Maryland 2025 Regular Session

Maryland House Bill HB1261 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 EXISTING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1261
6	6
7	7	HOUSE BILL 1261
8	8	D5 5lr3461
9	9
10	10	By: Delegate Boafo
11	11	Introduced and read first time: February 7, 2025
12	12	Assigned to: Economic Matters
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Employment Discrimination – Intent 2
19	19
20	20	FOR the purpose of prohibiting certain acts, regardless of the actor’s intent, that have a 3
21	21	discriminatory effect in employment; providing that a person who unintentionally 4
22	22	violates a certain provision of law has not committed an unlawful employment 5
23	23	practice under certain circumstances; and generally relating to intent and 6
24	24	employment discrimination. 7
25	25
26	26	BY repealing and reenacting, without amendments, 8
27	27	Article – State Government 9
28	28	Section 20–601(a) 10
29	29	Annotated Code of Maryland 11
30	30	(2021 Replacement Volume and 2024 Supplement) 12
31	31
32	32	BY adding to 13
33	33	Article – State Government 14
34	34	Section 20–601(l) 15
35	35	Annotated Code of Maryland 16
36	36	(2021 Replacement Volume and 2024 Supplement) 17
37	37
38	38	BY repealing and reenacting, with amendments, 18
39	39	Article – State Government 19
40	40	Section 20–602 and 20–606 20
41	41	Annotated Code of Maryland 21
42	42	(2021 Replacement Volume and 2024 Supplement) 22
43	43
44	44	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
45	45	That the Laws of Maryland read as follows: 24
46	46
47	47	Article – State Government 25
48	48	2 HOUSE BILL 1261
49	49
50	50
51	51	20–601. 1
52	52
53	53	(a) In this subtitle the following words have the meanings indicated. 2
54	54
55	55	(L) “UNLAWFUL EMPLOYMENT P RACTICE” MEANS AN ACT THAT IS 3
56	56	PROHIBITED UNDER § 20–606 OF THIS SUBTITLE. 4
57	57
58	58	20–602. 5
59	59
60	60	It is the policy of the State, in the exercise of its police power for the protection of the 6
61	61	public safety, public health, and general welfare, for the maintenance of business and good 7
62	62	government, and for the promotion of the State’s trade, commerce, and manufacturers: 8
63	63
64	64	(1) to assure all persons equal opportunity in receiving employment and in 9
65	65	all labor management–union relations, regardless of race, color, religion, ancestry or 10
66	66	national origin, sex, age, marital status, sexual orientation, gender identity, military 11
67	67	status, or disability unrelated in nature and extent so as to reasonably preclude the 12
68	68	performance of the employment; and 13
69	69
70	70	(2) to that end, to prohibit discrimination OR ACTS THAT HAVE A 14
71	71	DISCRIMINATORY EFFEC T, REGARDLESS OF THE AC TOR’S INTENT, in employment by 15
72	72	any person. 16
73	73
74	74	20–606. 17
75	75
76	76	(a) An employer may not: 18
77	77
78	78	(1) fail or refuse to hire, discharge, or otherwise discriminate against any 19
79	79	individual with respect to the individual’s compensation, terms, conditions, or privileges of 20
80	80	employment because of: 21
81	81
82	82	(i) the individual’s race, color, religion, sex, age, national origin, 22
83	83	marital status, sexual orientation, gender identity, genetic information, military status, or 23
84	84	disability unrelated in nature and extent so as to reasonably preclude the performance of 24
85	85	the employment; or 25
86	86
87	87	(ii) the individual’s refusal to submit to a genetic test or make 26
88	88	available the results of a genetic test; 27
89	89
90	90	(2) limit, segregate, or classify its employees or applicants for employment 28
91	91	in any way that would deprive or tend to deprive any individual of employment 29
92	92	opportunities or otherwise adversely affect the individual’s status as an employee because 30
93	93	of: 31
94	94
95	95	(i) the individual’s race, color, religion, sex, age, national origin, 32
96	96	marital status, sexual orientation, gender identity, genetic information, military status, or 33 HOUSE BILL 1261 3
97	97
98	98
99	99	disability unrelated in nature and extent so as to reasonably preclude the performance of 1
100	100	the employment; or 2
101	101
102	102	(ii) the individual’s refusal to submit to a genetic test or make 3
103	103	available the results of a genetic test; 4
104	104
105	105	(3) request or require genetic tests or genetic information as a condition of 5
106	106	hiring or determining benefits; 6
107	107
108	108	(4) fail or refuse to make a reasonable accommodation for the known 7
109	109	disability of an otherwise qualified employee or an applicant for employment; or 8
110	110
111	111	(5) engage in harassment of an employee. 9
112	112
113	113	(b) An employment agency may not: 10
114	114
115	115	(1) fail or refuse to refer for employment or otherwise discriminate against 11
116	116	any individual because of the individual’s race, color, religion, sex, age, national origin, 12
117	117	marital status, sexual orientation, gender identity, military status, or disability unrelated 13
118	118	in nature and extent so as to reasonably preclude the performance of the employment; or 14
