Maryland 2024 Regular Session

Maryland Senate Bill SB914 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0914
6	6
7	7	SENATE BILL 914
8	8	D5, C9, P4 4lr1558
9	9	CF 4lr1559
10	10	By: Senator McKay
11	11	Introduced and read first time: February 2, 2024
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Human Relations – Protections Against Discrimination – Genetic Procedures 2
19	19
20	20	FOR the purpose of prohibiting discrimination based on an individual’s refusal to undergo 3
21	21	a genetic procedure in education, public accommodations, commercial leasing, 4
22	22	housing, and employment and by certain licensed or regulated persons; and 5
23	23	generally relating to discrimination based on an individual’s refusal to undergo a 6
24	24	genetic procedure. 7
25	25
26	26	BY renumbering 8
27	27	Article – State Government 9
28	28	Section 20–101(f) through (i) 10
29	29	to be Section 20–101(h) through (k), respectively 11
30	30	Annotated Code of Maryland 12
31	31	(2021 Replacement Volume and 2023 Supplement) 13
32	32
33	33	BY adding to 14
34	34	Article – Education 15
35	35	Section 26–704.1 16
36	36	Annotated Code of Maryland 17
37	37	(2022 Replacement Volume and 2023 Supplement) 18
38	38
39	39	BY adding to 19
40	40	Article – State Government 20
41	41	Section 20–101(f) and (g) 21
42	42	Annotated Code of Maryland 22
43	43	(2021 Replacement Volume and 2023 Supplement) 23
44	44
45	45	BY repealing and reenacting, without amendments, 24
46	46	Article – State Government 25
47	47	Section 20–301, 20–601(a), and 20–703 26
48	48	Annotated Code of Maryland 27 2 SENATE BILL 914
49	49
50	50
51	51	(2021 Replacement Volume and 2023 Supplement) 1
52	52
53	53	BY repealing and reenacting, with amendments, 2
54	54	Article – State Government 3
55	55	Section 20–302, 20–304, 20–401, 20–402, 20–501, 20–601(h), 20–602, 20–603, 4
56	56	20–606, 20–610(b) and (c), 20–702(a), 20–705, 20–707(b) and (c), and 5
57	57	20–1103(b) 6
58	58	Annotated Code of Maryland 7
59	59	(2021 Replacement Volume and 2023 Supplement) 8
60	60
61	61	BY repealing and reenacting, with amendments, 9
62	62	Article – State Personnel and Pensions 10
63	63	Section 2–302 11
64	64	Annotated Code of Maryland 12
65	65	(2015 Replacement Volume and 2023 Supplement) 13
66	66
67	67	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
68	68	That Section(s) 20–101(f) through (i) of Article – State Government of the Annotated Code 15
69	69	of Maryland be renumbered to be Section(s) 20–101(h) through (k), respectively. 16
70	70
71	71	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 17
72	72	as follows: 18
73	73
74	74	Article – Education 19
75	75
76	76	26–704.1. 20
77	77
78	78	(A) THIS SECTION APPLIES TO: 21
79	79
80	80	(1) A COUNTY BOARD ; 22
81	81
82	82	(2) A PUBLIC PREKINDERGART EN PROGRAM ; 23
83	83
84	84	(3) A PRIMARY OR SECONDARY SCHOOL; 24
85	85
86	86	(4) A NONPUBLIC PREKINDERG ARTEN PROGRAM THAT R ECEIVES 25
87	87	STATE FUNDS; 26
88	88
89	89	(5) A NONPUBLIC PRIMARY OR SECONDARY SCHOOL THA T RECEIVES 27
90	90	STATE FUNDS; AND 28
91	91
92	92	(6) AN INSTITUTION OF HIG HER EDUCATION . 29
93	93	SENATE BILL 914 3
94	94
95	95
96	96	(B) AN ENTITY SUBJECT TO THIS SECTION MAY NOT DI SCRIMINATE AGAINST 1
97	97	ANY INDIVIDUAL BECAU SE OF THE INDIVIDUAL ’S REFUSAL TO UNDERGO A GENETIC 2
98	98	PROCEDURE . 3
99	99
100	100	Article – State Government 4
101	101
102	102	20–101. 5
103	103
104	104	(F) “GENETIC MATERIALS” MEANS: 6
105	105
106	106	(1) DEOXYRIBONUCLEIC ACI D, RIBONUCLEIC ACID , CHROMOSOMES , 7
107	107	OR GENES WHICH MAY BE A NALYZED TO: 8
108	108
109	109	(I) DETECT HERITABLE DIS EASES OR CONDITIONS ; 9
110	110
111	111	(II) IDENTIFY CARRIERS ; OR 10
112	112
113	113	(III) ESTABLISH A CLINICAL DIAGNOSIS; OR 11
114	114
115	115	(2) PROTEINS, ENZYMES, OR OTHER MOLECULES A SSOCIATED WITH A 12
116	116	GENETIC PROCESS WHIC H MAY BE MODIFIED, REPLACED IN WHOLE OR IN PART, 13
117	117	SUPERSEDED , OR BYPASSED IN FUNCT ION BY A HEALTH OR M EDICAL PROCEDURE . 14
118	118
119	119	(G) “GENETIC PROCEDURE ” MEANS A THERAPY , TREATMENT , OR MEDICAL 15
120	120	PROCEDURE THAT MAY : 16
121	121
122	122	(1) ADD, REMOVE, ALTER, ACTIVATE, CHANGE, OR CAUSE MUTATIO N 17
123	123	IN AN INDIVIDUAL’S DNA OR OTHER GENETIC MAT ERIALS; OR 18
124	124
125	125	(2) REPLACE, SUPERSEDE, OR BYPASS A NORMAL F UNCTION OF AN 19
126	126	INDIVIDUAL’S DNA OR OTHER GENETIC MAT ERIALS. 20
127	127
128	128	20–301. 21
129	129
