Maryland 2024 Regular Session

Maryland Senate Bill SB666 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 344
2	1
3		-	– 1 –
4		-	Chapter 344
5		-	(Senate Bill 666)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	sb0666
8	10
9		-	Human Relations – Discrimination by a Place of Public Accommodation
10		-	Maryland Commission on Civil Rights – Monetary Relief
	11	+	SENATE BILL 666
	12	+	D5 (4lr3190)
	13	+	ENROLLED BILL
	14	+	— Judicial Proceedings/Health and Government Operations —
	15	+	Introduced by Senator Charles
11	16
12		-	FOR the purpose of authorizing certain persons or the Commission on Civil Rights to elect
13		-	to have the claims asserted in a certain complaint alleging discrimination by a place
14		-	of public accommodation determined in a civil action brought by the Commission
15		-	under certain circumstances; requiring a civil action brought by the Commission to
16		-	be filed within a certain time period after an election; expanding the remedies
17		-	available for discrimination by a place of public accommodation; clarifying the
18		-	remedies available for an unlawful employment practice; repealing a prohibition
19		-	against issuing certain orders affecting the cost, level, or type of any transportation
20		-	services; authorizing a complainant alleging discrimination by a place of public
21		-	accommodation to bring a civil action under certain circumstances; providing for the
22		-	venue of and remedies in a certain civil action; repealing the authority of the
23		-	Commission to seek an order assessing a civil penalty for discrimination by a place
24		-	of public accommodation; and generally relating to enforcement and remedies for
25		-	discrimination by a place of public accommodation altering certain maximum
26		-	amounts of monetary relief the Maryland Commission on Civil Rights is authorized
27		-	to award if the Commission finds that a respondent has engaged in a discriminatory
28		-	act under certain provisions of law regarding public accommodations and persons
29		-	licensed or regulated by a certain unit in the Maryland Department of Labor;
30		-	providing that certain maximum amounts of monetary relief the Commission is
31		-	authorized to award do not apply under certain circumstances; prohibiting the
32		-	Commission from awarding monetary relief to a respondent under certain
33		-	circumstances; requiring an administrative law judge to consider certain
34		-	information when determining the amount of monetary relief; and generally relating
35		-	to the Maryland Commission on Civil Rights and monetary relief.
	17	+	Read and Examined by Proofreaders:
36	18
37		-	BY repealing and reenacting, without amendments,
38		-	Article – State Government
39		-	Section 20–304 and 20–402
40		-	Annotated Code of Maryland
41		-	(2021 Replacement Volume and 2023 Supplement)
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
42	23
43		-	BY repealing and reenacting, with amendments,
44		-	Article – State Government
45		-	Section 20–1001, 20–1006(b), 20–1007(a) and (b), 20–1009, 20–1012(a) and (b),
46		-	20–1013, and 20–1016(a) 20–1016
47		-	Annotated Code of Maryland
48		-	(2021 Replacement Volume and 2023 Supplement)
49		-	Ch. 344 2024 LAWS OF MARYLAND
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
50	25
51		-	– 2 –
52		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
53		-	That the Laws of Maryland read as follows:
	26	+	_______ day of _______________ at __ ______________________ o’clock, ________M.
54	27
55		-	Article – State Government
	28	+	______________________________________________
	29	+	President.
56	30
57		-	~~20–1001.~~
	31	+	CHAPTER ______
58	32
59		-	(A) In this part[, “unlawful] THE FOLLOWING WORDS HAVE THE MEANINGS
60		-	INDICATED.
	33	+	AN ACT concerning 1
61	34
62		-	~~(B) “~~DISCRIMINATION BY A ~~P LACE~~ OF PUBLIC ~~ACCOM MODATION”~~ ~~MEANS~~
63		-	~~AN ACT THAT IS PROHI BITED UNDER § 20–304 OF THIS TITLE.~~
	35	+	Human Relations – Discrimination by a Place of Public Accommodation 2
	36	+	Maryland Commission on Civil Rights – Monetary Relief 3
64	37
65		-	(C) “UNLAWFUL employment practice” means an act that is prohibited under §
66		-	20–606 of this title.
	38	+	FOR the purpose of authorizing certain persons or the Commission on Civil Rights to elect 4
	39	+	to have the claims asserted in a certain complaint alleging discrimination by a place 5
	40	+	of public accommodation determined in a civil action brought by the Commission 6
	41	+	under certain circumstances; requiring a civil action brought by the Commission to 7
	42	+	be filed within a certain time period after an election; expanding the remedies 8
	43	+	available for discrimination by a place of public accommodation; clarifying the 9
	44	+	remedies available for an unlawful employment practice; repealing a prohibition 10
	45	+	against issuing certain orders affecting the cost, level, or type of any transportation 11
	46	+	services; authorizing a complainant alleging discrimination by a place of public 12
	47	+	accommodation to bring a civil action under certain circumstances; providing for the 13
	48	+	venue of and remedies in a certain civil action; repealing the authority of the 14
	49	+	Commission to seek an order assessing a civil penalty for discrimination by a place 15 2 SENATE BILL 666
67	50
68		-	20–1006.
69	51
70		-	(b) The Executive Director of the Commission shall cause a written notice to be
71		-	issued and served in the name of the Commission, together with a copy of the complaint,
72		-	requiring the respondent to answer the charges of the complaint at a public hearing:
	52	+	of public accommodation; and generally relating to enforcement and remedies for 1
	53	+	discrimination by a place of public accommodation altering certain maximum 2
	54	+	amounts of monetary relief the Maryland Commission on Civil Rights is authorized 3
	55	+	to award if the Commission finds that a respondent has engaged in a discriminatory 4
	56	+	act under certain provisions of law regarding public accommodations and persons 5
	57	+	licensed or regulated by a certain unit in the Maryland Department of Labor; 6
	58	+	providing that certain maximum amounts of monetary relief the Commission is 7
	59	+	authorized to award do not apply under certain circumstances; prohibiting the 8
	60	+	Commission from awarding monetary relief to a respondent under certain 9
	61	+	circumstances; requiring an administrative law judge to consider certain 10
	62	+	information when determining the amount of monetary relief; and generally relating 11
	63	+	to the Maryland Commission on Civil Rights and monetary relief. 12
73	64
74		-	(1) before an administrative law judge at a time and place certified in the
75		-	notice; or
	65	+	BY repealing and reenacting, without amendments, 13
	66	+	Article – State Government 14
	67	+	Section 20–304 and 20–402 15
	68	+	Annotated Code of Maryland 16
	69	+	(2021 Replacement Volume and 2023 Supplement) 17
76	70
77		-	(2) if the complaint alleges an unlawful employment practice OR
78		-	DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION , in a civil action elected
79		-	under § 20–1007 of this subtitle.
