EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0914*
SENATE BILL 914
D5, C9, P4 4lr1558
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By: Senator McKay
Introduced and read first time: February 2, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Human Relations – Protections Against Discrimination – Genetic Procedures 2
FOR the purpose of prohibiting discrimination based on an individual’s refusal to undergo 3
a genetic procedure in education, public accommodations, commercial leasing, 4
housing, and employment and by certain licensed or regulated persons; and 5
generally relating to discrimination based on an individual’s refusal to undergo a 6
genetic procedure. 7
BY renumbering 8
Article – State Government 9
Section 20–101(f) through (i) 10
to be Section 20–101(h) through (k), respectively 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2023 Supplement) 13
BY adding to 14
Article – Education 15
Section 26–704.1 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2023 Supplement) 18
BY adding to 19
Article – State Government 20
Section 20–101(f) and (g) 21
Annotated Code of Maryland 22
(2021 Replacement Volume and 2023 Supplement) 23
BY repealing and reenacting, without amendments, 24
Article – State Government 25
Section 20–301, 20–601(a), and 20–703 26
Annotated Code of Maryland 27 2 SENATE BILL 914
(2021 Replacement Volume and 2023 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – State Government 3
Section 20–302, 20–304, 20–401, 20–402, 20–501, 20–601(h), 20–602, 20–603, 4
20–606, 20–610(b) and (c), 20–702(a), 20–705, 20–707(b) and (c), and 5
20–1103(b) 6
Annotated Code of Maryland 7
(2021 Replacement Volume and 2023 Supplement) 8
BY repealing and reenacting, with amendments, 9
Article – State Personnel and Pensions 10
Section 2–302 11
Annotated Code of Maryland 12
(2015 Replacement Volume and 2023 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That Section(s) 20–101(f) through (i) of Article – State Government of the Annotated Code 15
of Maryland be renumbered to be Section(s) 20–101(h) through (k), respectively. 16
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 17
as follows: 18
Article – Education 19
26–704.1. 20
(A) THIS SECTION APPLIES TO: 21
(1) A COUNTY BOARD ; 22
(2) A PUBLIC PREKINDERGART EN PROGRAM ; 23
(3) A PRIMARY OR SECONDARY SCHOOL; 24
(4) A NONPUBLIC PREKINDERG ARTEN PROGRAM THAT R ECEIVES 25
STATE FUNDS; 26
(5) A NONPUBLIC PRIMARY OR SECONDARY SCHOOL THA T RECEIVES 27
STATE FUNDS; AND 28
(6) AN INSTITUTION OF HIG HER EDUCATION . 29
SENATE BILL 914 3
(B) AN ENTITY SUBJECT TO THIS SECTION MAY NOT DI SCRIMINATE AGAINST 1
ANY INDIVIDUAL BECAU SE OF THE INDIVIDUAL ’S REFUSAL TO UNDERGO A GENETIC 2
PROCEDURE . 3
Article – State Government 4
20–101. 5
(F) “GENETIC MATERIALS” MEANS: 6
(1) DEOXYRIBONUCLEIC ACI D, RIBONUCLEIC ACID , CHROMOSOMES , 7
OR GENES WHICH MAY BE A NALYZED TO: 8
(I) DETECT HERITABLE DIS EASES OR CONDITIONS ; 9
(II) IDENTIFY CARRIERS ; OR 10
(III) ESTABLISH A CLINICAL DIAGNOSIS; OR 11
(2) PROTEINS, ENZYMES, OR OTHER MOLECULES A SSOCIATED WITH A 12
GENETIC PROCESS WHIC H MAY BE MODIFIED, REPLACED IN WHOLE OR IN PART, 13
SUPERSEDED , OR BYPASSED IN FUNCT ION BY A HEALTH OR M EDICAL PROCEDURE . 14
(G) “GENETIC PROCEDURE ” MEANS A THERAPY , TREATMENT , OR MEDICAL 15
PROCEDURE THAT MAY : 16
(1) ADD, REMOVE, ALTER, ACTIVATE, CHANGE, OR CAUSE MUTATIO N 17
IN AN INDIVIDUAL’S DNA OR OTHER GENETIC MAT ERIALS; OR 18
(2) REPLACE, SUPERSEDE, OR BYPASS A NORMAL F UNCTION OF AN 19
INDIVIDUAL’S DNA OR OTHER GENETIC MAT ERIALS. 20
20–301. 21
In this subtitle, “place of public accommodation” means: 22
(1) an inn, hotel, motel, or other establishment that provides lodging to 23
transient guests; 24
(2) a restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or 25
other facility principally engaged in selling food or alcoholic beverages for consumption on 26
or off the premises, including a facility located on the premises of a retail establishment or 27
gasoline station; 28
4 SENATE BILL 914
(3) a motion picture house, theater, concert hall, sports arena, stadium, or 1
other place of exhibition or entertainment; 2
(4) a retail establishment that: 3
(i) is operated by a public or private entity; and 4
(ii) offers goods, services, entertainment, recreation, or 5
