WES MOORE, Governor Ch. 344
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Chapter 344
(Senate Bill 666)
AN ACT concerning
Human Relations – Discrimination by a Place of Public Accommodation
Maryland Commission on Civil Rights – Monetary Relief
FOR the purpose of authorizing certain persons or the Commission on Civil Rights to elect
to have the claims asserted in a certain complaint alleging discrimination by a place
of public accommodation determined in a civil action brought by the Commission
under certain circumstances; requiring a civil action brought by the Commission to
be filed within a certain time period after an election; expanding the remedies
available for discrimination by a place of public accommodation; clarifying the
remedies available for an unlawful employment practice; repealing a prohibition
against issuing certain orders affecting the cost, level, or type of any transportation
services; authorizing a complainant alleging discrimination by a place of public
accommodation to bring a civil action under certain circumstances; providing for the
venue of and remedies in a certain civil action; repealing the authority of the
Commission to seek an order assessing a civil penalty for discrimination by a place
of public accommodation; and generally relating to enforcement and remedies for
discrimination by a place of public accommodation altering certain maximum
amounts of monetary relief the Maryland Commission on Civil Rights is authorized
to award if the Commission finds that a respondent has engaged in a discriminatory
act under certain provisions of law regarding public accommodations and persons
licensed or regulated by a certain unit in the Maryland Department of Labor;
providing that certain maximum amounts of monetary relief the Commission is
authorized to award do not apply under certain circumstances; prohibiting the
Commission from awarding monetary relief to a respondent under certain
circumstances; requiring an administrative law judge to consider certain
information when determining the amount of monetary relief; and generally relating
to the Maryland Commission on Civil Rights and monetary relief.
BY repealing and reenacting, without amendments,
Article – State Government
Section 20–304 and 20–402
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – State Government
Section 20–1001, 20–1006(b), 20–1007(a) and (b), 20–1009, 20–1012(a) and (b),
20–1013, and 20–1016(a) 20–1016
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – State Government
20–1001.
(A) In this part[, “unlawful] THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “DISCRIMINATION BY A P LACE OF PUBLIC ACCOM MODATION” MEANS
AN ACT THAT IS PROHI BITED UNDER § 20–304 OF THIS TITLE.
(C) “UNLAWFUL employment practice” means an act that is prohibited under §
20–606 of this title.
20–1006.
(b) The Executive Director of the Commission shall cause a written notice to be
issued and served in the name of the Commission, together with a copy of the complaint,
requiring the respondent to answer the charges of the complaint at a public hearing:
(1) before an administrative law judge at a time and place certified in the
notice; or
(2) if the complaint alleges an unlawful employment practice OR
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION , in a civil action elected
under § 20–1007 of this subtitle.
20–1007.
(a) (1) When a complaint alleging an unlawful employment practice OR
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION is issued and served under
§ 20–1006 of this subtitle, a complainant or respondent may elect to have the claims
asserted in the complaint determined in a civil action brought by the Commission on the
complainant’s behalf, if:
(i) the Commission has found probable cause to believe the
respondent has engaged in or is engaging in an unlawful employment practice OR
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION ; and
(ii) there is a failure to reach an agreement to remedy and eliminate
the unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC
ACCOMMODATION .
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(2) An election under paragraph (1) of this subsection shall be made within
30 days after the complainant or respondent receives service under § 20–1006(b) of this
subtitle.
(3) If an election is not made under paragraph (1) of this subsection, the
Commission shall provide an opportunity for a hearing as provided under § 20–1008(a) of
this subtitle.
(b) When a complaint alleging an unlawful employment practice OR
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION is issued and served under
§ 20–1006 of this subtitle, the Commission may elect to have the claims asserted in the
complaint determined in a civil action brought on the Commission’s own behalf, if:
(1) the Commission has found probable cause to believe the respondent has
engaged in or is engaging in an unlawful employment practice OR DISCRIMINATION BY A
PLACE OF PUBLIC ACCO MMODATION ; and
(2) there is a failure to reach an agreement to remedy and eliminate the
unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC
ACCOMMODATION .
20–1009.
(a) If, after reviewing all of the evidence, the administrative law judge finds that
the respondent has engaged in a discriminatory act, the administrative law judge shall:
(1) issue a decision and order stating the judge’s findings of fact and
conclusions of law; and
(2) issue and cause to be served on the respondent an order requiring the
respondent to:
(i) cease and desist from engaging in the discriminatory acts; and
(ii) take affirmative action to effectuate the purposes of the
applicable subtitle of this title.