	71	+	BY repealing and reenacting, with amendments, 18
	72	+	Article – State Government 19
	73	+	Section 20–1001, 20–1006(b), 20–1007(a) and (b), 20–1009, 20–1012(a) and (b), 20
	74	+	20–1013, and 20–1016(a) 20–1016 21
	75	+	Annotated Code of Maryland 22
	76	+	(2021 Replacement Volume and 2023 Supplement) 23
80	77
81		-	20–1007.
	78	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
	79	+	That the Laws of Maryland read as follows: 25
82	80
83		-	(a) (1) When a complaint alleging an unlawful employment practice OR
84		-	DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION is issued and served under
85		-	§ 20–1006 of this subtitle, a complainant or respondent may elect to have the claims
86		-	asserted in the complaint determined in a civil action brought by the Commission on the
87		-	complainant’s behalf, if:
	81	+	Article – State Government 26
88	82
89		-	(i) the Commission has found probable cause to believe the
90		-	respondent has engaged in or is engaging in an unlawful employment practice OR
91		-	DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION ; and
	83	+	20–1001. 27
92	84
93		-	(ii) there is a failure to reach an agreement to remedy and eliminate
94		-	the unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC
95		-	ACCOMMODATION .
96		-	WES MOORE, Governor Ch. 344
	85	+	(A) In this part[, “unlawful] THE FOLLOWING WORDS HAVE THE MEANINGS 28
	86	+	INDICATED. 29
97	87
98		-	– 3 –
99		-	(2) An election under paragraph (1) of this subsection shall be made within
100		-	30 days after the complainant or respondent receives service under § 20–1006(b) of this
101		-	subtitle.
	88	+	(B) “DISCRIMINATION BY A P LACE OF PUBLIC ACCOM MODATION” MEANS 30
	89	+	AN ACT THAT IS PROHI BITED UNDER § 20–304 OF THIS TITLE. 31
102	90
103		-	(3) If an election is not made under paragraph (1) of this subsection, the
104		-	Commission shall provide an opportunity for a hearing as provided under § 20–1008(a) of
105		-	this subtitle.
	91	+	(C) “UNLAWFUL employment practice” means an act that is prohibited under § 32
	92	+	20–606 of this title. 33
106	93
107		-	(b) When a complaint alleging an unlawful employment practice OR
108		-	DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION is issued and served under
109		-	§ 20–1006 of this subtitle, the Commission may elect to have the claims asserted in the
110		-	complaint determined in a civil action brought on the Commission’s own behalf, if:
	94	+	20–1006. 34
	95	+	SENATE BILL 666 3
111	96
112		-	(1) the Commission has found probable cause to believe the respondent has
113		-	engaged in or is engaging in an unlawful employment practice OR DISCRIMINATION BY A
114		-	PLACE OF PUBLIC ACCO MMODATION ; and
115	97
116		-	(2) ~~there is~~ a ~~failure~~ to ~~reach an agreement to remedy and eliminate the~~
117		-	~~unlawful employment practice OR DISCRIMINATION BY~~ A ~~PLACE~~ OF ~~PUBLIC~~
118		-	~~ACCOMMODATION .~~
	98	+	(b) The Executive Director of the Commission shall cause a written notice to be 1
	99	+	issued and served in the name of the Commission, together with a copy of the complaint, 2
	100	+	requiring the respondent to answer the charges of the complaint at a public hearing: 3
119	101
120		-	20–1009.
	102	+	(1) before an administrative law judge at a time and place certified in the 4
	103	+	notice; or 5
121	104
122		-	(a) If, after reviewing all of the evidence, the administrative law judge finds that
123		-	the respondent has engaged in a discriminatory act, the administrative law judge shall:
	105	+	(2) if the complaint alleges an unlawful employment practice OR 6
	106	+	DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION , in a civil action elected 7
	107	+	under § 20–1007 of this subtitle. 8
124	108
125		-	(1) issue a decision and order stating the judge’s findings of fact and
126		-	conclusions of law; and
	109	+	20–1007. 9
127	110
128		-	(2) issue and cause to be served on the respondent an order requiring the
129		-	respondent to:
	111	+	(a) (1) When a complaint alleging an unlawful employment practice OR 10
	112	+	DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION is issued and served under 11
	113	+	§ 20–1006 of this subtitle, a complainant or respondent may elect to have the claims 12
	114	+	asserted in the complaint determined in a civil action brought by the Commission on the 13
	115	+	complainant’s behalf, if: 14
130	116
131		-	(i) cease and desist from engaging in the discriminatory acts; and
	117	+	(i) the Commission has found probable cause to believe the 15
	118	+	respondent has engaged in or is engaging in an unlawful employment practice OR 16
	119	+	DISCRIMINATION BY A PLACE OF PUBLIC ACCOMMODATION ; and 17
132	120
133		-	(ii) take affirmative action to effectuate the purposes of the
134		-	applicable subtitle of this title.