130	130	In this subtitle, “place of public accommodation” means: 22
131	131
132	132	(1) an inn, hotel, motel, or other establishment that provides lodging to 23
133	133	transient guests; 24
134	134
135	135	(2) a restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or 25
136	136	other facility principally engaged in selling food or alcoholic beverages for consumption on 26
137	137	or off the premises, including a facility located on the premises of a retail establishment or 27
138	138	gasoline station; 28
139	139	4 SENATE BILL 914
140	140
141	141
142	142	(3) a motion picture house, theater, concert hall, sports arena, stadium, or 1
143	143	other place of exhibition or entertainment; 2
144	144
145	145	(4) a retail establishment that: 3
146	146
147	147	(i) is operated by a public or private entity; and 4
148	148
149	149	(ii) offers goods, services, entertainment, recreation, or 5
150	150	transportation; or 6
151	151
152	152	(5) an establishment: 7
153	153
154	154	(i) 1. that is physically located within the premises of any other 8
155	155	establishment covered by this subtitle; or 9
156	156
157	157	2. within the premises of which any other establishment 10
158	158	covered by this subtitle is physically located; and 11
159	159
160	160	(ii) that holds itself out as serving patrons of the covered 12
161	161	establishment. 13
162	162
163	163	20–302. 14
164	164
165	165	This subtitle does not prohibit the proprietor or employees of any establishment from 15
166	166	denying service to any person for failure to conform to the usual and regular requirements, 16
167	167	standards, and regulations of the establishment, provided that the denial is not based on 17
168	168	discrimination on the grounds of race, sex, age, color, creed, national origin, marital status, 18
169	169	sexual orientation, gender identity, REFUSAL OF THE PERSON TO UNDERGO A GENETIC 19
170	170	PROCEDURE , or disability. 20
171	171
172	172	20–304. 21
173	173
174	174	An owner or operator of a place of public accommodation or an agent or employee of 22
175	175	the owner or operator may not refuse, withhold from, or deny to any person any of the 23
176	176	accommodations, advantages, facilities, or privileges of the place of public accommodation 24
177	177	because of the person’s race, sex, age, color, creed, national origin, marital status, sexual 25
178	178	orientation, gender identity, REFUSAL TO UNDERGO A GENETIC PROCEDURE , or 26
179	179	disability. 27
180	180
181	181	20–401. 28
182	182
183	183	This subtitle does not prohibit any person that is licensed or regulated by the 29
184	184	Maryland Department of Labor from refusing, withholding from, or denying 30
185	185	accommodations, advantages, facilities, privileges, sales, or services to any person for 31
186	186	failure to conform to the usual and regular requirements, standards, and regulations of the 32
187	187	licensed or regulated person, provided that the denial is not based on discrimination on the 33
188	188	grounds of race, sex, color, creed, national origin, marital status, sexual orientation, age, 34 SENATE BILL 914 5
189	189
190	190
191	191	gender identity, REFUSAL OF THE PERSON TO UNDERGO A GENETIC PROCEDURE , or 1
192	192	disability. 2
193	193
194	194	20–402. 3
195	195
196	196	A person that is licensed or regulated by a unit in the Maryland Department of Labor 4
197	197	listed in § 2–108 of the Business Regulation Article may not refuse, withhold from, or deny 5
198	198	any person any of the accommodations, advantages, facilities, privileges, sales, or services 6
199	199	of the licensed or regulated person or discriminate against any person because of the 7
200	200	person’s race, sex, creed, color, national origin, marital status, sexual orientation, age, 8
201	201	gender identity, REFUSAL TO UNDERGO A GENETIC PROCEDURE , or disability. 9
202	202
203	203	20–501. 10
204	204
205	205	An owner or operator of commercial property, an agent or employee of the owner or 11
206	206	operator of commercial property, or a person that is licensed or regulated by the State may 12
207	207	not discriminate against an individual in the terms, conditions, or privileges of the leasing 13
208	208	of property for commercial use, or in the provision of services or facilities in connection with 14
209	209	the leasing of property for commercial use, because of the individual’s race, color, religion, 15
