NEW AMENDMENT TO MARYLAND HUMAN RELATIONS ACT LIKELY TO RESULT IN MORE DISCRIMINATION CLAIMS IN STATE COURTS

 

Article 49B of the Annotated Code of Maryland (Maryland’s anti-discrimination law also known as the Maryland Human Relations Act) prohibits discrimination in employment, housing, public accommodations, State services, institutional health care, and the conduct of business by Licensees of the Department of Licensing and Regulation.  Specifically, the law prohibits discrimination against sexual orientation, marital status, and all ages.  These are in addition to the categories of race, color, religion, ancestry, national origin, and age (over 40 years old) protected under the federal statute.

Effective October 1, 2007, an amendment to the law will now allow employees claiming violations to sue in state court.  Prior to this change, Maryland employees claiming discrimination sued in federal court under the federal anti-discrimination laws or, if they worked in certain counties, under their county’s law.  This was because Maryland state law did not provide a private right of action for violations of state anti-discrimination laws.  Instead, employees claiming discrimination under state law were limited to filing administrative claims with the Maryland Human Relations Commission.

Article 49B applies to employers with 15 or more employees.  Moreover, a covered employer is obligated to maintain employment policies, procedures, and practices, which do not discriminate on the basis of race, color, national origin, sex, age, physical and/or mental handicap or marital status.  In addition, covered employers are obligated to provide reasonable accommodation for physically and/or mentally handicapped individuals as well as in some cases, the religious beliefs of their employees.  “Reasonable accommodation” means making adaptations to either the workplace or the job, in order that qualified persons can perform their duties.  The Commission looks at each accommodation to see what is or is not reasonable.

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Jackson & Campbell’s Employment Law Practice Group can help companies understand the potential implications of this amendment, including the monetary damages available to employees, which are now similar to those available under federal law, as well as the availability of damages for lost wages, punitive damages, attorneys’ and expert witness fees.

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