	121	+	(ii) there is a failure to reach an agreement to remedy and eliminate 18
	122	+	the unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 19
	123	+	ACCOMMODATION . 20
135	124
136		-	(b) (1) If the respondent is found to have engaged in or to be engaging in an
137		-	unlawful employment practice charged in the complaint, the remedy may include:
	125	+	(2) An election under paragraph (1) of this subsection shall be made within 21
	126	+	30 days after the complainant or respondent receives service under § 20–1006(b) of this 22
	127	+	subtitle. 23
138	128
139		-	(i) enjoining the respondent from engaging in the discriminatory
140		-	act;
	129	+	(3) If an election is not made under paragraph (1) of this subsection, the 24
	130	+	Commission shall provide an opportunity for a hearing as provided under § 20–1008(a) of 25
	131	+	this subtitle. 26
141	132
142		-	(ii) ordering appropriate affirmative relief, including the
143		-	reinstatement or hiring of employees, with or without back pay;
144		-	Ch. 344 2024 LAWS OF MARYLAND
	133	+	(b) When a complaint alleging an unlawful employment practice OR 27
	134	+	DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION is issued and served under 28
	135	+	§ 20–1006 of this subtitle, the Commission may elect to have the claims asserted in the 29
	136	+	complaint determined in a civil action brought on the Commission’s own behalf, if: 30
145	137
146		-	– 4 –
147		-	(iii) awarding compensatory damages; [or] AND
	138	+	(1) the Commission has found probable cause to believe the respondent has 31
	139	+	engaged in or is engaging in an unlawful employment practice OR DISCRIMINATION BY A 32
	140	+	PLACE OF PUBLIC ACCO MMODATION ; and 33
	141	+	4 SENATE BILL 666
148	142
149		-	(iv) ordering any other equitable relief that the administrative law
150		-	judge considers appropriate.
151	143
152		-	(2) Compensatory damages awarded under this subsection are in addition
153		-	to:
	144	+	(2) there is a failure to reach an agreement to remedy and eliminate the 1
	145	+	unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 2
	146	+	ACCOMMODATION . 3
154	147
155		-	(i) back pay or interest on back pay that the complainant may
156		-	recover under any other provision of law; and
	148	+	20–1009. 4
157	149
158		-	(ii) ~~any other equitable relief~~ that ~~a complainant may recover under~~
159		-	~~any other provision of~~ law.
	150	+	(a) If, after reviewing all of the evidence, the administrative law judge finds that 5
	151	+	the respondent has engaged in a discriminatory act, the administrative law judge shall: 6
160	152
161		-	(3) The sum of the amount of compensatory damages awarded to each
162		-	complainant under this subsection for future pecuniary losses, emotional pain, suffering,
163		-	inconvenience, mental anguish, loss of enjoyment of life, or nonpecuniary losses, may not
164		-	exceed:
	153	+	(1) issue a decision and order stating the judge’s findings of fact and 7
	154	+	conclusions of law; and 8
165	155
166		-	(i) $50,000, if the respondent employs not fewer than 15 and not
167		-	more than 100 employees in each of 20 or more calendar weeks in the current or preceding
168		-	calendar year;
	156	+	(2) issue and cause to be served on the respondent an order requiring the 9
	157	+	respondent to: 10
169	158
170		-	(ii) $100,000, if the respondent employs not fewer than 101 and not
171		-	more than 200 employees in each of 20 or more calendar weeks in the current or preceding
172		-	calendar year;
	159	+	(i) cease and desist from engaging in the discriminatory acts; and 11
173	160
174		-	(iii) $200,000, if the respondent employs not fewer than 201 and not
175		-	more than 500 employees in each of 20 or more calendar weeks in the current or preceding
176		-	calendar year; and
	161	+	(ii) take affirmative action to effectuate the purposes of the 12
	162	+	applicable subtitle of this title. 13
177	163
178		-	(iv) ~~$300,000,~~ if the respondent ~~employs not fewer than 501~~
179		-	~~employees in each of 20 or more calendar weeks~~ in the ~~current or preceding calendar year.~~
	164	+	(b) (1) If the respondent is found to have engaged in or to be engaging in an 14
	165	+	unlawful employment practice charged in the complaint, the remedy may include: 15
180	166
181		-	(4) If back pay is awarded under paragraph (1) of this subsection, the
182		-	award shall be reduced by any interim earnings or amounts earnable with reasonable
183		-	diligence by the person discriminated against.
	167	+	(i) enjoining the respondent from engaging in the discriminatory 16
	168	+	act; 17
184	169
185		-	(5) In addition to any other relief authorized by this subsection, a
186		-	complainant may recover back pay for up to 2 years preceding the filing of the complaint,
187		-	where the unlawful employment practice that has occurred during the complaint filing
188		-	period is similar or related to an unlawful employment practice with re gard to
189		-	discrimination in compensation that occurred outside the time for filing a complaint.
190		-	WES MOORE, Governor Ch. 344
	170	+	(ii) ordering appropriate affirmative relief, including the 18
	171	+	reinstatement or hiring of employees, with or without back pay; 19
191	172
192		-	– 5 –
193		-	(C) IF THE RESPONDENT IS FOUND TO HAVE ENGAGE D IN OR TO BE
194		-	ENGAGING IN DISCRIMI NATION BY A PLACE OF PUBLIC ACCOMMODATION AS
195		-	CHARGED IN THE COMPL AINT, THE REMEDY MAY INCLU DE:
	173	+	(iii) awarding compensatory damages; [or] AND 20
196	174
197		-	(1) ~~ENJOINING~~ THE ~~RESPON DENT FROM ENGAGING I N THE~~
198		-	~~DISCRIMINATORY ACT ;~~
	175	+	(iv) ordering any other equitable relief that the administrative law 21
	176	+	judge considers appropriate. 22
199	177
200		-	(2) ~~ORDERING APPROPRIATE AFFIRMATIVE RELIEF , INCLUDING THE~~
201		-	~~PROVISION OF A REASO NABLE ACCOMMODATION ;~~
	178	+	(2) Compensatory damages awarded under this subsection are in addition 23
	179	+	to: 24
202	180
203		-	(3) AWARDING COMPENSATOR Y DAMAGES FOR PECUNI ARY LOSSES,
204		-	EMOTIONAL PAIN , SUFFERING, INCONVENIENCE , MENTAL ANGUISH , LOSS OF
205		-	ENJOYMENT OF LIFE , AND OTHER NONPECUNIA RY LOSSES; AND
	181	+	(i) back pay or interest on back pay that the complainant may 25
	182	+	recover under any other provision of law; and 26
206	183
207		-	(4) ~~ORDERING~~ ANY OTHER ~~E QUITABLE~~ RELIEF THAT ~~THE~~
208		-	~~ADMINISTRATIVE~~ LAW ~~J UDGE CONSIDERS APPRO PRIATE~~.
