EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*sb0666*
SENATE BILL 666
D5 (4lr3190)
ENROLLED BILL
— Judicial Proceedings/Health and Government Operations —
Introduced by Senator Charles
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Human Relations – Discrimination by a Place of Public Accommodation 2
Maryland Commission on Civil Rights – Monetary Relief 3
FOR the purpose of authorizing certain persons or the Commission on Civil Rights to elect 4
to have the claims asserted in a certain complaint alleging discrimination by a place 5
of public accommodation determined in a civil action brought by the Commission 6
under certain circumstances; requiring a civil action brought by the Commission to 7
be filed within a certain time period after an election; expanding the remedies 8
available for discrimination by a place of public accommodation; clarifying the 9
remedies available for an unlawful employment practice; repealing a prohibition 10
against issuing certain orders affecting the cost, level, or type of any transportation 11
services; authorizing a complainant alleging discrimination by a place of public 12
accommodation to bring a civil action under certain circumstances; providing for the 13
venue of and remedies in a certain civil action; repealing the authority of the 14
Commission to seek an order assessing a civil penalty for discrimination by a place 15 2 SENATE BILL 666
of public accommodation; and generally relating to enforcement and remedies for 1
discrimination by a place of public accommodation altering certain maximum 2
amounts of monetary relief the Maryland Commission on Civil Rights is authorized 3
to award if the Commission finds that a respondent has engaged in a discriminatory 4
act under certain provisions of law regarding public accommodations and persons 5
licensed or regulated by a certain unit in the Maryland Department of Labor; 6
providing that certain maximum amounts of monetary relief the Commission is 7
authorized to award do not apply under certain circumstances; prohibiting the 8
Commission from awarding monetary relief to a respondent under certain 9
circumstances; requiring an administrative law judge to consider certain 10
information when determining the amount of monetary relief; and generally relating 11
to the Maryland Commission on Civil Rights and monetary relief. 12
BY repealing and reenacting, without amendments, 13
Article – State Government 14
Section 20–304 and 20–402 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2023 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – State Government 19
Section 20–1001, 20–1006(b), 20–1007(a) and (b), 20–1009, 20–1012(a) and (b), 20
20–1013, and 20–1016(a) 20–1016 21
Annotated Code of Maryland 22
(2021 Replacement Volume and 2023 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – State Government 26
20–1001. 27
(A) In this part[, “unlawful] THE FOLLOWING WORDS HAVE THE MEANINGS 28
INDICATED. 29
(B) “DISCRIMINATION BY A P LACE OF PUBLIC ACCOM MODATION” MEANS 30
AN ACT THAT IS PROHI BITED UNDER § 20–304 OF THIS TITLE. 31
(C) “UNLAWFUL employment practice” means an act that is prohibited under § 32
20–606 of this title. 33
20–1006. 34
SENATE BILL 666 3
(b) The Executive Director of the Commission shall cause a written notice to be 1
issued and served in the name of the Commission, together with a copy of the complaint, 2
requiring the respondent to answer the charges of the complaint at a public hearing: 3
(1) before an administrative law judge at a time and place certified in the 4
notice; or 5
(2) if the complaint alleges an unlawful employment practice OR 6
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION , in a civil action elected 7
under § 20–1007 of this subtitle. 8
20–1007. 9
(a) (1) When a complaint alleging an unlawful employment practice OR 10
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION is issued and served under 11
