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Notes
| [Note] | Editor’s note—Section 27-1 is cited in Doe v. Montgomery County Board of Elections, 406 Md. 697, 962 A.2d 342 (2008). Section 27-1 is cited and quoted in Jacob v. Didlake Corp., 2007 U.S. Dist. LEXIS 4095 (Jan. 19, 2007). Section 27-1 is cited and quoted in Jacob v. Didlake Corp., 2007 U.S. Dist. LEXIS 4095 (Jan. 19, 2007). Section 27-1 is cited in Conaway v. Deane, 401 Md. 219, 932 A.2d 571 (2007). Section 27-1(b) is interpreted and quoted in Haas v. Lockheed Martin Corp., 166 Md. App. 163, 887 A.2d 673 (2005), where the court held that summary judgment granted to employer was proper where an employee filed a discrimination claim after the statute of limitations expired; limitations began to run on the date of notice of discharge, not when the actual discharge occurred. Section 27-1 is cited in Ridgely v. Montgomery County, 164 Md. App. 214, 883 A.2d 182 (2005), where the court held that firefighter’s narcolepsy prevented him from performing his duties but did not prevent him from working a different job and, therefore, did not support a claim of disability based on a disability. Section 27-1(f) is quoted in Manor Country Club v. Flaa, 387 Md. 297, 874 A.2d 1020 (2005), reversing and remanding 158 Md. App. 483, 857 A.2d 604 (2004), where the Court interpreted factors for calculating attorney’s fees under former language contained in Montgomery County Code § 27-7; the section was amended prior to the Court’s decision. Section 27-1 is quoted in Cohen v. Montgomery County Health and Human Services, 149 Md. App. 578, 817 A.2d 915 (2003), where the Court held that the employee’s claim that the County’s delay in providing reasonable accommodation for her disability stated a cause of action for employment discrimination based on disability. The above section is mentioned in Broadcast Equities v. Montgomery County, 123 Md. App. 363, 718 A.2d 648 (1998), vacated, Montgomery County v. Broadcast Equities, Inc., 360 Md. 438, 758 A.2d 995 (2000) (Broadcast Equities, Inc. failed to exhaust its administrative remedies before the Human Relations Commission). The above section is cited in American Red Cross v. Epperly, 351 Md. 216, 717 A.2d. 938 (1998). See County Attorney Opinion dated 4/8/03 indicating that sponsorship of a community dialogue on faith and understanding would not violate the Establishment Clause of the First Amendment to the Constitution, because the program would not advance or inhibit religion. See County Attorney Opinion dated 6/13/00 explaining that the County cannot refuse access to facilities based on the fact that a group has a discriminatory membership policy.
2000 L.M.C., ch. 36, §§ 1, 2, 4 and 5, read as follows: Sec. 1. Short Title. This Act may be cited as the Genetic Information Employment Rights Act of 2000. Sec. 2. Findings. The County Council finds that: (a) Genetic status can be used as a proxy for otherwise illegal grounds for discrimination, such as discrimination based on religion, race, nationality, sex, or age, providing a loophole in employment protections previously guaranteed by County law. (b) The threat of discrimination in employment based on the actual or perceived genetic status of an employee (including an applicant for employment) discourages genetic testing that could prevent or reduce disease or disabilities, provide peace of mind for individuals at risk for certain genetic conditions, and improve medical knowledge through genetic research. (c) Montgomery County, as home to the Human Genome Project of the National Institutes of Health, the Food and Drug Administration, Celera Genomics, and other public and private institutions at the cutting edge of genetic research, is an international center for the discovery of genetic knowledge to improve public health and welfare that depends on clinical research volunteers who live and work in the County. (d) Other than an Executive Order protecting federal employees, federal, state, and local employment laws generally have not kept pace with recent, rapid advances in genetic testing and therapies. Sec. 4. Regulations. All County regulations in effect when this Act becomes law [March 21, 2001] continue in effect, except that any reference in a regulation to employment discrimination includes discrimination based on genetic status, as provided in this Act. Within 120 days after this Act becomes law [March 21, 2001], the County Executive and the Human Relations Commission must submit to the Council, for approval under method (2), any amendments to their respective regulations necessary to implement this Act. Sec. 5. Public Education Program. The Human Relations Commission must, within 90 days after this Act becomes law [March 21, 2001], propose to the County Council and County Executive a public education program to inform employers, employees, genetic research and testing organizations, and the general public about County law regarding employment discrimination based on genetic information. In developing the proposed program, the Commission should consider the advice of employee and employer groups, genetics researchers, human rights organizations, and other interested individuals and organizations. This Section does not limit any authority or duty of the Commission under Chapter 27 of the County Code. |