	184	+	(ii) any other equitable relief that a complainant may recover under 27
	185	+	any other provision of law. 28
209	186
210		-	[(c)] (D) (1) [(i) Except as provided in subparagraph (ii) of this paragraph,
211		-	if] IF the respondent is found to have engaged in or to be engaging in a discriminatory act
212		-	other than an unlawful employment practice OR DISCRIMINATION BY A PLACE OF
213		-	PUBLIC ACCOMMODATION , in addition to an award of civil penalties as provided in §
214		-	20–1016 of this subtitle, nonmonetary relief may be granted to the complainant.
	187	+	(3) The sum of the amount of compensatory damages awarded to each 29
	188	+	complainant under this subsection for future pecuniary losses, emotional pain, suffering, 30 SENATE BILL 666 5
215	189
216		-	[(ii) An order may not be issued that substantially affects the cost,
217		-	level, or type of any transportation services.]
218	190
219		-	(2) (i) In cases involving transportation services that are supported
220		-	fully or partially with funds from the Maryland Department of Transportation, an order
221		-	may not be issued that would require costs, level, or type of transportation services different
222		-	from or exceeding those required to meet U.S. Department of Transportation regulations
223		-	adopted under 29 U.S.C. § 794.
	191	+	inconvenience, mental anguish, loss of enjoyment of life, or nonpecuniary losses, may not 1
	192	+	exceed: 2
224	193
225		-	(ii) An order issued in violation of subparagraph (i) of this paragraph
226		-	is not enforceable under § 20–1011 of this subtitle.
	194	+	(i) $50,000, if the respondent employs not fewer than 15 and not 3
	195	+	more than 100 employees in each of 20 or more calendar weeks in the current or preceding 4
	196	+	calendar year; 5
227	197
228		-	~~[(d)]~~ (E) If, ~~after reviewing all of~~ the ~~evidence, the administrative law judge finds~~
229		-	~~that~~ the ~~respondent has not engaged in an alleged discriminatory act, the administrative~~
230		-	~~law judge shall:~~
	198	+	(ii) $100,000, if the respondent employs not fewer than 101 and not 6
	199	+	more than 200 employees in each of 20 or more calendar weeks in the current or preceding 7
	200	+	calendar year; 8
231	201
232		-	(1) state findings of fact and conclusions of law; and
	202	+	(iii) $200,000, if the respondent employs not fewer than 201 and not 9
	203	+	more than 500 employees in each of 20 or more calendar weeks in the current or preceding 10
	204	+	calendar year; and 11
233	205
234		-	(2) ~~issue an order dismissing~~ the ~~complaint.~~
235		-	~~Ch. 344 2024 LAWS~~ OF ~~MARYLAND~~
	206	+	(iv) $300,000, if the respondent employs not fewer than 501 12
	207	+	employees in each of 20 or more calendar weeks in the current or preceding calendar year. 13
236	208
237		-	– 6 –
238		-	[(e)] (F) Unless a timely appeal is filed with the Commission in accordance with
239		-	the Commission’s regulations, a decision and order issued by the administrative law judge
240		-	under this section shall become the final order of the Commission.
	209	+	(4) If back pay is awarded under paragraph (1) of this subsection, the 14
	210	+	award shall be reduced by any interim earnings or amounts earnable with reasonable 15
	211	+	diligence by the person discriminated against. 16
241	212
242		-	20–1012.
	213	+	(5) In addition to any other relief authorized by this subsection, a 17
	214	+	complainant may recover back pay for up to 2 years preceding the filing of the complaint, 18
	215	+	where the unlawful employment practice that has occurred during the complaint filing 19
	216	+	period is similar or related to an unlawful employment practice with regard to 20
	217	+	discrimination in compensation that occurred outside the time for filing a complaint. 21
243	218
244		-	(a) Within 60 days after an election is made under § 20–1007 of this subtitle, the
245		-	Commission shall file a civil action in the circuit court for the county where the alleged
246		-	unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC
247		-	ACCOMMODATION occurred.
	219	+	(C) IF THE RESPONDENT IS FOUND TO HAVE ENGAGE D IN OR TO BE 22
	220	+	ENGAGING IN DISCRIMI NATION BY A PLACE OF PUBLIC ACCOMMODATION AS 23
	221	+	CHARGED IN THE COMPL AINT, THE REMEDY MAY INCLU DE: 24
248	222
249		-	(b) If the court finds that an unlawful employment practice OR DISCRIMINATION
250		-	BY A PLACE OF PUBLIC ACCOMMODATION occurred, the court may provide the remedies
251		-	specified in § 20–1009(b) OR (C) of this subtitle, AS APPROPRIATE .
	223	+	(1) ENJOINING THE RESPON DENT FROM ENGAGING I N THE 25
	224	+	DISCRIMINATORY ACT ; 26
252	225
253		-	20–1013.