(b) (1) If the respondent is found to have engaged in or to be engaging in an
unlawful employment practice charged in the complaint, the remedy may include:
(i) enjoining the respondent from engaging in the discriminatory
act;
(ii) ordering appropriate affirmative relief, including the
reinstatement or hiring of employees, with or without back pay;
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(iii) awarding compensatory damages; [or] AND
(iv) ordering any other equitable relief that the administrative law
judge considers appropriate.
(2) Compensatory damages awarded under this subsection are in addition
to:
(i) back pay or interest on back pay that the complainant may
recover under any other provision of law; and
(ii) any other equitable relief that a complainant may recover under
any other provision of law.
(3) The sum of the amount of compensatory damages awarded to each
complainant under this subsection for future pecuniary losses, emotional pain, suffering,
inconvenience, mental anguish, loss of enjoyment of life, or nonpecuniary losses, may not
exceed:
(i) $50,000, if the respondent employs not fewer than 15 and not
more than 100 employees in each of 20 or more calendar weeks in the current or preceding
calendar year;
(ii) $100,000, if the respondent employs not fewer than 101 and not
more than 200 employees in each of 20 or more calendar weeks in the current or preceding
calendar year;
(iii) $200,000, if the respondent employs not fewer than 201 and not
more than 500 employees in each of 20 or more calendar weeks in the current or preceding
calendar year; and
(iv) $300,000, if the respondent employs not fewer than 501
employees in each of 20 or more calendar weeks in the current or preceding calendar year.
(4) If back pay is awarded under paragraph (1) of this subsection, the
award shall be reduced by any interim earnings or amounts earnable with reasonable
diligence by the person discriminated against.
(5) In addition to any other relief authorized by this subsection, a
complainant may recover back pay for up to 2 years preceding the filing of the complaint,
where the unlawful employment practice that has occurred during the complaint filing
period is similar or related to an unlawful employment practice with re gard to
discrimination in compensation that occurred outside the time for filing a complaint.
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(C) IF THE RESPONDENT IS FOUND TO HAVE ENGAGE D IN OR TO BE
ENGAGING IN DISCRIMI NATION BY A PLACE OF PUBLIC ACCOMMODATION AS
CHARGED IN THE COMPL AINT, THE REMEDY MAY INCLU DE:
(1) ENJOINING THE RESPON DENT FROM ENGAGING I N THE
DISCRIMINATORY ACT ;
(2) ORDERING APPROPRIATE AFFIRMATIVE RELIEF , INCLUDING THE
PROVISION OF A REASO NABLE ACCOMMODATION ;
(3) AWARDING COMPENSATOR Y DAMAGES FOR PECUNI ARY LOSSES,
EMOTIONAL PAIN , SUFFERING, INCONVENIENCE , MENTAL ANGUISH , LOSS OF
ENJOYMENT OF LIFE , AND OTHER NONPECUNIA RY LOSSES; AND
(4) ORDERING ANY OTHER E QUITABLE RELIEF THAT THE
ADMINISTRATIVE LAW J UDGE CONSIDERS APPRO PRIATE.
[(c)] (D) (1) [(i) Except as provided in subparagraph (ii) of this paragraph,
if] IF the respondent is found to have engaged in or to be engaging in a discriminatory act
other than an unlawful employment practice OR DISCRIMINATION BY A PLACE OF
PUBLIC ACCOMMODATION , in addition to an award of civil penalties as provided in §
20–1016 of this subtitle, nonmonetary relief may be granted to the complainant.
[(ii) An order may not be issued that substantially affects the cost,
level, or type of any transportation services.]
(2) (i) In cases involving transportation services that are supported
fully or partially with funds from the Maryland Department of Transportation, an order
may not be issued that would require costs, level, or type of transportation services different
from or exceeding those required to meet U.S. Department of Transportation regulations
adopted under 29 U.S.C. § 794.
(ii) An order issued in violation of subparagraph (i) of this paragraph
is not enforceable under § 20–1011 of this subtitle.
[(d)] (E) If, after reviewing all of the evidence, the administrative law judge finds
that the respondent has not engaged in an alleged discriminatory act, the administrative
law judge shall:
(1) state findings of fact and conclusions of law; and
(2) issue an order dismissing the complaint.