210	210	sex, age, disability, marital status, sexual orientation, gender identity, REFUSAL TO 16
211	211	UNDERGO A GENETIC PR OCEDURE, or national origin. 17
212	212
213	213	20–601. 18
214	214
215	215	(a) In this subtitle the following words have the meanings indicated. 19
216	216
217	217	(h) “Harassment” includes: 20
218	218
219	219	(1) unwelcome and offensive conduct, which need not be severe or 21
220	220	pervasive, when: 22
221	221
222	222	(i) the conduct is based on race, color, religion, ancestry or national 23
223	223	origin, sex, age, marital status, sexual orientation, gender identity, REFUSAL OF THE 24
224	224	INDIVIDUAL TO UNDERGO A GENETIC PROCEDURE , or disability; and 25
225	225
226	226	(ii) 1. submission to the conduct is made either explicitly or 26
227	227	implicitly a term or condition of employment of an individual; 27
228	228
229	229	2. submission to or rejection of the conduct is used as a basis 28
230	230	for employment decisions affecting the individual; or 29
231	231
232	232	3. based on the totality of the circumstances, the conduct 30
233	233	unreasonably creates a working environment that a reasonable person would perceive to 31
234	234	be abusive or hostile; and 32
235	235
236	236	(2) sexual harassment. 33 6 SENATE BILL 914
237	237
238	238
239	239
240	240	20–602. 1
241	241
242	242	It is the policy of the State, in the exercise of its police power for the protection of the 2
243	243	public safety, public health, and general welfare, for the maintenance of business and good 3
244	244	government, and for the promotion of the State’s trade, commerce, and manufacturers: 4
245	245
246	246	(1) to assure all persons equal opportunity in receiving employment and in 5
247	247	all labor management–union relations, regardless of race, color, religion, ancestry or 6
248	248	national origin, sex, age, marital status, sexual orientation, gender identity, REFUSAL OF 7
249	249	A PERSON TO UNDERGO A GENETIC PROCEDURE , or disability unrelated in nature and 8
250	250	extent so as to reasonably preclude the performance of the employment; and 9
251	251
252	252	(2) to that end, to prohibit discrimination in employment by any person. 10
253	253
254	254	20–603. 11
255	255
256	256	This subtitle does not require: 12
257	257
258	258	(1) an employer, employment agency, labor organization, or joint 13
259	259	labor–management committee subject to this subtitle to grant preferential treatment to 14
260	260	any individual or group on the basis of the race, color, religion, sex, age, national origin, 15
261	261	gender identity, sexual orientation, REFUSAL TO UNDERGO A GENETIC PROCEDURE , or 16
262	262	disability of the individual or group because an imbalance may exist with respect to the 17
263	263	total number or percentage of individuals of any race, color, religion, sex, age, national 18
264	264	origin, gender identity, GENETIC PROCEDURE REFUSAL STATUS , or sexual orientation 19
265	265	or individuals with disabilities employed by the employer, referred or classified for 20
266	266	employment by the employment agency or labor organization, admitted to membership or 21
267	267	classified by the labor organization, or admitted to, or employed in, any apprenticeship or 22
268	268	other training program, compared to the total number or percentage of individuals of that 23
269	269	race, color, religion, sex, age, national origin, gender identity, GENETIC PROCEDURE 24
270	270	REFUSAL STATUS, or sexual orientation or individuals with disabilities in the State or any 25
271	271	community, section, or other area, or in the available work force in the State or any 26
272	272	community, section, or other area; or 27
273	273
274	274	(2) an employer to reasonably accommodate an employee’s religion or 28
275	275	disability, or an applicant for employment’s disability, if the accommodation would cause 29
276	276	undue hardship on the conduct of the employer’s business. 30
277	277
278	278	20–606. 31
279	279
280	280	(a) An employer may not: 32
281	281
282	282	(1) fail or refuse to hire, discharge, or otherwise discriminate against any 33
283	283	individual with respect to the individual’s compensation, terms, conditions, or privileges of 34
284	284	employment because of: 35 SENATE BILL 914 7
285	285
286	286
287	287
288	288	(i) the individual’s race, color, religion, sex, age, national origin, 1
289	289	marital status, sexual orientation, gender identity, genetic information, REFUSAL TO 2