§ 20–1006 of this subtitle, a complainant or respondent may elect to have the claims 12
asserted in the complaint determined in a civil action brought by the Commission on the 13
complainant’s behalf, if: 14
(i) the Commission has found probable cause to believe the 15
respondent has engaged in or is engaging in an unlawful employment practice OR 16
DISCRIMINATION BY A PLACE OF PUBLIC ACCOMMODATION ; and 17
(ii) there is a failure to reach an agreement to remedy and eliminate 18
the unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 19
ACCOMMODATION . 20
(2) An election under paragraph (1) of this subsection shall be made within 21
30 days after the complainant or respondent receives service under § 20–1006(b) of this 22
subtitle. 23
(3) If an election is not made under paragraph (1) of this subsection, the 24
Commission shall provide an opportunity for a hearing as provided under § 20–1008(a) of 25
this subtitle. 26
(b) When a complaint alleging an unlawful employment practice OR 27
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION is issued and served under 28
§ 20–1006 of this subtitle, the Commission may elect to have the claims asserted in the 29
complaint determined in a civil action brought on the Commission’s own behalf, if: 30
(1) the Commission has found probable cause to believe the respondent has 31
engaged in or is engaging in an unlawful employment practice OR DISCRIMINATION BY A 32
PLACE OF PUBLIC ACCO MMODATION ; and 33
4 SENATE BILL 666
(2) there is a failure to reach an agreement to remedy and eliminate the 1
unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 2
ACCOMMODATION . 3
20–1009. 4
(a) If, after reviewing all of the evidence, the administrative law judge finds that 5
the respondent has engaged in a discriminatory act, the administrative law judge shall: 6
(1) issue a decision and order stating the judge’s findings of fact and 7
conclusions of law; and 8
(2) issue and cause to be served on the respondent an order requiring the 9
respondent to: 10
(i) cease and desist from engaging in the discriminatory acts; and 11
(ii) take affirmative action to effectuate the purposes of the 12
applicable subtitle of this title. 13
(b) (1) If the respondent is found to have engaged in or to be engaging in an 14
unlawful employment practice charged in the complaint, the remedy may include: 15
(i) enjoining the respondent from engaging in the discriminatory 16
act; 17
(ii) ordering appropriate affirmative relief, including the 18
reinstatement or hiring of employees, with or without back pay; 19
(iii) awarding compensatory damages; [or] AND 20
(iv) ordering any other equitable relief that the administrative law 21
judge considers appropriate. 22
(2) Compensatory damages awarded under this subsection are in addition 23
to: 24
(i) back pay or interest on back pay that the complainant may 25
recover under any other provision of law; and 26
(ii) any other equitable relief that a complainant may recover under 27
any other provision of law. 28
(3) The sum of the amount of compensatory damages awarded to each 29
complainant under this subsection for future pecuniary losses, emotional pain, suffering, 30 SENATE BILL 666 5
inconvenience, mental anguish, loss of enjoyment of life, or nonpecuniary losses, may not 1
exceed: 2
(i) $50,000, if the respondent employs not fewer than 15 and not 3
more than 100 employees in each of 20 or more calendar weeks in the current or preceding 4
calendar year; 5
(ii) $100,000, if the respondent employs not fewer than 101 and not 6
more than 200 employees in each of 20 or more calendar weeks in the current or preceding 7
calendar year; 8
(iii) $200,000, if the respondent employs not fewer than 201 and not 9
more than 500 employees in each of 20 or more calendar weeks in the current or preceding 10
calendar year; and 11
(iv) $300,000, if the respondent employs not fewer than 501 12
employees in each of 20 or more calendar weeks in the current or preceding calendar year. 13