	226	+	(2) ORDERING APPROPRIATE AFFIRMATIVE RELIEF , INCLUDING THE 27
	227	+	PROVISION OF A REASO NABLE ACCOMMODATION ; 28
254	228
255		-	(a) (1) In addition to the right to make an election under § 20–1007 of this
256		-	subtitle, a complainant may bring a civil action against the respondent alleging an unlawful
257		-	employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC AC COMMODATION ,
258		-	if:
	229	+	(3) AWARDING COMPENSATOR Y DAMAGES FOR PECUNI ARY LOSSES, 29
	230	+	EMOTIONAL PAIN , SUFFERING, INCONVENIENCE , MENTAL ANGUISH , LOSS OF 30
	231	+	ENJOYMENT OF LIFE , AND OTHER NONPECUNIA RY LOSSES; AND 31
259	232
260		-	(i) the ~~complainant initially filed a timely administrative charge or~~
261		-	~~a complaint under federal, State, or local~~ law ~~alleging an unlawful employment practice OR~~
262		-	~~DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION by the respondent;~~
	233	+	(4) ORDERING ANY OTHER E QUITABLE RELIEF THAT THE 32
	234	+	ADMINISTRATIVE LAW J UDGE CONSIDERS APPRO PRIATE. 33
	235	+	6 SENATE BILL 666
263	236
264		-	(ii) at least 180 days have elapsed since the filing of the
265		-	administrative charge or complaint; and
266	237
267		-	(iii) 1. subject to item 2 of this item, the civil action is filed within
268		-	2 years after the alleged unlawful employment practice OR DISCRIMINATION BY A PLACE
269		-	OF PUBLIC ACCOMMODAT ION occurred; or
	238	+	[(c)] (D) (1) [(i) Except as provided in subparagraph (ii) of this paragraph, 1
	239	+	if] IF the respondent is found to have engaged in or to be engaging in a discriminatory act 2
	240	+	other than an unlawful employment practice OR DISCRIMINATION BY A PLACE OF 3
	241	+	PUBLIC ACCOMMODATION , in addition to an award of civil penalties as provided in § 4
	242	+	20–1016 of this subtitle, nonmonetary relief may be granted to the complainant. 5
270	243
271		-	~~2. if~~ the ~~complaint is alleging harassment~~, ~~the civil action is~~
272		-	~~filed within 3 years after the alleged harassment occurred.~~
	244	+	[(ii) An order may not be issued that substantially affects the cost, 6
	245	+	level, or type of any transportation services.] 7
273	246
274		-	(2) The time limitations under paragraph (1)(iii) of this subsection shall be
275		-	tolled while an administrative charge or complaint filed by the complainant under
276		-	paragraph (1)(ii) is pending.
	247	+	(2) (i) In cases involving transportation services that are supported 8
	248	+	fully or partially with funds from the Maryland Department of Transportation, an order 9
	249	+	may not be issued that would require costs, level, or type of transportation services different 10
	250	+	from or exceeding those required to meet U.S. Department of Transportation regulations 11
	251	+	adopted under 29 U.S.C. § 794. 12
277	252
278		-	(b) A civil action under this section shall be filed in the circuit court for the county
279		-	where the alleged unlawful employment practice OR DISCRIMINATION BY A PLACE OF
280		-	PUBLIC ACCOM MODATION occurred.
281		-	WES MOORE, Governor Ch. 344
	253	+	(ii) An order issued in violation of subparagraph (i) of this paragraph 13
	254	+	is not enforceable under § 20–1011 of this subtitle. 14
282	255
283		-	– 7 –
284		-	(c) The filing of a civil action under this section automatically terminates any
285		-	proceeding before the Commission based on the underlying administrative complaint and
286		-	any amendment to the complaint.
	256	+	[(d)] (E) If, after reviewing all of the evidence, the administrative law judge finds 15
	257	+	that the respondent has not engaged in an alleged discriminatory act, the administrative 16
	258	+	law judge shall: 17
287	259
288		-	(d) If the court finds that an unlawful employment practice OR DISCRIMINATION
289		-	BY A PLACE OF PUBLIC ACCOMMODATION occurred, the court may provide the remedies
290		-	specified in § 20–1009(b) OR (C) of this subtitle.
	260	+	(1) state findings of fact and conclusions of law; and 18
291	261
292		-	(e) (1) In addition to the relief authorized under subsection (d) of this section,
293		-	the court may award punitive damages, if:
	262	+	(2) issue an order dismissing the complaint. 19
294	263
295		-	(i) the respondent is not a governmental unit or political
296		-	subdivision; and
	264	+	[(e)] (F) Unless a timely appeal is filed with the Commission in accordance with 20
	265	+	the Commission’s regulations, a decision and order issued by the administrative law judge 21
	266	+	under this section shall become the final order of the Commission. 22
297	267
298		-	(ii) the court finds that the respondent has engaged in or is engaging
299		-	in an unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC
300		-	ACCOMMODATION with actual malice.
	268	+	20–1012. 23
301	269
302		-	(2) If the court awards punitive damages FOR AN UNLAWFUL
303		-	EMPLOYMENT PRACTICE , the sum of the amount of compensatory damages awarded to
304		-	each complainant under subsection (d) of this section and the amount of punitive damages
305		-	awarded under this subsection may not exceed the applicable limitation established under
306		-	§ 20–1009(b)(3) of this subtitle.
	270	+	(a) Within 60 days after an election is made under § 20–1007 of this subtitle, the 24
	271	+	Commission shall file a civil action in the circuit court for the county where the alleged 25
	272	+	unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 26
	273	+	ACCOMMODATION occurred. 27
307	274
308		-	(f) If a complainant seeks compensatory or punitive damages under this section:
	275	+	(b) If the court finds that an unlawful employment practice OR DISCRIMINATION 28
	276	+	BY A PLACE OF PUBLIC ACCOMMODATION occurred, the court may provide the remedies 29
	277	+	specified in § 20–1009(b) OR (C) of this subtitle, AS APPROPRIATE . 30
309	278
310		-	~~(1) any party may demand a trial by jury; and~~
	279	+	20–1013. 31
311	280
312		-	(2) the ~~court may not inform the jury~~ of ~~the limitations on compensatory~~
313		-	~~and punitive damages imposed under § 20–1009(b)(3) of this subtitle.~~
	281	+	(a) (1) In addition to the right to make an election under § 20–1007 of this 32
	282	+	subtitle, a complainant may bring a civil action against the respondent alleging an unlawful 33 SENATE BILL 666 7
314	283
315		-	(g) When appropriate and to the extent authorized under law, in a dispute arising
316		-	under this part, in which the complainant seeks compensatory or punitive damages, the
317		-	parties are encouraged to use alternative means of dispute resolution, including settlement
318		-	negotiations or mediation.