290	290	UNDERGO A GENETIC PR OCEDURE, or disability unrelated in nature and extent so as to 3
291	291	reasonably preclude the performance of the employment; or 4
292	292
293	293	(ii) the individual’s refusal to submit to a genetic test or make 5
294	294	available the results of a genetic test; 6
295	295
296	296	(2) limit, segregate, or classify its employees or applicants for employment 7
297	297	in any way that would deprive or tend to deprive any individual of employment 8
298	298	opportunities or otherwise adversely affect the individual’s status as an employee because 9
299	299	of: 10
300	300
301	301	(i) the individual’s race, color, religion, sex, age, national origin, 11
302	302	marital status, sexual orientation, gender identity, genetic information, REFUSAL TO 12
303	303	UNDERGO A GENETIC PR OCEDURE, or disability unrelated in nature and extent so as to 13
304	304	reasonably preclude the performance of the employment; or 14
305	305
306	306	(ii) the individual’s refusal to submit to a genetic test or make 15
307	307	available the results of a genetic test; 16
308	308
309	309	(3) request or require genetic tests or genetic information as a condition of 17
310	310	hiring or determining benefits; 18
311	311
312	312	(4) fail or refuse to make a reasonable accommodation for the known 19
313	313	disability of an otherwise qualified employee or an applicant for employment; or 20
314	314
315	315	(5) engage in harassment of an employee. 21
316	316
317	317	(b) An employment agency may not: 22
318	318
319	319	(1) fail or refuse to refer for employment or otherwise discriminate against 23
320	320	any individual because of the individual’s race, color, religion, sex, age, national origin, 24
321	321	marital status, sexual orientation, gender identity, REFUSAL TO UNDERGO A GENETIC 25
322	322	PROCEDUR E, or disability unrelated in nature and extent so as to reasonably preclude the 26
323	323	performance of the employment; or 27
324	324
325	325	(2) classify or refer for employment any individual on the basis of the 28
326	326	individual’s race, color, religion, sex, age, national origin, marital status, sexual 29
327	327	orientation, gender identity, REFUSAL TO UNDERGO A GENETIC PROCEDURE , or 30
328	328	disability unrelated in nature and extent so as to reasonably preclude the performance of 31
329	329	the employment. 32
330	330
331	331	(c) A labor organization may not: 33
332	332	8 SENATE BILL 914
333	333
334	334
335	335	(1) exclude or expel from its membership, or otherwise discriminate 1
336	336	against, any individual because of the individual’s race, color, religion, sex, age, national 2
337	337	origin, marital status, sexual orientation, gender identity, REFUSAL TO UNDERGO A 3
338	338	GENETIC PROCEDURE , or disability unrelated in nature and extent so as to reasonably 4
339	339	preclude the performance of the employment; 5
340	340
341	341	(2) limit, segregate, or classify its membership, or classify or fail or refuse 6
342	342	to refer for employment any individual, in any way that would deprive or tend to deprive 7
343	343	the individual of employment opportunities, limit the individual’s employment 8
344	344	opportunities, or otherwise adversely affect the individual’s status as an employee or as an 9
345	345	applicant for employment because of the individual’s race, color, religion, sex, age, national 10
346	346	origin, marital status, sexual orientation, gender identity, REFUSAL TO UNDERGO A 11
347	347	GENETIC PROCEDURE , or disability unrelated in nature and extent so as to reasonably 12
348	348	preclude the performance of the employment; or 13
349	349
350	350	(3) cause or attempt to cause an employer to discriminate against an 14
351	351	individual in violation of this section. 15
352	352
353	353	(d) An employer, labor organization, or joint labor–management committee 16
354	354	controlling apprenticeship or other training or retraining programs, including on–the–job 17
355	355	training programs, may not discriminate against any individual in admission to, or 18
356	356	employment in, any program established to provide apprenticeship or other training or 19
357	357	retraining because of the individual’s race, color, religion, sex, age, national origin, marital 20
358	358	status, sexual orientation, gender identity, REFUSAL TO UNDERGO A GENETIC 21
359	359	PROCEDURE , or disability unrelated in nature and extent so as to reasonably preclude the 22