(4) If back pay is awarded under paragraph (1) of this subsection, the 14
award shall be reduced by any interim earnings or amounts earnable with reasonable 15
diligence by the person discriminated against. 16
(5) In addition to any other relief authorized by this subsection, a 17
complainant may recover back pay for up to 2 years preceding the filing of the complaint, 18
where the unlawful employment practice that has occurred during the complaint filing 19
period is similar or related to an unlawful employment practice with regard to 20
discrimination in compensation that occurred outside the time for filing a complaint. 21
(C) IF THE RESPONDENT IS FOUND TO HAVE ENGAGE D IN OR TO BE 22
ENGAGING IN DISCRIMI NATION BY A PLACE OF PUBLIC ACCOMMODATION AS 23
CHARGED IN THE COMPL AINT, THE REMEDY MAY INCLU DE: 24
(1) ENJOINING THE RESPON DENT FROM ENGAGING I N THE 25
DISCRIMINATORY ACT ; 26
(2) ORDERING APPROPRIATE AFFIRMATIVE RELIEF , INCLUDING THE 27
PROVISION OF A REASO NABLE ACCOMMODATION ; 28
(3) AWARDING COMPENSATOR Y DAMAGES FOR PECUNI ARY LOSSES, 29
EMOTIONAL PAIN , SUFFERING, INCONVENIENCE , MENTAL ANGUISH , LOSS OF 30
ENJOYMENT OF LIFE , AND OTHER NONPECUNIA RY LOSSES; AND 31
(4) ORDERING ANY OTHER E QUITABLE RELIEF THAT THE 32
ADMINISTRATIVE LAW J UDGE CONSIDERS APPRO PRIATE. 33
6 SENATE BILL 666
[(c)] (D) (1) [(i) Except as provided in subparagraph (ii) of this paragraph, 1
if] IF the respondent is found to have engaged in or to be engaging in a discriminatory act 2
other than an unlawful employment practice OR DISCRIMINATION BY A PLACE OF 3
PUBLIC ACCOMMODATION , in addition to an award of civil penalties as provided in § 4
20–1016 of this subtitle, nonmonetary relief may be granted to the complainant. 5
[(ii) An order may not be issued that substantially affects the cost, 6
level, or type of any transportation services.] 7
(2) (i) In cases involving transportation services that are supported 8
fully or partially with funds from the Maryland Department of Transportation, an order 9
may not be issued that would require costs, level, or type of transportation services different 10
from or exceeding those required to meet U.S. Department of Transportation regulations 11
adopted under 29 U.S.C. § 794. 12
(ii) An order issued in violation of subparagraph (i) of this paragraph 13
is not enforceable under § 20–1011 of this subtitle. 14
[(d)] (E) If, after reviewing all of the evidence, the administrative law judge finds 15
that the respondent has not engaged in an alleged discriminatory act, the administrative 16
law judge shall: 17
(1) state findings of fact and conclusions of law; and 18
(2) issue an order dismissing the complaint. 19
[(e)] (F) Unless a timely appeal is filed with the Commission in accordance with 20
the Commission’s regulations, a decision and order issued by the administrative law judge 21
under this section shall become the final order of the Commission. 22
20–1012. 23
(a) Within 60 days after an election is made under § 20–1007 of this subtitle, the 24
Commission shall file a civil action in the circuit court for the county where the alleged 25
unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 26
ACCOMMODATION occurred. 27
(b) 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, AS APPROPRIATE . 30
20–1013. 31
(a) (1) In addition to the right to make an election under § 20–1007 of this 32
subtitle, a complainant may bring a civil action against the respondent alleging an unlawful 33 SENATE BILL 666 7
employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC AC COMMODATION , 1
if: 2
(i) the complainant initially filed a timely administrative charge or 3
a complaint under federal, State, or local law alleging an unlawful employment practice OR 4
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION by the respondent; 5
(ii) at least 180 days have elapsed since the filing of the 6
administrative charge or complaint; and 7