319	284
320		-	20–1016.
	285	+	employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC AC COMMODATION , 1
	286	+	if: 2
321	287
322		-	(a) Except as provided in subsection (b) of this section, in addition to any other
323		-	relief authorized, if the Commission finds that a respondent has engaged in a
324		-	discriminatory act under [Subtitle 3 or] Subtitle 4 of this title, the Commission may seek
325		-	an order assessing a civil penalty against the respondent:
	288	+	(i) the complainant initially filed a timely administrative charge or 3
	289	+	a complaint under federal, State, or local law alleging an unlawful employment practice OR 4
	290	+	DISCRIMINATION BY A PLACE OF PUBLIC ACCO MMODATION by the respondent; 5
326	291
327		-	(1) if the respondent has not been adjudicated to have committed any prior
328		-	discriminatory act, in an amount not exceeding $500;
329		-	Ch. 344 2024 LAWS OF MARYLAND
	292	+	(ii) at least 180 days have elapsed since the filing of the 6
	293	+	administrative charge or complaint; and 7
330	294
331		-	– 8 –
332		-	(2) if the respondent has been adjudicated to have committed one other
333		-	discriminatory act during the 5–year period ending on the date of the filing of the current
334		-	charge, in an amount not exceeding $1,000; and
	295	+	(iii) 1. subject to item 2 of this item, the civil action is filed within 8
	296	+	2 years after the alleged unlawful employment practice OR DISCRIMINATION BY A PLACE 9
	297	+	OF PUBLIC ACCOMMODAT ION occurred; or 10
335	298
336		-	(3) if the respondent has been adjudicated to have committed two or more
337		-	discriminatory acts during the 7–year period ending on the date of the filing of the current
338		-	charge, in an amount not exceeding $2,500.
	299	+	2. if the complaint is alleging harassment, the civil action is 11
	300	+	filed within 3 years after the alleged harassment occurred. 12
339	301
340		-	20–304.
	302	+	(2) The time limitations under paragraph (1)(iii) of this subsection shall be 13
	303	+	tolled while an administrative charge or complaint filed by the complainant under 14
	304	+	paragraph (1)(ii) is pending. 15
341	305
342		-	An owner or operator of a place of public accommodation or an agent or employee of
343		-	the owner or operator may not refuse, withhold from, or deny to any person any of the
344		-	accommodations, advantages, facilities, or privileges of the place of public accommodation
345		-	because of the person’s race, sex, age, color, creed, national origin, marital status, sexual
346		-	orientation, gender identity, or disability.
	306	+	(b) A civil action under this section shall be filed in the circuit court for the county 16
	307	+	where the alleged unlawful employment practice OR DISCRIMINATION BY A PLACE OF 17
	308	+	PUBLIC ACCOMMODATION occurred. 18
347	309
348		-	20–402.
	310	+	(c) The filing of a civil action under this section automatically terminates any 19
	311	+	proceeding before the Commission based on the underlying administrative complaint and 20
	312	+	any amendment to the complaint. 21
349	313
350		-	A person that is licensed or regulated by a unit in the Maryland Department of Labor
351		-	listed in § 2–108 of the Business Regulation Article may not refuse, withhold from, or deny
352		-	any person any of the accommodations, advantages, facilities, privileges, sales, or services
353		-	of the licensed or regulated person or discriminate against any person because of the
354		-	person’s race, sex, creed, color, national origin, marital status, sexual orientation, age,
355		-	gender identity, or disability.
	314	+	(d) If the court finds that an unlawful employment practice OR DISCRIMINATION 22
	315	+	BY A PLACE OF PUBLIC ACCOMMODATION occurred, the court may provide the remedies 23
	316	+	specified in § 20–1009(b) OR (C) of this subtitle. 24
356	317
357		-	20–1016.
	318	+	(e) (1) In addition to the relief authorized under subsection (d) of this section, 25
	319	+	the court may award punitive damages, if: 26
358	320
359		-	(a) Except as provided in [subsection] SUBSECTIONS (b) AND (C) of this section,
360		-	in addition to any other relief authorized, if the Commission finds that a respondent has
361		-	engaged in a discriminatory act under Subtitle 3 or Subtitle 4 of this title, the Commission
362		-	may seek an order [assessing a civil penalty against the respondent] AWARDING
363		-	MONETARY RELIEF TO T HE COMPLAINANT :
	321	+	(i) the respondent is not a governmental unit or political 27
	322	+	subdivision; and 28
364	323
365		-	(1) if the respondent has not been adjudicated to have committed any prior
366		-	discriminatory act, in an amount not exceeding [$500] $1,000;
	324	+	(ii) the court finds that the respondent has engaged in or is engaging 29
	325	+	in an unlawful employment practice OR DISCRIMINATION BY A PLACE OF PUBLIC 30
	326	+	ACCOMMODATION with actual malice. 31
367	327
368		-	(2) if the ~~respondent has been adjudicated to have committed one other~~
369		-	~~discriminatory act during~~ the ~~5–year period ending on the date~~ of the ~~filing~~ of ~~the current~~
370		-	~~charge, in an~~ amount ~~not exceeding [$1,000] $2,000; and~~
	328	+	(2) If the court awards punitive damages FOR AN UNLAWFUL 32
	329	+	EMPLOYMENT PRACTICE , the sum of the amount of compensatory damages awarded to 33
	330	+	each complainant under subsection (d) of this section and the amount of punitive damages 34 8 SENATE BILL 666
371	331
372		-	(3) if the respondent has been adjudicated to have committed two or more
373		-	discriminatory acts during the 7–year period ending on the date of the filing of the current
374		-	charge, in an amount not exceeding [$2,500] $3,000.
375		-	WES MOORE, Governor Ch. 344
376	332
377		-	– 9 –
378		-	(b) (1) If the discriminatory act is committed by an individual who has been
379		-	previously adjudicated to have committed one or more discriminatory acts, the time periods
380		-	set forth in subsection (a)(2) and (3) of this section do not apply.