transportation; or 6
(5) an establishment: 7
(i) 1. that is physically located within the premises of any other 8
establishment covered by this subtitle; or 9
2. within the premises of which any other establishment 10
covered by this subtitle is physically located; and 11
(ii) that holds itself out as serving patrons of the covered 12
establishment. 13
20–302. 14
This subtitle does not prohibit the proprietor or employees of any establishment from 15
denying service to any person for failure to conform to the usual and regular requirements, 16
standards, and regulations of the establishment, provided that the denial is not based on 17
discrimination on the grounds of race, sex, age, color, creed, national origin, marital status, 18
sexual orientation, gender identity, REFUSAL OF THE PERSON TO UNDERGO A GENETIC 19
PROCEDURE , or disability. 20
20–304. 21
An owner or operator of a place of public accommodation or an agent or employee of 22
the owner or operator may not refuse, withhold from, or deny to any person any of the 23
accommodations, advantages, facilities, or privileges of the place of public accommodation 24
because of the person’s race, sex, age, color, creed, national origin, marital status, sexual 25
orientation, gender identity, REFUSAL TO UNDERGO A GENETIC PROCEDURE , or 26
disability. 27
20–401. 28
This subtitle does not prohibit any person that is licensed or regulated by the 29
Maryland Department of Labor from refusing, withholding from, or denying 30
accommodations, advantages, facilities, privileges, sales, or services to any person for 31
failure to conform to the usual and regular requirements, standards, and regulations of the 32
licensed or regulated person, provided that the denial is not based on discrimination on the 33
grounds of race, sex, color, creed, national origin, marital status, sexual orientation, age, 34 SENATE BILL 914 5
gender identity, REFUSAL OF THE PERSON TO UNDERGO A GENETIC PROCEDURE , or 1
disability. 2
20–402. 3
A person that is licensed or regulated by a unit in the Maryland Department of Labor 4
listed in § 2–108 of the Business Regulation Article may not refuse, withhold from, or deny 5
any person any of the accommodations, advantages, facilities, privileges, sales, or services 6
of the licensed or regulated person or discriminate against any person because of the 7
person’s race, sex, creed, color, national origin, marital status, sexual orientation, age, 8
gender identity, REFUSAL TO UNDERGO A GENETIC PROCEDURE , or disability. 9
20–501. 10
An owner or operator of commercial property, an agent or employee of the owner or 11
operator of commercial property, or a person that is licensed or regulated by the State may 12
not discriminate against an individual in the terms, conditions, or privileges of the leasing 13
of property for commercial use, or in the provision of services or facilities in connection with 14
the leasing of property for commercial use, because of the individual’s race, color, religion, 15
sex, age, disability, marital status, sexual orientation, gender identity, REFUSAL TO 16
UNDERGO A GENETIC PR OCEDURE, or national origin. 17
20–601. 18
(a) In this subtitle the following words have the meanings indicated. 19
(h) “Harassment” includes: 20
(1) unwelcome and offensive conduct, which need not be severe or 21
pervasive, when: 22
(i) the conduct is based on race, color, religion, ancestry or national 23
origin, sex, age, marital status, sexual orientation, gender identity, REFUSAL OF THE 24
INDIVIDUAL TO UNDERGO A GENETIC PROCEDURE , or disability; and 25
(ii) 1. submission to the conduct is made either explicitly or 26
implicitly a term or condition of employment of an individual; 27
2. submission to or rejection of the conduct is used as a basis 28
for employment decisions affecting the individual; or 29
3. based on the totality of the circumstances, the conduct 30
unreasonably creates a working environment that a reasonable person would perceive to 31
be abusive or hostile; and 32
(2) sexual harassment. 33 6 SENATE BILL 914
20–602. 1
It is the policy of the State, in the exercise of its police power for the protection of the 2
public safety, public health, and general welfare, for the maintenance of business and good 3