119	119
120	120	(2) classify or refer for employment any individual on the basis of the 15
121	121	individual’s race, color, religion, sex, age, national origin, marital status, sexual 16
122	122	orientation, gender identity, military status, or disability unrelated in nature and extent 17
123	123	so as to reasonably preclude the performance of the employment. 18
124	124
125	125	(c) A labor organization may not: 19
126	126
127	127	(1) exclude or expel from its membership, or otherwise discriminate 20
128	128	against, any individual because of the individual’s race, color, religion, sex, age, national 21
129	129	origin, marital status, sexual orientation, gender identity, military status, or disability 22
130	130	unrelated in nature and extent so as to reasonably preclude the performance of the 23
131	131	employment; 24
132	132
133	133	(2) limit, segregate, or classify its membership, or classify or fail or refuse 25
134	134	to refer for employment any individual, in any way that would deprive or tend to deprive 26
135	135	the individual of employment opportunities, limit the individual’s employment 27
136	136	opportunities, or otherwise adversely affect the individual’s status as an employee or as an 28
137	137	applicant for employment because of the individual’s race, color, religion, sex, age, national 29
138	138	origin, marital status, sexual orientation, gender identity, military status, or disability 30
139	139	unrelated in nature and extent so as to reasonably preclude the performance of the 31
140	140	employment; or 32
141	141
142	142	(3) cause or attempt to cause an employer to discriminate against an 33
143	143	individual in violation of this section. 34
144	144	4 HOUSE BILL 1261
145	145
146	146
147	147	(d) An employer, labor organization, or joint labor–management committee 1
148	148	controlling apprenticeship or other training or retraining programs, including on–the–job 2
149	149	training programs, may not discriminate against any individual in admission to, or 3
150	150	employment in, any program established to provide apprenticeship or other training or 4
151	151	retraining because of the individual’s race, color, religion, sex, age, national origin, marital 5
152	152	status, sexual orientation, gender identity, military status, or disability unrelated in nature 6
153	153	and extent so as to reasonably preclude the performance of the employment. 7
154	154
155	155	(e) (1) Except as provided in paragraph (2) of this subsection, an employer, 8
156	156	labor organization, or employment agency may not print or cause to be printed or published 9
157	157	any notice or advertisement relating to employment by the employer, membership in or any 10
158	158	classification or referral for employment by the labor organization, or any classification or 11
159	159	referral for employment by the employment agency that indicates any preference, 12
160	160	limitation, specification, or discrimination based on race, color, religion, sex, age, national 13
161	161	origin, marital status, sexual orientation, gender identity, disability, or military status. 14
162	162
163	163	(2) A notice or advertisement may indicate a preference, limitation, 15
164	164	specification, or discrimination based on religion, sex, age, national origin, marital status, 16
165	165	disability, or military status if religion, sex, age, national origin, marital status, disability, 17
166	166	or military status is a bona fide occupational qualification for employment. 18
167	167
168	168	(f) An employer may not discriminate or retaliate against any of its employees or 19
169	169	applicants for employment, an employment agency may not discriminate against any 20
170	170	individual, and a labor organization may not discriminate or retaliate against any member 21
171	171	or applicant for membership because the individual has: 22
172	172
173	173	(1) opposed any practice prohibited by this subtitle; or 23
174	174
175	175	(2) made a charge, testified, assisted, or participated in any manner in an 24
176	176	investigation, proceeding, or hearing under this subtitle. 25
177	177
178	178	(G) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, A PERSON 26
179	179	MAY NOT ACT IN A MANNER, REGARDLESS OF INTENT , THAT HAS A DISCRIMIN ATORY 27
180	180	EFFECT AGAINST AN INDIVIDUA L IN RELATION TO A N ACT PROHIBITED UNDER THIS 28
181	181	SECTION BECAUSE OF THE INDIVIDUAL ’S RACE, COLOR, RELIGION, SEX, AGE, 29
182	182	NATIONAL ORIGIN , MARITAL STATUS , SEXUAL ORIENTATION , GENDER IDENTITY , 30
183	183	DISABILITY, OR MILITARY STATUS . 31
184	184
185	185	(2) A PERSON WHO , WITHOUT DISCRIMINATO RY INTENT, VIOLATES 32
186	186	PARAGRAPH (1) OF THIS SUBSECTION HAS NOT COMMITTED A N UNLAWFUL 33
187	187	EMPLOYMENT PRACTICE IF: 34
188	188
189	189	(I) THE VIOLATION WAS JU STIFIED BY A LEGITIM ATE BUSINESS 35
190	190	NECESSITY; AND 36
191	191	HOUSE BILL 1261 5
192	192
193	193
194	194	(II) THERE WAS NO OTHER L ESS DISCRIMINATORY MEANS OF 1
195	195	ACCOMPLISHING THAT B USINESS NECESSITY . 2
196	196
197	197	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
198	198	October 1, 2025. 4