360	360	performance of the employment. 23
361	361
362	362	(e) (1) Except as provided in paragraph (2) of this subsection, an employer, 24
363	363	labor organization, or employment agency may not print or cause to be printed or published 25
364	364	any notice or advertisement relating to employment by the employer, membership in or any 26
365	365	classification or referral for employment by the labor organization, or any classification or 27
366	366	referral for employment by the employment agency that indicates any preference, 28
367	367	limitation, specification, or discrimination based on race, color, religion, sex, age, national 29
368	368	origin, marital status, sexual orientation, gender identity, REFUSAL TO UNDERGO A 30
369	369	GENETIC PROCEDURE , or disability. 31
370	370
371	371	(2) A notice or advertisement may indicate a preference, limitation, 32
372	372	specification, or discrimination based on religion, sex, age, national origin, marital status, 33
373	373	or disability if religion, sex, age, national origin, marital status, or disability is a bona fide 34
374	374	occupational qualification for employment. 35
375	375
376	376	(f) An employer may not discriminate or retaliate against any of its employees or 36
377	377	applicants for employment, an employment agency may not discriminate against any 37
378	378	individual, and a labor organization may not discriminate or retaliate against any member 38
379	379	or applicant for membership because the individual has: 39
380	380	SENATE BILL 914 9
381	381
382	382
383	383	(1) opposed any practice prohibited by this subtitle; or 1
384	384
385	385	(2) made a charge, testified, assisted, or participated in any manner in an 2
386	386	investigation, proceeding, or hearing under this subtitle. 3
387	387
388	388	20–610. 4
389	389
390	390	(b) An employer may not: 5
391	391
392	392	(1) fail or refuse to offer an internship, terminate an internship, or 6
393	393	otherwise discriminate against an individual with respect to the terms, conditions, or 7
394	394	privileges of an internship because of the individual’s race, color, religion, sex, age, national 8
395	395	origin, marital status, sexual orientation, gender identity, REFUSAL TO UNDERGO A 9
396	396	GENETIC PROCEDURE , or disability unrelated in nature and extent so as to reasonably 10
397	397	preclude the performance of the internship; 11
398	398
399	399	(2) limit, segregate, or classify its interns or applicants for internships in 12
400	400	any way that would deprive or tend to deprive any individual of internship opportunities 13
401	401	or otherwise adversely affect the individual’s status as an intern because of the individual’s 14
402	402	race, color, religion, sex, age, national origin, marital status, sexual orientation, gender 15
403	403	identity, REFUSAL TO UND ERGO A GENETIC PROCE DURE, or disability unrelated in 16
404	404	nature and extent so as to reasonably preclude the performance of the internship; 17
405	405
406	406	(3) fail or refuse to make a reasonable accommodation for the known 18
407	407	disability of an otherwise qualified intern; or 19
408	408
409	409	(4) discriminate or retaliate against any of its interns or applicants for 20
410	410	internships because the individual has: 21
411	411
412	412	(i) opposed any practice prohibited by this subtitle; or 22
413	413
414	414	(ii) made a charge, testified, assisted, or participated in any manner 23
415	415	in an investigation, a proceeding, or a hearing under this subtitle. 24
416	416
417	417	(c) (1) Except as provided in paragraph (2) of this subsection, an employer may 25
418	418	not print or cause to be printed or published any notice or advertisement relating to an 26
419	419	internship with the employer that indicates any preference, limitation, specification, or 27
420	420	discrimination based on race, color, religion, sex, age, national origin, marital status, sexual 28
421	421	orientation, gender identity, REFUSAL OF A PERSON TO UNDERGO A GENETIC 29
422	422	PROCEDURE , or disability. 30
423	423
424	424	(2) A notice or an advertisement may indicate a preference, limitation, 31
425	425	specification, or discrimination based on religion, sex, age, national origin, marital status, 32
426	426	or disability if religion, sex, age, national origin, marital status, or disability is a bona fide 33
427	427	occupational qualification for the internship. 34