government, and for the promotion of the State’s trade, commerce, and manufacturers: 4
(1) to assure all persons equal opportunity in receiving employment and in 5
all labor management–union relations, regardless of race, color, religion, ancestry or 6
national origin, sex, age, marital status, sexual orientation, gender identity, REFUSAL OF 7
A PERSON TO UNDERGO A GENETIC PROCEDURE , or disability unrelated in nature and 8
extent so as to reasonably preclude the performance of the employment; and 9
(2) to that end, to prohibit discrimination in employment by any person. 10
20–603. 11
This subtitle does not require: 12
(1) an employer, employment agency, labor organization, or joint 13
labor–management committee subject to this subtitle to grant preferential treatment to 14
any individual or group on the basis of the race, color, religion, sex, age, national origin, 15
gender identity, sexual orientation, REFUSAL TO UNDERGO A GENETIC PROCEDURE , or 16
disability of the individual or group because an imbalance may exist with respect to the 17
total number or percentage of individuals of any race, color, religion, sex, age, national 18
origin, gender identity, GENETIC PROCEDURE REFUSAL STATUS , or sexual orientation 19
or individuals with disabilities employed by the employer, referred or classified for 20
employment by the employment agency or labor organization, admitted to membership or 21
classified by the labor organization, or admitted to, or employed in, any apprenticeship or 22
other training program, compared to the total number or percentage of individuals of that 23
race, color, religion, sex, age, national origin, gender identity, GENETIC PROCEDURE 24
REFUSAL STATUS, or sexual orientation or individuals with disabilities in the State or any 25
community, section, or other area, or in the available work force in the State or any 26
community, section, or other area; or 27
(2) an employer to reasonably accommodate an employee’s religion or 28
disability, or an applicant for employment’s disability, if the accommodation would cause 29
undue hardship on the conduct of the employer’s business. 30
20–606. 31
(a) An employer may not: 32
(1) fail or refuse to hire, discharge, or otherwise discriminate against any 33
individual with respect to the individual’s compensation, terms, conditions, or privileges of 34
employment because of: 35 SENATE BILL 914 7
(i) the individual’s race, color, religion, sex, age, national origin, 1
marital status, sexual orientation, gender identity, genetic information, REFUSAL TO 2
UNDERGO A GENETIC PR OCEDURE, or disability unrelated in nature and extent so as to 3
reasonably preclude the performance of the employment; or 4
(ii) the individual’s refusal to submit to a genetic test or make 5
available the results of a genetic test; 6
(2) limit, segregate, or classify its employees or applicants for employment 7
in any way that would deprive or tend to deprive any individual of employment 8
opportunities or otherwise adversely affect the individual’s status as an employee because 9
of: 10
(i) the individual’s race, color, religion, sex, age, national origin, 11
marital status, sexual orientation, gender identity, genetic information, REFUSAL TO 12
UNDERGO A GENETIC PR OCEDURE, or disability unrelated in nature and extent so as to 13
reasonably preclude the performance of the employment; or 14
(ii) the individual’s refusal to submit to a genetic test or make 15
available the results of a genetic test; 16
(3) request or require genetic tests or genetic information as a condition of 17
hiring or determining benefits; 18
(4) fail or refuse to make a reasonable accommodation for the known 19
disability of an otherwise qualified employee or an applicant for employment; or 20
(5) engage in harassment of an employee. 21
(b) An employment agency may not: 22
(1) fail or refuse to refer for employment or otherwise discriminate against 23
any individual because of the individual’s race, color, religion, sex, age, national origin, 24
marital status, sexual orientation, gender identity, REFUSAL TO UNDERGO A GENETIC 25
PROCEDUR E, or disability unrelated in nature and extent so as to reasonably preclude the 26
performance of the employment; or 27
(2) classify or refer for employment any individual on the basis of the 28
