EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1261*
HOUSE BILL 1261
D5 5lr3461
By: Delegate Boafo
Introduced and read first time: February 7, 2025
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Employment Discrimination – Intent 2
FOR the purpose of prohibiting certain acts, regardless of the actor’s intent, that have a 3
discriminatory effect in employment; providing that a person who unintentionally 4
violates a certain provision of law has not committed an unlawful employment 5
practice under certain circumstances; and generally relating to intent and 6
employment discrimination. 7
BY repealing and reenacting, without amendments, 8
Article – State Government 9
Section 20–601(a) 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2024 Supplement) 12
BY adding to 13
Article – State Government 14
Section 20–601(l) 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2024 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – State Government 19
Section 20–602 and 20–606 20
Annotated Code of Maryland 21
(2021 Replacement Volume and 2024 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – State Government 25
2 HOUSE BILL 1261
20–601. 1
(a) In this subtitle the following words have the meanings indicated. 2
(L) “UNLAWFUL EMPLOYMENT P RACTICE” MEANS AN ACT THAT IS 3
PROHIBITED UNDER § 20–606 OF THIS SUBTITLE. 4
20–602. 5
It is the policy of the State, in the exercise of its police power for the protection of the 6
public safety, public health, and general welfare, for the maintenance of business and good 7
government, and for the promotion of the State’s trade, commerce, and manufacturers: 8
(1) to assure all persons equal opportunity in receiving employment and in 9
all labor management–union relations, regardless of race, color, religion, ancestry or 10
national origin, sex, age, marital status, sexual orientation, gender identity, military 11
status, or disability unrelated in nature and extent so as to reasonably preclude the 12
performance of the employment; and 13
(2) to that end, to prohibit discrimination OR ACTS THAT HAVE A 14
DISCRIMINATORY EFFEC T, REGARDLESS OF THE AC TOR’S INTENT, in employment by 15
any person. 16
20–606. 17
(a) An employer may not: 18
(1) fail or refuse to hire, discharge, or otherwise discriminate against any 19
individual with respect to the individual’s compensation, terms, conditions, or privileges of 20
employment because of: 21
(i) the individual’s race, color, religion, sex, age, national origin, 22
marital status, sexual orientation, gender identity, genetic information, military status, or 23
disability unrelated in nature and extent so as to reasonably preclude the performance of 24
the employment; or 25
(ii) the individual’s refusal to submit to a genetic test or make 26
available the results of a genetic test; 27
(2) limit, segregate, or classify its employees or applicants for employment 28
in any way that would deprive or tend to deprive any individual of employment 29
opportunities or otherwise adversely affect the individual’s status as an employee because 30
of: 31
(i) the individual’s race, color, religion, sex, age, national origin, 32
marital status, sexual orientation, gender identity, genetic information, military status, or 33 HOUSE BILL 1261 3
disability unrelated in nature and extent so as to reasonably preclude the performance of 1
the employment; or 2
(ii) the individual’s refusal to submit to a genetic test or make 3
available the results of a genetic test; 4
(3) request or require genetic tests or genetic information as a condition of 5
hiring or determining benefits; 6
(4) fail or refuse to make a reasonable accommodation for the known 7
disability of an otherwise qualified employee or an applicant for employment; or 8
(5) engage in harassment of an employee. 9
(b) An employment agency may not: 10
(1) fail or refuse to refer for employment or otherwise discriminate against 11
any individual because of the individual’s race, color, religion, sex, age, national origin, 12
marital status, sexual orientation, gender identity, military status, or disability unrelated 13
in nature and extent so as to reasonably preclude the performance of the employment; or 14
(2) classify or refer for employment any individual on the basis of the 15
individual’s race, color, religion, sex, age, national origin, marital status, sexual 16
orientation, gender identity, military status, or disability unrelated in nature and extent 17
so as to reasonably preclude the performance of the employment. 18
(c) A labor organization may not: 19
(1) exclude or expel from its membership, or otherwise discriminate 20
against, any individual because of the individual’s race, color, religion, sex, age, national 21
origin, marital status, sexual orientation, gender identity, military status, or disability 22
unrelated in nature and extent so as to reasonably preclude the performance of the 23
employment; 24
(2) limit, segregate, or classify its membership, or classify or fail or refuse 25
to refer for employment any individual, in any way that would deprive or tend to deprive 26
the individual of employment opportunities, limit the individual’s employment 27
opportunities, or otherwise adversely affect the individual’s status as an employee or as an 28
applicant for employment because of the individual’s race, color, religion, sex, age, national 29
origin, marital status, sexual orientation, gender identity, military status, or disability 30
unrelated in nature and extent so as to reasonably preclude the performance of the 31
employment; or 32
(3) cause or attempt to cause an employer to discriminate against an 33
individual in violation of this section. 34
4 HOUSE BILL 1261
(d) An employer, labor organization, or joint labor–management committee 1
controlling apprenticeship or other training or retraining programs, including on–the–job 2
training programs, may not discriminate against any individual in admission to, or 3
employment in, any program established to provide apprenticeship or other training or 4
retraining because of the individual’s race, color, religion, sex, age, national origin, marital 5
status, sexual orientation, gender identity, military status, or disability unrelated in nature 6
and extent so as to reasonably preclude the performance of the employment. 7
(e) (1) Except as provided in paragraph (2) of this subsection, an employer, 8
labor organization, or employment agency may not print or cause to be printed or published 9
any notice or advertisement relating to employment by the employer, membership in or any 10
classification or referral for employment by the labor organization, or any classification or 11
referral for employment by the employment agency that indicates any preference, 12
limitation, specification, or discrimination based on race, color, religion, sex, age, national 13
origin, marital status, sexual orientation, gender identity, disability, or military status. 14
(2) A notice or advertisement may indicate a preference, limitation, 15
specification, or discrimination based on religion, sex, age, national origin, marital status, 16
disability, or military status if religion, sex, age, national origin, marital status, disability, 17
or military status is a bona fide occupational qualification for employment. 18
(f) An employer may not discriminate or retaliate against any of its employees or 19
applicants for employment, an employment agency may not discriminate against any 20
individual, and a labor organization may not discriminate or retaliate against any member 21
or applicant for membership because the individual has: 22
(1) opposed any practice prohibited by this subtitle; or 23
(2) made a charge, testified, assisted, or participated in any manner in an 24
investigation, proceeding, or hearing under this subtitle. 25
(G) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, A PERSON 26
MAY NOT ACT IN A MANNER, REGARDLESS OF INTENT , THAT HAS A DISCRIMIN ATORY 27
EFFECT AGAINST AN INDIVIDUA L IN RELATION TO A N ACT PROHIBITED UNDER THIS 28
SECTION BECAUSE OF THE INDIVIDUAL ’S RACE, COLOR, RELIGION, SEX, AGE, 29
NATIONAL ORIGIN , MARITAL STATUS , SEXUAL ORIENTATION , GENDER IDENTITY , 30
DISABILITY, OR MILITARY STATUS . 31
(2) A PERSON WHO , WITHOUT DISCRIMINATO RY INTENT, VIOLATES 32
PARAGRAPH (1) OF THIS SUBSECTION HAS NOT COMMITTED A N UNLAWFUL 33
EMPLOYMENT PRACTICE IF: 34
(I) THE VIOLATION WAS JU STIFIED BY A LEGITIM ATE BUSINESS 35
NECESSITY; AND 36
HOUSE BILL 1261 5
(II) THERE WAS NO OTHER L ESS DISCRIMINATORY MEANS OF 1
ACCOMPLISHING THAT B USINESS NECESSITY . 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4