(iii) 1. subject to item 2 of this item, the civil action is filed within 8
2 years after the alleged unlawful employment practice OR DISCRIMINATION BY A PLACE 9
OF PUBLIC ACCOMMODAT ION occurred; or 10
2. if the complaint is alleging harassment, the civil action is 11
filed within 3 years after the alleged harassment occurred. 12
(2) The time limitations under paragraph (1)(iii) of this subsection shall be 13
tolled while an administrative charge or complaint filed by the complainant under 14
paragraph (1)(ii) is pending. 15
(b) A civil action under this section shall be filed in the circuit court for the county 16
where the alleged unlawful employment practice OR DISCRIMINATION BY A PLACE OF 17
PUBLIC ACCOMMODATION occurred. 18
(c) The filing of a civil action under this section automatically terminates any 19
proceeding before the Commission based on the underlying administrative complaint and 20
any amendment to the complaint. 21
(d) If the court finds that an unlawful employment practice OR DISCRIMINATION 22
BY A PLACE OF PUBLIC ACCOMMODATION occurred, the court may provide the remedies 23
specified in § 20–1009(b) OR (C) of this subtitle. 24
(e) (1) In addition to the relief authorized under subsection (d) of this section, 25
the court may award punitive damages, if: 26
(i) the respondent is not a governmental unit or political 27
subdivision; and 28
(ii) the court finds that the respondent has engaged in or is engaging 29
in an unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 30
ACCOMMODATION with actual malice. 31
(2) If the court awards punitive damages FOR AN UNLAWFUL 32
EMPLOYMENT PRACTICE , the sum of the amount of compensatory damages awarded to 33
each complainant under subsection (d) of this section and the amount of punitive damages 34 8 SENATE BILL 666
awarded under this subsection may not exceed the applicable limitation established under 1
§ 20–1009(b)(3) of this subtitle. 2
(f) If a complainant seeks compensatory or punitive damages under this section: 3
(1) any party may demand a trial by jury; and 4
(2) the court may not inform the jury of the limitations on compensatory 5
and punitive damages imposed under § 20–1009(b)(3) of this subtitle. 6
(g) When appropriate and to the extent authorized under law, in a dispute arising 7
under this part, in which the complainant seeks compensatory or punitive damages, the 8
parties are encouraged to use alternative means of dispute resolution, including settlement 9
negotiations or mediation. 10
20–1016. 11
(a) Except as provided in subsection (b) of this section, in addition to any other 12
relief authorized, if the Commission finds that a respondent has engaged in a 13
discriminatory act under [Subtitle 3 or] Subtitle 4 of this title, the Commission may seek 14
an order assessing a civil penalty against the respondent: 15
(1) if the respondent has not been adjudicated to have committed any prior 16
discriminatory act, in an amount not exceeding $500; 17
(2) if the respondent has been adjudicated to have committed one other 18
discriminatory act during the 5–year period ending on the date of the filing of the current 19
charge, in an amount not exceeding $1,000; and 20
(3) if the respondent has been adjudicated to have committed two or more 21
discriminatory acts during the 7–year period ending on the date of the filing of the current 22
charge, in an amount not exceeding $2,500. 23
20–304. 24
An owner or operator of a place of public accommodation or an agent or employee of 25
the owner or operator may not refuse, withhold from, or deny to any person any of the 26
accommodations, advantages, facilities, or privileges of the place of public accommodation 27
because of the person’s race, sex, age, color, creed, national origin, marital status, sexual 28
orientation, gender identity, or disability. 29
20–402. 30
A person that is licensed or regulated by a unit in the Maryland Department of Labor 31