individual’s race, color, religion, sex, age, national origin, marital status, sexual 29
orientation, gender identity, REFUSAL TO UNDERGO A GENETIC PROCEDURE , or 30
disability unrelated in nature and extent so as to reasonably preclude the performance of 31
the employment. 32
(c) A labor organization may not: 33
8 SENATE BILL 914
(1) exclude or expel from its membership, or otherwise discriminate 1
against, any individual because of the individual’s race, color, religion, sex, age, national 2
origin, marital status, sexual orientation, gender identity, REFUSAL TO UNDERGO A 3
GENETIC PROCEDURE , or disability unrelated in nature and extent so as to reasonably 4
preclude the performance of the employment; 5
(2) limit, segregate, or classify its membership, or classify or fail or refuse 6
to refer for employment any individual, in any way that would deprive or tend to deprive 7
the individual of employment opportunities, limit the individual’s employment 8
opportunities, or otherwise adversely affect the individual’s status as an employee or as an 9
applicant for employment because of the individual’s race, color, religion, sex, age, national 10
origin, marital status, sexual orientation, gender identity, REFUSAL TO UNDERGO A 11
GENETIC PROCEDURE , or disability unrelated in nature and extent so as to reasonably 12
preclude the performance of the employment; or 13
(3) cause or attempt to cause an employer to discriminate against an 14
individual in violation of this section. 15
(d) An employer, labor organization, or joint labor–management committee 16
controlling apprenticeship or other training or retraining programs, including on–the–job 17
training programs, may not discriminate against any individual in admission to, or 18
employment in, any program established to provide apprenticeship or other training or 19
retraining because of the individual’s race, color, religion, sex, age, national origin, marital 20
status, sexual orientation, gender identity, REFUSAL TO UNDERGO A GENETIC 21
PROCEDURE , or disability unrelated in nature and extent so as to reasonably preclude the 22
performance of the employment. 23
(e) (1) Except as provided in paragraph (2) of this subsection, an employer, 24
labor organization, or employment agency may not print or cause to be printed or published 25
any notice or advertisement relating to employment by the employer, membership in or any 26
classification or referral for employment by the labor organization, or any classification or 27
referral for employment by the employment agency that indicates any preference, 28
limitation, specification, or discrimination based on race, color, religion, sex, age, national 29
origin, marital status, sexual orientation, gender identity, REFUSAL TO UNDERGO A 30
GENETIC PROCEDURE , or disability. 31
(2) A notice or advertisement may indicate a preference, limitation, 32
specification, or discrimination based on religion, sex, age, national origin, marital status, 33
or disability if religion, sex, age, national origin, marital status, or disability is a bona fide 34
occupational qualification for employment. 35
(f) An employer may not discriminate or retaliate against any of its employees or 36
applicants for employment, an employment agency may not discriminate against any 37
individual, and a labor organization may not discriminate or retaliate against any member 38
or applicant for membership because the individual has: 39
SENATE BILL 914 9
(1) opposed any practice prohibited by this subtitle; or 1
(2) made a charge, testified, assisted, or participated in any manner in an 2
investigation, proceeding, or hearing under this subtitle. 3
20–610. 4
(b) An employer may not: 5
(1) fail or refuse to offer an internship, terminate an internship, or 6
otherwise discriminate against an individual with respect to the terms, conditions, or 7
privileges of an internship because of the individual’s race, color, religion, sex, age, national 8
origin, marital status, sexual orientation, gender identity, REFUSAL TO UNDERGO A 9
GENETIC PROCEDURE , or disability unrelated in nature and extent so as to reasonably 10
preclude the performance of the internship; 11
(2) limit, segregate, or classify its interns or applicants for internships in 12