(a) The County Council finds that discrimination because of race, color, religious creed, ancestry, national origin, age, sex, marital status, disability, genetic status, presence of children, family responsibilities, source of income, sexual orientation, or gender identity adversely affects the health, welfare, peace, and safety of the community. Persons subject to discrimination suffer unemployment and under employment resulting in low family income, overcrowded housing, poor health conditions, antisocial behavior, poverty, and lack of hope, injuring the public welfare, placing a burden upon the public treasury to ameliorate the conditions thus produced and creating conditions which endanger the public peace and order. Montgomery County’s policy is to foster equal opportunity for all without regard to race, color, religious creed, ancestry, national origin, sex, marital status, age, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or genetic status and strictly in accord with their individual merits as human beings.
(b) The prohibitions in this article are substantially similar, but not necessarily identical, to prohibitions in federal and state law. The intent is to assure that a complaint filed under this article may proceed more promptly than possible under either federal or state law. It is not County policy, however, to create a duplicative or cumulative process to those existing under similar or identical state or federal laws. Once a complaint is fully adjudicated under a similar or identical state or federal law, the complaint should not be reprocessed under this article if the effect is duplicative or cumulative. (1969 L.M.C., ch. 33, § 1; 1972 L.M.C., ch. 21, § 1; 1977 L.M.C., ch. 30, § 1; 1978 L.M.C., ch. 6, § 1; 1984 L.M.C., ch. 26, § 1; 2000 L.M.C., ch. 36, § 3; 2001 L.M.C., ch. 9, § 1; 2004 L.M.C., ch. 3, § 1; 2007 L.M.C., ch. 18, § 1.)
(a) Commission on Human Rights. The Commission on Human Rights is established. The Commission has 15 members. The members are appointed by the County Executive and confirmed by the County Council. The members should be men and women who are broadly representative of the diverse population of the County. Each member serves a 3 year term. Each member of the Commission continues to serve until a successor has been appointed and confirmed. The members of the Commission serve without compensation.
(b) Commission case review boards.
(1) The Commission must appoint a case review board of 3 individuals to consider and decide each complaint that the director certifies to the Commission. The director promptly must certify a complaint to the Commission after the director determines under Section 27-7(f) whether there are reasonable grounds to believe that the respondent violated this Chapter, if:
(A) the director determined that there are reasonable grounds to believe a violation occurred and the complaint was not resolved by conciliation; or
(B) the director determined that there are no reasonable grounds to believe a violation occurred and the complainant appeals the director's decision to the Commission.
(2) Each member of a case review board must be a member of the Commission when appointed to the board.
(3) Each board member is subject to disqualification under Section 2A-8(i)(1)c. and must not have:
(A) any interest in the complaint;
(B) any close relationship with the parties;
(C) participated in the investigation of the complaint; or
(D) participated in any conciliation of the complaint before a hearing on the merits.
(4) A board member serves until the complaint is resolved, even if the board member's membership on the Commission ends before the case is resolved.
(c) Article I of Chapter 2A (appeals from administrative agencies) governs a hearing under Section 27-7(h), except as otherwise provided in this Chapter. The Commission may issue rules, as regulations under method (2), that establish any additional procedures it finds necessary for:
(1) the director to certify a complaint to the Commission;
(2) the Commission to select members of a case review board, including a board member to fill a vacancy that arises before the case is resolved;
(3) the Commission or the board to select a board chair;
(4) a board to decide in each case where a complainant appeals to the Commission under Section 27-7(f)(2) whether to conduct a hearing under Section 27-7(h); and
(5) a board to decide whether a hearing examiner or the board itself will conduct a hearing.