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[(e)] (F) Unless a timely appeal is filed with the Commission in accordance with
the Commission’s regulations, a decision and order issued by the administrative law judge
under this section shall become the final order of the Commission.
20–1012.
(a) Within 60 days after an election is made under § 20–1007 of this subtitle, the
Commission shall file a civil action in the circuit court for the county where the alleged
unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC
ACCOMMODATION occurred.
(b) If the court finds that an unlawful employment practice OR DISCRIMINATION
BY A PLACE OF PUBLIC ACCOMMODATION occurred, the court may provide the remedies
specified in § 20–1009(b) OR (C) of this subtitle, AS APPROPRIATE .
20–1013.
(a) (1) In addition to the right to make an election under § 20–1007 of this
subtitle, a complainant may bring a civil action against the respondent alleging an unlawful
employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC AC COMMODATION ,
if:
(i) the complainant initially filed a timely administrative charge or
a complaint under federal, State, or local law alleging an unlawful employment practice OR
DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION by the respondent;
(ii) at least 180 days have elapsed since the filing of the
administrative charge or complaint; and
(iii) 1. subject to item 2 of this item, the civil action is filed within
2 years after the alleged unlawful employment practice OR DISCRIMINATION BY A PLACE
OF PUBLIC ACCOMMODAT ION occurred; or
2. if the complaint is alleging harassment, the civil action is
filed within 3 years after the alleged harassment occurred.
(2) The time limitations under paragraph (1)(iii) of this subsection shall be
tolled while an administrative charge or complaint filed by the complainant under
paragraph (1)(ii) is pending.
(b) A civil action under this section shall be filed in the circuit court for the county
where the alleged unlawful employment practice OR DISCRIMINATION BY A PLACE OF
PUBLIC ACCOM MODATION occurred.
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(c) The filing of a civil action under this section automatically terminates any
proceeding before the Commission based on the underlying administrative complaint and
any amendment to the complaint.
(d) If the court finds that an unlawful employment practice OR DISCRIMINATION
BY A PLACE OF PUBLIC ACCOMMODATION occurred, the court may provide the remedies
specified in § 20–1009(b) OR (C) of this subtitle.
(e) (1) In addition to the relief authorized under subsection (d) of this section,
the court may award punitive damages, if:
(i) the respondent is not a governmental unit or political
subdivision; and
(ii) the court finds that the respondent has engaged in or is engaging
in an unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC
ACCOMMODATION with actual malice.
(2) If the court awards punitive damages FOR AN UNLAWFUL
EMPLOYMENT PRACTICE , the sum of the amount of compensatory damages awarded to
each complainant under subsection (d) of this section and the amount of punitive damages
awarded under this subsection may not exceed the applicable limitation established under
§ 20–1009(b)(3) of this subtitle.
(f) If a complainant seeks compensatory or punitive damages under this section:
(1) any party may demand a trial by jury; and
(2) the court may not inform the jury of the limitations on compensatory
and punitive damages imposed under § 20–1009(b)(3) of this subtitle.
(g) When appropriate and to the extent authorized under law, in a dispute arising
under this part, in which the complainant seeks compensatory or punitive damages, the
parties are encouraged to use alternative means of dispute resolution, including settlement
negotiations or mediation.
20–1016.
(a) Except as provided in subsection (b) of this section, in addition to any other
relief authorized, if the Commission finds that a respondent has engaged in a
discriminatory act under [Subtitle 3 or] Subtitle 4 of this title, the Commission may seek
an order assessing a civil penalty against the respondent:
(1) if the respondent has not been adjudicated to have committed any prior
discriminatory act, in an amount not exceeding $500;
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(2) if the respondent has been adjudicated to have committed one other
discriminatory act during the 5–year period ending on the date of the filing of the current
charge, in an amount not exceeding $1,000; and
(3) if the respondent has been adjudicated to have committed two or more
discriminatory acts during the 7–year period ending on the date of the filing of the current
charge, in an amount not exceeding $2,500.
20–304.
An owner or operator of a place of public accommodation or an agent or employee of
the owner or operator may not refuse, withhold from, or deny to any person any of the
accommodations, advantages, facilities, or privileges of the place of public accommodation
because of the person’s race, sex, age, color, creed, national origin, marital status, sexual
orientation, gender identity, or disability.
20–402.