any way that would deprive or tend to deprive any individual of internship opportunities 13
or otherwise adversely affect the individual’s status as an intern because of the individual’s 14
race, color, religion, sex, age, national origin, marital status, sexual orientation, gender 15
identity, REFUSAL TO UND ERGO A GENETIC PROCE DURE, or disability unrelated in 16
nature and extent so as to reasonably preclude the performance of the internship; 17
(3) fail or refuse to make a reasonable accommodation for the known 18
disability of an otherwise qualified intern; or 19
(4) discriminate or retaliate against any of its interns or applicants for 20
internships because the individual has: 21
(i) opposed any practice prohibited by this subtitle; or 22
(ii) made a charge, testified, assisted, or participated in any manner 23
in an investigation, a proceeding, or a hearing under this subtitle. 24
(c) (1) Except as provided in paragraph (2) of this subsection, an employer may 25
not print or cause to be printed or published any notice or advertisement relating to an 26
internship with the employer that indicates any preference, limitation, specification, or 27
discrimination based on race, color, religion, sex, age, national origin, marital status, sexual 28
orientation, gender identity, REFUSAL OF A PERSON TO UNDERGO A GENETIC 29
PROCEDURE , or disability. 30
(2) A notice or an advertisement may indicate a preference, limitation, 31
specification, or discrimination based on religion, sex, age, national origin, marital status, 32
or disability if religion, sex, age, national origin, marital status, or disability is a bona fide 33
occupational qualification for the internship. 34
20–702. 35 10 SENATE BILL 914
(a) It is the policy of the State: 1
(1) to provide for fair housing throughout the State to all, regardless of 2
race, color, religion, sex, familial status, national origin, marital status, sexual orientation, 3
gender identity, disability, GENETIC PROCEDURE REFUSAL STATUS , or source of income; 4
and 5
(2) to that end, to prohibit discriminatory practices with respect to 6
residential housing by any person, in order to protect and ensure the peace, health, safety, 7
prosperity, and general welfare of all. 8
20–703. 9
This subtitle does not: 10
(1) invalidate or limit any local law that requires dwellings to be designed 11
and constructed in a manner that affords an individual with a disability greater access than 12
is required by § 20–706(b) of this subtitle; 13
(2) limit the applicability of any reasonable local, State, or federal 14
restrictions regarding the maximum number of occupants allowed to occupy a dwelling; 15
(3) prohibit the State or a local government from enacting standards that 16
govern the location of group homes, as defined in § 4–601 of the Housing and Community 17
Development Article; 18
(4) affect the powers of any local government to enact an ordinance on any 19
subject covered by this subtitle, provided that the ordinance does not authorize any act that 20
would be a discriminatory housing practice under this subtitle; 21
(5) require that a dwelling be made available to an individual whose 22
tenancy would: 23
(i) constitute a direct threat to the health or safety of other 24
individuals; or 25
(ii) result in substantial physical damage to the property of others; 26
(6) prohibit conduct against a person because the person has been 27
convicted by a court of competent jurisdiction of the illegal manufacture or distribution of: 28
(i) a controlled dangerous substance, as defined in § 5–101 of the 29
Criminal Law Article; or 30
(ii) a controlled substance, as defined in 21 U.S.C. § 802; 31
SENATE BILL 914 11
(7) unless membership in the religion is restricted on the basis of race, 1
color, or national origin, prohibit a religious organization, association, or society or any 2
nonprofit institution or organization operated, supervised, or controlled by or in conjunction 3
with a religious organization, association, or society from giving preference or limiting the 4
sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial 5
purpose to persons of the same religion; or 6
(8) prohibit a private club that is not open to the public and that, as an 7