428	428
429	429	20–702. 35 10 SENATE BILL 914
430	430
431	431
432	432
433	433	(a) It is the policy of the State: 1
434	434
435	435	(1) to provide for fair housing throughout the State to all, regardless of 2
436	436	race, color, religion, sex, familial status, national origin, marital status, sexual orientation, 3
437	437	gender identity, disability, GENETIC PROCEDURE REFUSAL STATUS , or source of income; 4
438	438	and 5
439	439
440	440	(2) to that end, to prohibit discriminatory practices with respect to 6
441	441	residential housing by any person, in order to protect and ensure the peace, health, safety, 7
442	442	prosperity, and general welfare of all. 8
443	443
444	444	20–703. 9
445	445
446	446	This subtitle does not: 10
447	447
448	448	(1) invalidate or limit any local law that requires dwellings to be designed 11
449	449	and constructed in a manner that affords an individual with a disability greater access than 12
450	450	is required by § 20–706(b) of this subtitle; 13
451	451
452	452	(2) limit the applicability of any reasonable local, State, or federal 14
453	453	restrictions regarding the maximum number of occupants allowed to occupy a dwelling; 15
454	454
455	455	(3) prohibit the State or a local government from enacting standards that 16
456	456	govern the location of group homes, as defined in § 4–601 of the Housing and Community 17
457	457	Development Article; 18
458	458
459	459	(4) affect the powers of any local government to enact an ordinance on any 19
460	460	subject covered by this subtitle, provided that the ordinance does not authorize any act that 20
461	461	would be a discriminatory housing practice under this subtitle; 21
462	462
463	463	(5) require that a dwelling be made available to an individual whose 22
464	464	tenancy would: 23
465	465
466	466	(i) constitute a direct threat to the health or safety of other 24
467	467	individuals; or 25
468	468
469	469	(ii) result in substantial physical damage to the property of others; 26
470	470
471	471	(6) prohibit conduct against a person because the person has been 27
472	472	convicted by a court of competent jurisdiction of the illegal manufacture or distribution of: 28
473	473
474	474	(i) a controlled dangerous substance, as defined in § 5–101 of the 29
475	475	Criminal Law Article; or 30
476	476
477	477	(ii) a controlled substance, as defined in 21 U.S.C. § 802; 31
478	478	SENATE BILL 914 11
479	479
480	480
481	481	(7) unless membership in the religion is restricted on the basis of race, 1
482	482	color, or national origin, prohibit a religious organization, association, or society or any 2
483	483	nonprofit institution or organization operated, supervised, or controlled by or in conjunction 3
484	484	with a religious organization, association, or society from giving preference or limiting the 4
485	485	sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial 5
486	486	purpose to persons of the same religion; or 6
487	487
488	488	(8) prohibit a private club that is not open to the public and that, as an 7
489	489	incident to its primary purpose or purposes, provides lodgings that it owns or operates for 8
490	490	other than a commercial purpose, from limiting the rental or occupancy of the dwellings to 9
491	491	its members or from giving preference to its members. 10
492	492
493	493	20–705. 11
494	494
495	495	Except as provided in §§ 20–703 and 20–704 of this subtitle, a person may not: 12
496	496
497	497	(1) refuse to sell or rent after the making of a bona fide offer, refuse to 13
498	498	negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any 14
499	499	person because of race, color, religion, sex, disability, marital status, familial status, sexual 15
500	500	orientation, gender identity, national origin, REFUSAL OF THE PERSON TO UNDERGO A 16
501	501	GENETIC PROCEDURE , or source of income; 17
502	502
503	503	(2) discriminate against any person in the terms, conditions, or privileges 18
504	504	of the sale or rental of a dwelling, or in the provision of services or facilities in connection 19
505	505	with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital 20
506	506	status, familial status, sexual orientation, gender identity, national origin, REFUSAL OF 21
507	507	THE PERSON TO UNDERGO A GENETIC PROCEDURE , or source of income; 22
508	508
509	509	(3) make, print, or publish, or cause to be made, printed, or published, any 23