(d) As part of its annual budget submission, the Commission must report the number of complaints filed during the previous fiscal year and statistical information regarding the nature and disposition of complaints. (Mont. Co. Code 1965, § 77-1; Ord. No. 6-56; 1969 L.M.C., ch. 33, § 1; 1972 L.M.C., ch. 21, § 1; 1977 L.M.C., ch. 28, § 10; 1977 L.M.C., ch. 30, § 1; 1986 L.M.C., ch. 39, § 1; FY 1991 L.M.C., ch. 9, § 1; 1995 L.M.C., ch. 21, § 1; 2001 L.M.C., ch. 9, § 1.)
Editor's note—The above section is mentioned in Broadcast Equities v. Montgomery County, 123 Md. App. 363, 718 A.2d 648 (1998), vacated, Montgomery County v. Broadcast Equities, Inc., 360 Md. 438, 758 A.2d 995 (2000) (Broadcast Equities, Inc. failed to exhaust its administrative remedies before the Human Relations Commission). The above section is cited and interpreted in American Red Cross v. Epperly, 351 Md. 216, 717 A.2d. 938 (1998). A rule adopted by the human relations commission which required landlords with twenty-five or more rental units to report quarterly on minority tenants, etc., was upheld against constitutional challenges in Montgomery County v. Fields Road Corporation, 282 Md. 575, 386 A.2d. 344 (1978). The above section is interpreted and applied in Holiday Spas v. Montgomery County Human Relations Commission, 70 Md.App. 344, 521 A.2d 340 (1987).
Cross reference—Boards and commissions generally, § 2-141 et seq.
The Commission must recommend individuals to the County Executive for the position of Commission chair. After considering the Commission's recommendations, the Executive must designate a member of the Commission to be chair. The Commission may elect other officers as it deems necessary. The Commission must meet at least once a month for 9 months in each calendar year. Eight members of the Commission, qualified to vote, constitutes a quorum for the transaction of business, and a majority vote of those present at a meeting is required for any official action by the Commission. (Mont. Co. Code 1965, § 77-2; Ord. No. 6-56; 1969 L.M.C., ch. 33, § 1; 1972 L.M.C., ch. 21, § 1; 1977 L.M.C., ch. 30, § 1; 2001 L.M.C., ch. 9, § 1.)
Editor's note—The above section is mentioned in Broadcast Equities v. Montgomery County, 123 Md. App. 363, 718 A.2d 648 (1998), vacated, Montgomery County v. Broadcast Equities, Inc., 360 Md. 438, 758 A.2d 995 (2000) (Broadcast Equities, Inc. failed to exhaust its administrative remedies before the Human Relations Commission).
(a) The Executive Director appointed under Section 1A-204(a) heads the Office of Human Rights and must assist the Commission to implement this Article.
(b) (1) The County Executive may assign additional staff to assist the Commission in carrying out this article. The Commission may, with the approval of the County Executive, engage the services of volunteer workers and volunteer consultants, who, subject to appropriations, may be reimbursed for out-of-pocket expenses incurred in performing volunteer services. Services of an individual as a volunteer worker or consultant must not be considered as service of employment in any merit system of the county or state.
(2) If the Commission and the county attorney determine that a representational conflict exists within the county attorney's office, then the county attorney may employ special legal counsel to represent the Commission after consultation with the Commission and approval by the County Council.
(3) The director may receive sworn complaints alleging discrimination that violates this chapter.
(4) Before a complaint is certified to the Commission under Sections 27-7(f)(2) or (g)(4), the director may investigate, resolve, or conciliate the complaint.
(5) The director may issue regulations under method (2) to carry out the responsibilities of the director and the Office of Human Rights under this article.
(6) The director must carry out any other duties described in this Chapter.
(c) In proposing a budget for the operation of the Commission and in selecting other personnel and facilities, the County Executive and the County Council must seek and consider the recommendations of the Commission.