A person that is licensed or regulated by a unit in the Maryland Department of Labor
listed in § 2–108 of the Business Regulation Article may not refuse, withhold from, or deny
any person any of the accommodations, advantages, facilities, privileges, sales, or services
of the licensed or regulated person or discriminate against any person because of the
person’s race, sex, creed, color, national origin, marital status, sexual orientation, age,
gender identity, or disability.
20–1016.
(a) Except as provided in [subsection] SUBSECTIONS (b) AND (C) of this section,
in addition to any other relief authorized, if the Commission finds that a respondent has
engaged in a discriminatory act under Subtitle 3 or Subtitle 4 of this title, the Commission
may seek an order [assessing a civil penalty against the respondent] AWARDING
MONETARY RELIEF TO T HE COMPLAINANT :
(1) if the respondent has not been adjudicated to have committed any prior
discriminatory act, in an amount not exceeding [$500] $1,000;
(2) if the respondent has been adjudicated to have committed one other
discriminatory act during the 5–year period ending on the date of the filing of the current
charge, in an amount not exceeding [$1,000] $2,000; and
(3) if the respondent has been adjudicated to have committed two or more
discriminatory acts during the 7–year period ending on the date of the filing of the current
charge, in an amount not exceeding [$2,500] $3,000.
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(b) (1) If the discriminatory act is committed by an individual who has been
previously adjudicated to have committed one or more discriminatory acts, the time periods
set forth in subsection (a)(2) and (3) of this section do not apply.
(2) IF THE DISCRIMINATORY ACT IS COMMITTED BY THE AGENT OR
EMPLOYEE OF A RESPON DENT, THE MAXIMUM AMOUNTS SET FORTH IN SUBSECTION
(A)(2) AND (3) OF THIS SECTION DO N OT APPLY AND THE COMMISSION MAY SEEK A N
ORDER AWARDING MONET ARY RELIEF IN AN AMO UNT NOT EXCEEDING $25,000,
PROVIDED THAT :
(I) THE ACT COMMITTED BY THE AGENT OR EMPLOYE E IS
DETERMINED TO BE DIS CRIMINATORY ; AND
(II) THE RESPONDENT HAS N OT REASONABLY MITIGA TED THE
HARM CAUSED BY THE D ISCRIMINATORY ACT .
(3) THE MAXIMUM AMOUNTS S ET FORTH IN SUBSECTI ON (A)(2) AND
(3) OF THIS SECTION DO N OT APPLY IF THE ACT IS FOUND TO BE MA LICIOUS.
(C) THE COMMISSION MAY NOT SE EK AN ORDER AWARDING MONETARY
RELIEF TO A COMPLAIN ANT IF:
(1) THE DISCRIMINATORY A CT WAS LIMITED TO A VIOLATION
RELATING TO ACCESSIB ILITY;
(2) THE RESPONDENT , AFTER BEING SERVED , TAKES PROMPT
CORRECTIVE ACTION ; AND
(3) THE RESPONDENT HAS N OT PREVIOUSLY BEEN T HE SUBJECT OF A
COMPLAINT UNDER § 20–1004 OF THIS SUBTITLE.
(D) IF THE COMMISSION SEEKS AN O RDER AWARDING MONETA RY RELIEF
BEFORE AN ADMINISTRA TIVE LAW JUDGE UNDER § 20–1008 OF THIS SUBTITLE , IN
DETERMIN ING THE AMOUNT OF TH E MONETARY RELIEF TO BE AWARDED , THE
ADMINISTRATIVE LAW J UDGE SHALL CONSIDER :
(1) THE SERIOUSNESS OF T HE DISCRIMINATORY AC T;
(2) THE GOOD FAITH OF TH E RESPONDENT ;
(3) THE HARMFUL EFFECT T O THE PUBLIC OF THE DISCRIMINATORY
ACT;
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(4) THE HARMFUL EFFECT O F THE RESPONDENT ’S ACTIONS ON THE
INVESTIGATORY PROCES S OF THE COMMISSION; AND
(5) THE RESPONDENT ’S ASSETS.
[(c)] (E) Any [civil penalties] MONETARY RELIEF collected under this section
shall be paid to the [General Fund of the State] COMPLAINANT .
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before July 1, 2025, and
on or before July 1 of each of the immediately following 4 years, the Maryland Commission
on Civil Rights shall submit a report to the Governor and, in accordance with § 2–1257 of
the State Government Article, the General Assembly regarding the effect Section 1 of this
Act has had on persons against whom complaints have been filed under Title 20 of the State
Government Article.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, April 25, 2024.