incident to its primary purpose or purposes, provides lodgings that it owns or operates for 8
other than a commercial purpose, from limiting the rental or occupancy of the dwellings to 9
its members or from giving preference to its members. 10
20–705. 11
Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: 12
(1) refuse to sell or rent after the making of a bona fide offer, refuse to 13
negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any 14
person because of race, color, religion, sex, disability, marital status, familial status, sexual 15
orientation, gender identity, national origin, REFUSAL OF THE PERSON TO UNDERGO A 16
GENETIC PROCEDURE , or source of income; 17
(2) discriminate against any person in the terms, conditions, or privileges 18
of the sale or rental of a dwelling, or in the provision of services or facilities in connection 19
with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital 20
status, familial status, sexual orientation, gender identity, national origin, REFUSAL OF 21
THE PERSON TO UNDERGO A GENETIC PROCEDURE , or source of income; 22
(3) make, print, or publish, or cause to be made, printed, or published, any 23
notice, statement, or advertisement with respect to the sale or rental of a dwelling that 24
indicates any preference, limitation, or discrimination based on race, color, religion, sex, 25
disability, marital status, familial status, sexual orientation, gender identity, national 26
origin, REFUSAL OF THE PERSON TO UNDERGO A GENETIC PROCEDURE , or source of 27
income, or an intention to make any preference, limitation, or discrimination; 28
(4) represent to any person, because of race, color, religion, sex, disability, 29
marital status, familial status, sexual orientation, gender identity, national origin, 30
REFUSAL OF THE PERSON TO UNDERGO A GENETIC PROCEDURE , or source of income, 31
that any dwelling is not available for inspection, sale, or rental when the dwelling is 32
available; or 33
(5) for profit, induce or attempt to induce any person to sell or rent any 34
dwelling by representations regarding the entry or prospective entry into the neighborhood 35
of: 36
12 SENATE BILL 914
(I) a person of a particular race, color, religion, sex, disability, 1
marital status, familial status, sexual orientation, gender identity, national origin, or 2
source of income; OR 3
(II) A PERSON WHO HAS REFUS ED TO UNDERGO A GENE TIC 4
PROCEDURE . 5
20–707. 6
(b) (1) A person whose business includes engaging in residential real 7
estate–related transactions may not discriminate against any person in making available 8
a transaction, or in the terms or conditions of a transaction, because of race, color, religion, 9
sex, disability, marital status, familial status, sexual orientation, gender identity, national 10
origin, REFUSAL OF THE PERSON TO UNDERGO A GENETIC PROCEDURE , or source of 11
income. 12
(2) Paragraph (1) of this subsection does not prohibit a person engaged in 13
the business of furnishing appraisals of real property from taking into consideration factors 14
other than race, color, religion, sex, disability, marital status, familial status, sexual 15
orientation, gender identity, national origin, REFUSAL OF A PERSON TO UNDERGO A 16
GENETIC PROCEDURE , or source of income. 17
(c) A person may not, because of race, color, religion, sex, disability, marital 18
status, familial status, sexual orientation, gender identity, national origin, REFUSAL OF A 19
PERSON TO UNDERGO A GENETIC PROCEDURE , or source of income: 20
(1) deny a person access to, or membership or participation in, a 21
multiple–listing service, real estate brokers’ organization, or other service, organization, or 22
facility relating to the business of selling or renting dwellings; or 23
(2) discriminate against a person in the terms or conditions of membership 24
or participation. 25
20–1103. 26
(b) Whether or not acting under color of law, a person may not, by force or threat 27
of force, willfully injure, intimidate, interfere with, or attempt to injure, intimidate, or 28
interfere with: 29
(1) any person because of race, color, religion, sex, disability, marital 30
status, familial status, sexual orientation, gender identity, national origin, REFUSAL OF 31
THE PERSON TO UNDERGO A GENETIC PROCEDURE , or source of income and because 32