	333	+	awarded under this subsection may not exceed the applicable limitation established under 1
	334	+	§ 20–1009(b)(3) of this subtitle. 2
381	335
382		-	(2) IF THE DISCRIMINATORY ACT IS COMMITTED BY THE AGENT OR
383		-	EMPLOYEE OF A RESPON DENT, THE MAXIMUM AMOUNTS SET FORTH IN SUBSECTION
384		-	(A)(2) AND (3) OF THIS SECTION DO N OT APPLY AND THE COMMISSION MAY SEEK A N
385		-	ORDER AWARDING MONET ARY RELIEF IN AN AMO UNT NOT EXCEEDING $25,000,
386		-	PROVIDED THAT :
	336	+	(f) If a complainant seeks compensatory or punitive damages under this section: 3
387	337
388		-	(I) THE ACT COMMITTED BY THE AGENT OR EMPLOYE E IS
389		-	DETERMINED TO BE DIS CRIMINATORY ; AND
	338	+	(1) any party may demand a trial by jury; and 4
390	339
391		-	(II) THE ~~RESPONDENT HAS N OT REASONABLY MITIGA TED~~ THE
392		-	~~HARM CAUSED BY THE D ISCRIMINATORY ACT~~ .
	340	+	(2) the court may not inform the jury of the limitations on compensatory 5
	341	+	and punitive damages imposed under § 20–1009(b)(3) of this subtitle. 6
393	342
394		-	(3) THE MAXIMUM AMOUNTS S ET FORTH IN SUBSECTI ON (A)(2) AND
395		-	(3) OF THIS SECTION DO N OT APPLY IF THE ACT IS FOUND TO BE MA LICIOUS.
	343	+	(g) When appropriate and to the extent authorized under law, in a dispute arising 7
	344	+	under this part, in which the complainant seeks compensatory or punitive damages, the 8
	345	+	parties are encouraged to use alternative means of dispute resolution, including settlement 9
	346	+	negotiations or mediation. 10
396	347
397		-	(C) THE COMMISSION MAY NOT SE EK AN ORDER AWARDING MONETARY
398		-	RELIEF TO A COMPLAIN ANT IF:
	348	+	20–1016. 11
399	349
400		-	(1) THE DISCRIMINATORY A CT WAS LIMITED TO A VIOLATION
401		-	RELATING TO ACCESSIB ILITY;
	350	+	(a) Except as provided in subsection (b) of this section, in addition to any other 12
	351	+	relief authorized, if the Commission finds that a respondent has engaged in a 13
	352	+	discriminatory act under [Subtitle 3 or] Subtitle 4 of this title, the Commission may seek 14
	353	+	an order assessing a civil penalty against the respondent: 15
402	354
403		-	(2) THE RESPONDENT ~~, AFTER BEING SERVED , TAKES PROMPT~~
404		-	~~CORRECTIVE ACTION~~ ; ~~AND~~
	355	+	(1) if the respondent has not been adjudicated to have committed any prior 16
	356	+	discriminatory act, in an amount not exceeding $500; 17
405	357
406		-	(3) THE RESPONDENT HAS N OT PREVIOUSLY BEEN T HE SUBJECT OF A
407		-	COMPLAINT UNDER § 20–1004 OF THIS SUBTITLE.
	358	+	(2) if the respondent has been adjudicated to have committed one other 18
	359	+	discriminatory act during the 5–year period ending on the date of the filing of the current 19
	360	+	charge, in an amount not exceeding $1,000; and 20
408	361
409		-	(D) IF THE COMMISSION SEEKS AN O RDER AWARDING MONETA RY RELIEF
410		-	BEFORE AN ADMINISTRA TIVE LAW JUDGE UNDER § 20–1008 OF THIS SUBTITLE , IN
411		-	DETERMIN ING THE AMOUNT OF TH E MONETARY RELIEF TO BE AWARDED , THE
412		-	ADMINISTRATIVE LAW J UDGE SHALL CONSIDER :
	362	+	(3) if the respondent has been adjudicated to have committed two or more 21
	363	+	discriminatory acts during the 7–year period ending on the date of the filing of the current 22
	364	+	charge, in an amount not exceeding $2,500. 23
413	365
414		-	~~(1) THE SERIOUSNESS OF T HE DISCRIMINATORY AC T;~~
	366	+	20–304. 24
415	367
416		-	(2) THE GOOD FAITH OF TH E RESPONDENT ;
	368	+	An owner or operator of a place of public accommodation or an agent or employee of 25
	369	+	the owner or operator may not refuse, withhold from, or deny to any person any of the 26
	370	+	accommodations, advantages, facilities, or privileges of the place of public accommodation 27
	371	+	because of the person’s race, sex, age, color, creed, national origin, marital status, sexual 28
	372	+	orientation, gender identity, or disability. 29
417	373
418		-	(3) THE HARMFUL EFFECT T O THE PUBLIC OF THE DISCRIMINATORY
419		-	ACT;
420		-	Ch. 344 2024 LAWS OF MARYLAND
	374	+	20–402. 30
421	375
422		-	– 10 –
423		-	(4) THE HARMFUL EFFECT O F THE RESPONDENT ’S ACTIONS ON THE
424		-	INVESTIGATORY PROCES S OF THE COMMISSION; AND
	376	+	A person that is licensed or regulated by a unit in the Maryland Department of Labor 31
	377	+	listed in § 2–108 of the Business Regulation Article may not refuse, withhold from, or deny 32
	378	+	any person any of the accommodations, advantages, facilities, privileges, sales, or services 33
	379	+	of the licensed or regulated person or discriminate against any person because of the 34 SENATE BILL 666 9
425	380
426		-	(5) THE RESPONDENT ’S ASSETS.
427	381
428		-	~~[(c)] (E) Any [civil~~ ~~penalties] MONETARY RELIEF collected under this section~~
429		-	~~shall be paid to the [General Fund of the State] COMPLAINANT~~ .