listed in § 2–108 of the Business Regulation Article may not refuse, withhold from, or deny 32
any person any of the accommodations, advantages, facilities, privileges, sales, or services 33
of the licensed or regulated person or discriminate against any person because of the 34 SENATE BILL 666 9
person’s race, sex, creed, color, national origin, marital status, sexual orientation, age, 1
gender identity, or disability. 2
20–1016. 3
(a) Except as provided in [subsection] SUBSECTIONS (b) AND (C) of this section, 4
in addition to any other relief authorized, if the Commission finds that a respondent has 5
engaged in a discriminatory act under Subtitle 3 or Subtitle 4 of this title, the Commission 6
may seek an order [assessing a civil penalty against the respondent] AWARDING 7
MONETARY RELIEF TO T HE COMPLAINANT : 8
(1) if the respondent has not been adjudicated to have committed any prior 9
discriminatory act, in an amount not exceeding [$500] $1,000; 10
(2) if the respondent has been adjudicated to have committed one other 11
discriminatory act during the 5–year period ending on the date of the filing of the current 12
charge, in an amount not exceeding [$1,000] $2,000; and 13
(3) if the respondent has been adjudicated to have committed two or more 14
discriminatory acts during the 7–year period ending on the date of the filing of the current 15
charge, in an amount not exceeding [$2,500] $3,000. 16
(b) (1) If the discriminatory act is committed by an individual who has been 17
previously adjudicated to have committed one or more discriminatory acts, the time periods 18
set forth in subsection (a)(2) and (3) of this section do not apply. 19
(2) IF THE DISCRIMINATORY ACT IS COMMITTED BY THE AGENT OR 20
EMPLOYEE OF A RESPON DENT, THE MAXIMUM AMOUNTS SET F ORTH IN SUBSECTION 21
(A)(2) AND (3) OF THIS SECTION DO N OT APPLY AND THE COMMISSION MAY SEEK A N 22
ORDER AWARDING MONET ARY RELIEF IN AN AMO UNT NOT EXCEEDING $25,000, 23
PROVIDED THAT : 24
(I) THE ACT COMMITTED BY THE AGENT OR EMPLOYE E IS 25
DETERMINED TO BE DIS CRIMINATORY ; AND 26
(II) THE RESPONDENT HAS N OT REASONABLY MITIGA TED THE 27
HARM CAUSED BY THE D ISCRIMINATORY ACT . 28
(3) THE MAXIMUM AMOUNTS S ET FORTH IN SUBSECTI ON (A)(2) AND 29
(3) OF THIS SECTION DO N OT APPLY IF THE ACT IS FOUND TO BE MA LICIOUS. 30
(C) THE COMMISSION MAY NOT SE EK AN ORDER AWARDING MONETARY 31
RELIEF TO A COMPLAIN ANT IF: 32
10 SENATE BILL 666
(1) THE DISCRIMINATORY A CT WAS LIMITED TO A VIOLATION 1
RELATING TO ACCESSIB ILITY; 2
(2) THE RESPONDENT , AFTER BEING SERVED , TAKES PROMPT 3
CORRECTIVE ACTION ; AND 4
(3) THE RESPONDENT HAS N OT PREVIOUSLY BEEN T HE SUBJECT OF A 5
COMPLAINT UNDER § 20–1004 OF THIS SUBTITLE. 6
(D) IF THE COMMISSION SEEKS AN O RDER AWARDING MONETA RY RELIEF 7
BEFORE AN ADMINISTRA TIVE LAW JUDGE UNDER § 20–1008 OF THIS SUBTITLE , IN 8
DETERMIN ING THE AMOUNT OF TH E MONETARY RELIEF TO BE AWARDED , THE 9
ADMINISTRATIVE LAW J UDGE SHALL CONSIDER : 10
(1) THE SERIOUSNESS OF T HE DISCRIMINATORY AC T; 11
(2) THE GOOD FAITH OF TH E RESPONDENT ; 12
(3) THE HARMFUL EFFECT T O THE PUBLIC OF THE DISCRIMINATORY 13
ACT; 14
(4) THE HARMFUL EFFECT O F THE RESPONDENT ’S ACTIONS ON THE 15
INVESTIGATORY PROCES S OF THE COMMISSION; AND 16
(5) THE RESPONDENT ’S ASSETS. 17
[(c)] (E) Any [civil penalties] MONETARY RELIEF collected under this section 18
shall be paid to the [General Fund of the State] COMPLAINANT . 19
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before July 1, 2025, and 20
on or before July 1 of each of the immediately following 4 years, the Maryland Commission 21
on Civil Rights shall submit a report to the Governor and, in accordance with § 2–1257 of 22
the State Government Article, the General Assembly regarding the effect Section 1 of this 23
Act has had on persons against whom complaints have been filed under Title 20 of the State 24
Government Article. 25
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2024. 27