the extent authorized under law, in a dispute arising 13
under this part, in which the complainant seeks compensatory or punitive damages, the 14
parties are encouraged to use alternative means of dispute resolution, including settlement 15
negotiations or mediation. 16
20–1016. 17
(a) Except as provided in subsection (b) of this section, in addition to any other 18
relief authorized, if the Commission finds that a respondent has engaged in a 19
discriminatory act under [Subtitle 3 or] Subtitle 4 of this title, the Commission may seek 20
an order assessing a civil penalty against the respondent: 21
(1) if the respondent has not been adjudicated to have committed any prior 22
discriminatory act, in an amount not exceeding $500; 23
(2) if the respondent has been adjudicated to have committed one other 24
discriminatory act during the 5–year period ending on the date of the filing of the current 25
charge, in an amount not exceeding $1,000; and 26
(3) if the respondent has been adjudicated to have committed two or more 27
discriminatory acts during the 7–year period ending on the date of the filing of the current 28
charge, in an amount not exceeding $2,500. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2024. 31