510	510	notice, statement, or advertisement with respect to the sale or rental of a dwelling that 24
511	511	indicates any preference, limitation, or discrimination based on race, color, religion, sex, 25
512	512	disability, marital status, familial status, sexual orientation, gender identity, national 26
513	513	origin, REFUSAL OF THE PERSON TO UNDERGO A GENETIC PROCEDURE , or source of 27
514	514	income, or an intention to make any preference, limitation, or discrimination; 28
515	515
516	516	(4) represent to any person, because of race, color, religion, sex, disability, 29
517	517	marital status, familial status, sexual orientation, gender identity, national origin, 30
518	518	REFUSAL OF THE PERSON TO UNDERGO A GENETIC PROCEDURE , or source of income, 31
519	519	that any dwelling is not available for inspection, sale, or rental when the dwelling is 32
520	520	available; or 33
521	521
522	522	(5) for profit, induce or attempt to induce any person to sell or rent any 34
523	523	dwelling by representations regarding the entry or prospective entry into the neighborhood 35
524	524	of: 36
525	525	12 SENATE BILL 914
526	526
527	527
528	528	(I) a person of a particular race, color, religion, sex, disability, 1
529	529	marital status, familial status, sexual orientation, gender identity, national origin, or 2
530	530	source of income; OR 3
531	531
532	532	(II) A PERSON WHO HAS REFUS ED TO UNDERGO A GENE TIC 4
533	533	PROCEDURE . 5
534	534
535	535	20–707. 6
536	536
537	537	(b) (1) A person whose business includes engaging in residential real 7
538	538	estate–related transactions may not discriminate against any person in making available 8
539	539	a transaction, or in the terms or conditions of a transaction, because of race, color, religion, 9
540	540	sex, disability, marital status, familial status, sexual orientation, gender identity, national 10
541	541	origin, REFUSAL OF THE PERSON TO UNDERGO A GENETIC PROCEDURE , or source of 11
542	542	income. 12
543	543
544	544	(2) Paragraph (1) of this subsection does not prohibit a person engaged in 13
545	545	the business of furnishing appraisals of real property from taking into consideration factors 14
546	546	other than race, color, religion, sex, disability, marital status, familial status, sexual 15
547	547	orientation, gender identity, national origin, REFUSAL OF A PERSON TO UNDERGO A 16
548	548	GENETIC PROCEDURE , or source of income. 17
549	549
550	550	(c) A person may not, because of race, color, religion, sex, disability, marital 18
551	551	status, familial status, sexual orientation, gender identity, national origin, REFUSAL OF A 19
552	552	PERSON TO UNDERGO A GENETIC PROCEDURE , or source of income: 20
553	553
554	554	(1) deny a person access to, or membership or participation in, a 21
555	555	multiple–listing service, real estate brokers’ organization, or other service, organization, or 22
556	556	facility relating to the business of selling or renting dwellings; or 23
557	557
558	558	(2) discriminate against a person in the terms or conditions of membership 24
559	559	or participation. 25
560	560
561	561	20–1103. 26
562	562
563	563	(b) Whether or not acting under color of law, a person may not, by force or threat 27
564	564	of force, willfully injure, intimidate, interfere with, or attempt to injure, intimidate, or 28
565	565	interfere with: 29
566	566
567	567	(1) any person because of race, color, religion, sex, disability, marital 30
568	568	status, familial status, sexual orientation, gender identity, national origin, REFUSAL OF 31
569	569	THE PERSON TO UNDERGO A GENETIC PROCEDURE , or source of income and because 32
570	570	the person is or has been: 33
571	571
572	572	(i) selling, purchasing, renting, financing, occupying, or contracting 34
573	573	or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling; or 35 SENATE BILL 914 13
574	574
575	575
576	576
577	577	(ii) applying for or participating in any service, organization, or 1
578	578	facility relating to the business of selling or renting dwellings; 2
579	579
580	580	(2) any person because the person is or has been, or in order to intimidate 3
581	581	the person or any other person or any class of persons from: 4
582	582
583	583	(i) participating, without discrimination on account of race, color, 5
584	584	religion, sex, disability, marital status, familial status, sexual orientation, gender identity, 6