	382	+	person’s race, sex, creed, color, national origin, marital status, sexual orientation, age, 1
	383	+	gender identity, or disability. 2
430	384
431		-	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before July 1, 2025, and
432		-	on or before July 1 of each of the immediately following 4 years, the Maryland Commission
433		-	on Civil Rights shall submit a report to the Governor and, in accordance with § 2–1257 of
434		-	the State Government Article, the General Assembly regarding the effect Section 1 of this
435		-	Act has had on persons against whom complaints have been filed under Title 20 of the State
436		-	Government Article.
	385	+	20–1016. 3
437	386
438		-	SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
439		-	October 1, 2024.
	387	+	(a) Except as provided in [subsection] SUBSECTIONS (b) AND (C) of this section, 4
	388	+	in addition to any other relief authorized, if the Commission finds that a respondent has 5
	389	+	engaged in a discriminatory act under Subtitle 3 or Subtitle 4 of this title, the Commission 6
	390	+	may seek an order [assessing a civil penalty against the respondent] AWARDING 7
	391	+	MONETARY RELIEF TO T HE COMPLAINANT : 8
440	392
441		-	Approved by the Governor, April 25, 2024.
	393	+	(1) if the respondent has not been adjudicated to have committed any prior 9
	394	+	discriminatory act, in an amount not exceeding [$500] $1,000; 10
	395	+
	396	+	(2) if the respondent has been adjudicated to have committed one other 11
	397	+	discriminatory act during the 5–year period ending on the date of the filing of the current 12
	398	+	charge, in an amount not exceeding [$1,000] $2,000; and 13
	399	+
	400	+	(3) if the respondent has been adjudicated to have committed two or more 14
	401	+	discriminatory acts during the 7–year period ending on the date of the filing of the current 15
	402	+	charge, in an amount not exceeding [$2,500] $3,000. 16
	403	+
	404	+	(b) (1) If the discriminatory act is committed by an individual who has been 17
	405	+	previously adjudicated to have committed one or more discriminatory acts, the time periods 18
	406	+	set forth in subsection (a)(2) and (3) of this section do not apply. 19
	407	+
	408	+	(2) IF THE DISCRIMINATORY ACT IS COMMITTED BY THE AGENT OR 20
	409	+	EMPLOYEE OF A RESPON DENT, THE MAXIMUM AMOUNTS SET F ORTH IN SUBSECTION 21
	410	+	(A)(2) AND (3) OF THIS SECTION DO N OT APPLY AND THE COMMISSION MAY SEEK A N 22
	411	+	ORDER AWARDING MONET ARY RELIEF IN AN AMO UNT NOT EXCEEDING $25,000, 23
	412	+	PROVIDED THAT : 24
	413	+
	414	+	(I) THE ACT COMMITTED BY THE AGENT OR EMPLOYE E IS 25
	415	+	DETERMINED TO BE DIS CRIMINATORY ; AND 26
	416	+
	417	+	(II) THE RESPONDENT HAS N OT REASONABLY MITIGA TED THE 27
	418	+	HARM CAUSED BY THE D ISCRIMINATORY ACT . 28
	419	+
	420	+	(3) THE MAXIMUM AMOUNTS S ET FORTH IN SUBSECTI ON (A)(2) AND 29
	421	+	(3) OF THIS SECTION DO N OT APPLY IF THE ACT IS FOUND TO BE MA LICIOUS. 30
	422	+
	423	+	(C) THE COMMISSION MAY NOT SE EK AN ORDER AWARDING MONETARY 31
	424	+	RELIEF TO A COMPLAIN ANT IF: 32
	425	+	10 SENATE BILL 666
	426	+
	427	+
	428	+	(1) THE DISCRIMINATORY A CT WAS LIMITED TO A VIOLATION 1
	429	+	RELATING TO ACCESSIB ILITY; 2
	430	+
	431	+	(2) THE RESPONDENT , AFTER BEING SERVED , TAKES PROMPT 3
	432	+	CORRECTIVE ACTION ; AND 4
	433	+
	434	+	(3) THE RESPONDENT HAS N OT PREVIOUSLY BEEN T HE SUBJECT OF A 5
	435	+	COMPLAINT UNDER § 20–1004 OF THIS SUBTITLE. 6
	436	+
	437	+	(D) IF THE COMMISSION SEEKS AN O RDER AWARDING MONETA RY RELIEF 7
	438	+	BEFORE AN ADMINISTRA TIVE LAW JUDGE UNDER § 20–1008 OF THIS SUBTITLE , IN 8
	439	+	DETERMIN ING THE AMOUNT OF TH E MONETARY RELIEF TO BE AWARDED , THE 9
	440	+	ADMINISTRATIVE LAW J UDGE SHALL CONSIDER : 10
	441	+
	442	+	(1) THE SERIOUSNESS OF T HE DISCRIMINATORY AC T; 11
	443	+
	444	+	(2) THE GOOD FAITH OF TH E RESPONDENT ; 12
	445	+
	446	+	(3) THE HARMFUL EFFECT T O THE PUBLIC OF THE DISCRIMINATORY 13
	447	+	ACT; 14
	448	+
	449	+	(4) THE HARMFUL EFFECT O F THE RESPONDENT ’S ACTIONS ON THE 15
	450	+	INVESTIGATORY PROCES S OF THE COMMISSION; AND 16
	451	+
	452	+	(5) THE RESPONDENT ’S ASSETS. 17
	453	+
	454	+	[(c)] (E) Any [civil penalties] MONETARY RELIEF collected under this section 18
	455	+	shall be paid to the [General Fund of the State] COMPLAINANT . 19
	456	+
	457	+	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before July 1, 2025, and 20
	458	+	on or before July 1 of each of the immediately following 4 years, the Maryland Commission 21
	459	+	on Civil Rights shall submit a report to the Governor and, in accordance with § 2–1257 of 22
	460	+	the State Government Article, the General Assembly regarding the effect Section 1 of this 23
	461	+	Act has had on persons against whom complaints have been filed under Title 20 of the State 24
	462	+	Government Article. 25
	463	+
	464	+	SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
	465	+	October 1, 2024. 27