the person is or has been: 33
(i) selling, purchasing, renting, financing, occupying, or contracting 34
or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling; or 35 SENATE BILL 914 13
(ii) applying for or participating in any service, organization, or 1
facility relating to the business of selling or renting dwellings; 2
(2) any person because the person is or has been, or in order to intimidate 3
the person or any other person or any class of persons from: 4
(i) participating, without discrimination on account of race, color, 5
religion, sex, disability, marital status, familial status, sexual orientation, gender identity, 6
national origin, REFUSAL TO UNDERGO A GENETIC PROCEDURE , or source of income, in 7
any of the activities, services, organizations, or facilities described in item (1) of this 8
subsection; or 9
(ii) affording another person or class of persons the opportunity or 10
protection to participate in any of the activities, services, organizations, or facilities 11
described in item (1) of this subsection; or 12
(3) any person because the person is or has been, or in order to discourage 13
the person or any other person from: 14
(i) lawfully aiding or encouraging other persons to participate, 15
without discrimination on account of race, color, religion, sex, disability, marital status, 16
familial status, sexual orientation, gender identity, national origin, REFUSAL TO 17
UNDERGO A GENETIC PR OCEDURE, or source of income, in any of the activities, services, 18
organizations, or facilities described in item (1) of this subsection; or 19
(ii) participating lawfully in speech or peaceful assembly opposing 20
any denial of the opportunity to participate in any of the activities, services, organizations, 21
or facilities described in item (1) of this subsection. 22
Article – State Personnel and Pensions 23
2–302. 24
(a) The State recognizes and honors the value and dignity of every person and 25
understands the importance of providing employees and applicants for employment with a 26
fair opportunity to pursue their careers in an environment free of discrimination or 27
harassment prohibited by law. 28
(b) (1) Except as provided in paragraph (2) of this subsection or by other law, 29
all personnel actions concerning a State employee or applicant for employment in State 30
government shall be made without regard to: 31
(i) age; 32
(ii) ancestry; 33
14 SENATE BILL 914
(iii) color; 1
(iv) creed; 2
(v) gender identity; 3
(vi) marital status; 4
(vii) mental or physical disability; 5
(viii) national origin; 6
(ix) race; 7
(x) religious affiliation, belief, or opinion; 8
(xi) sex; [or] 9
(xii) sexual orientation; OR 10
(XIII) WHETHER THE EMPLOYEE OR APPLICAN T HAS REFUSED TO 11
UNDERGO A GENETIC PR OCEDURE. 12
(2) A personnel action may be taken with regard to age, sex, or disability 13
to the extent that age, sex, or physical or mental qualification is required by law or is a 14
bona fide occupational qualification. 15
(c) (1) Each State employee is expected to assume personal responsibility and 16
leadership in ensuring fair employment practices and equal employment opportunity in 17
Maryland State government. 18
(2) Employment discrimination and harassment by State managers, 19
supervisors, or other employees is prohibited. 20
(3) A State employee who violates this subtitle is subject to disciplinary 21
action by the employee’s appointing authority, including the termination of State 22
employment. 23
(d) The Equal Employment Opportunity Program in Title 5, Subtitle 2 of this 24
article governs all employees of any unit in the Executive Branch of State government, 25
including a unit with an independent personnel system. 26
(e) (1) At least annually, the Secretary shall report on the Equal Employment 27
Opportunity Program established in § 5–202 of this article to the Joint Committee on Fair 28
Practices and State Personnel Oversight. 29
SENATE BILL 914 15
(2) The head of a personnel system in the Legislative and Judicial branches 1
may report periodically on equal employment opportunity programs and policies in effect 2
in that personnel system to the Joint Committee on Fair Practices and State Personnel 3
Oversight. 4
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2024. 6