585	585	national origin, REFUSAL TO UNDERGO A GENETIC PROCEDURE , or source of income, in 7
586	586	any of the activities, services, organizations, or facilities described in item (1) of this 8
587	587	subsection; or 9
588	588
589	589	(ii) affording another person or class of persons the opportunity or 10
590	590	protection to participate in any of the activities, services, organizations, or facilities 11
591	591	described in item (1) of this subsection; or 12
592	592
593	593	(3) any person because the person is or has been, or in order to discourage 13
594	594	the person or any other person from: 14
595	595
596	596	(i) lawfully aiding or encouraging other persons to participate, 15
597	597	without discrimination on account of race, color, religion, sex, disability, marital status, 16
598	598	familial status, sexual orientation, gender identity, national origin, REFUSAL TO 17
599	599	UNDERGO A GENETIC PR OCEDURE, or source of income, in any of the activities, services, 18
600	600	organizations, or facilities described in item (1) of this subsection; or 19
601	601
602	602	(ii) participating lawfully in speech or peaceful assembly opposing 20
603	603	any denial of the opportunity to participate in any of the activities, services, organizations, 21
604	604	or facilities described in item (1) of this subsection. 22
605	605
606	606	Article – State Personnel and Pensions 23
607	607
608	608	2–302. 24
609	609
610	610	(a) The State recognizes and honors the value and dignity of every person and 25
611	611	understands the importance of providing employees and applicants for employment with a 26
612	612	fair opportunity to pursue their careers in an environment free of discrimination or 27
613	613	harassment prohibited by law. 28
614	614
615	615	(b) (1) Except as provided in paragraph (2) of this subsection or by other law, 29
616	616	all personnel actions concerning a State employee or applicant for employment in State 30
617	617	government shall be made without regard to: 31
618	618
619	619	(i) age; 32
620	620
621	621	(ii) ancestry; 33
622	622	14 SENATE BILL 914
623	623
624	624
625	625	(iii) color; 1
626	626
627	627	(iv) creed; 2
628	628
629	629	(v) gender identity; 3
630	630
631	631	(vi) marital status; 4
632	632
633	633	(vii) mental or physical disability; 5
634	634
635	635	(viii) national origin; 6
636	636
637	637	(ix) race; 7
638	638
639	639	(x) religious affiliation, belief, or opinion; 8
640	640
641	641	(xi) sex; [or] 9
642	642
643	643	(xii) sexual orientation; OR 10
644	644
645	645	(XIII) WHETHER THE EMPLOYEE OR APPLICAN T HAS REFUSED TO 11
646	646	UNDERGO A GENETIC PR OCEDURE. 12
647	647
648	648	(2) A personnel action may be taken with regard to age, sex, or disability 13
649	649	to the extent that age, sex, or physical or mental qualification is required by law or is a 14
650	650	bona fide occupational qualification. 15
651	651
652	652	(c) (1) Each State employee is expected to assume personal responsibility and 16
653	653	leadership in ensuring fair employment practices and equal employment opportunity in 17
654	654	Maryland State government. 18
655	655
656	656	(2) Employment discrimination and harassment by State managers, 19
657	657	supervisors, or other employees is prohibited. 20
658	658
659	659	(3) A State employee who violates this subtitle is subject to disciplinary 21
660	660	action by the employee’s appointing authority, including the termination of State 22
661	661	employment. 23
662	662
663	663	(d) The Equal Employment Opportunity Program in Title 5, Subtitle 2 of this 24
664	664	article governs all employees of any unit in the Executive Branch of State government, 25
665	665	including a unit with an independent personnel system. 26
666	666
667	667	(e) (1) At least annually, the Secretary shall report on the Equal Employment 27
668	668	Opportunity Program established in § 5–202 of this article to the Joint Committee on Fair 28
669	669	Practices and State Personnel Oversight. 29
670	670	SENATE BILL 914 15
671	671
672	672
673	673	(2) The head of a personnel system in the Legislative and Judicial branches 1
674	674	may report periodically on equal employment opportunity programs and policies in effect 2
675	675	in that personnel system to the Joint Committee on Fair Practices and State Personnel 3
676	676	Oversight. 4
677	677
678	678	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
679	679	October 1, 2024. 6