(d) The Office of Human Rights must educate County residents about discriminatory lending practices through the use of literature, counseling, educational workshops, or public fora. The Office may work with the Commission for Women, the Office of Consumer Protection, and any other government or non-government agency or organization to identify that educate the public about discriminatory lending practices.*
*Editor’s note—Paragraph (d) of Sec. 27-4 was added by 2005 L.M.C., ch. 29, § 2 (Bill 36-04). However, in American Financial Services, et. al. v. Montgomery County, (Civil Action No. 269105), the Court declared Bill 36-04 “null and void” by order dated 11/30/06.
(Mont. Co. Code 1965, § 77-3; Ord. No. 6-56; 1969 L.M.C., ch. 33, § 1; 1972 L.M.C., ch. 21, § 1; 1977 L.M.C., ch.30, § 1; 1984 L.M.C., ch. 26, § 3; 1986 L.M.C., ch. 37, § 3; 2001 L.M.C., ch. 9, § 1; 2005 L.M.C., ch. 29, § 2; 2006 L.M.C., ch. 33, § 1; 2007 L.M.C, ch. 5, § 1.)
Editor's note—The above section is mentioned in Broadcast Equities v. Montgomery County, 123 Md. App. 363, 718 A.2d 648 (1998), vacated, Montgomery County v. Broadcast Equities, Inc., 360 Md. 438, 758 A.2d 995 (2000) (Broadcast Equities, Inc. failed to exhaust its administrative remedies before the Human Relations Commission).
2007 L.M.C., ch. 5, § 2, states: Affect on incumbents. If on the effective date of this Act [May 28, 2007] a merit system employee occupies a position which this Act converts to a non-merit position:
(a) that employee retains all merit system rights; and
(b) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
(a) The Commission must:
(1) Research, analyze, and disseminate information about activities and programs to eliminate prejudice, intolerance, bigotry, and discrimination.
(2) Conduct educational and other programs to promote equal rights and opportunities of all persons regardless of race, color, religious creed, ancestry, national origin, sex, age, marital status, disability, sexual orientation, gender identity, genetic status, presence of children, family responsibilities, or source of income.
(3) Promote goodwill, cooperation, understanding and human relations among all persons.
(4) Cooperate with interested citizens, racial, religious, and ethnic groups; and community, business, professional, technical, educational, and civic organizations.
(5) Cooperate with the County Executive and all governmental agencies on matters within the Commission’s jurisdiction.
(6) Study and investigate, through public or private meetings, conferences, and public hearings, conditions that could result in discrimination, prejudice, intolerance, or bigotry because of race, color, religious creed, ancestry, national origin, sex, age, marital status, disability, sexual orientation, gender identity, genetic status, presence of children, family responsibilities, or source of income.
(7) Advise county residents, the County Council, the County Executive, and the various departments of County, State, and federal governments about racial, religious, and ethnic prejudice, intolerance, discrimination, and bigotry and recommend procedures, programs, and laws to promote and protect equal rights and opportunities for all persons, regardless of race, color, religious creed, ancestry, national origin, sex, age, marital status, disability, sexual orientation, gender identity, genetic status, presence of children, family responsibilities, or source of income.
(8) Work to eliminate discrimination, prejudice, intolerance, and bigotry in housing, recreation, education, health, employment, public accommodations, justice, and related matters.
(9) Initiate and receive complaints of discrimination, prejudice, intolerance, and bigotry from any person or group because of race, color, sex, age, marital status, religious creed, ancestry, national origin, disability, sexual orientation, gender identity, genetic status, presence of children, family responsibilities or source of income, that deprives that person or group of equal rights, protection, or opportunity in employment, real estate, and public accommodation. The Commission must:
(A) approve any conciliation agreement before the agreement is enforceable as an order of the Commission;
(B) appoint a case review board under Section 27-2(b) and (c) to consider and decide a complaint certified to the Commission under Sections 27-7(f)(2) or (g)(4), and
(C) take any other action necessary to resolve a complaint under this Article and any other applicable law.
(10) Keep a record of the Commission's hearings and activities and minutes of all other meetings. The Commission is a public body under the State Public Information Act and Open Meetings Act.
(11) Provide to the County Executive and County Council:
(A) a quarterly written or oral report of Commission activities and recommendations within 30 days after each calendar quarter; and
(B) an annual written report summarizing Commission activities, goals, needs, and recommendations promptly after each calendar year.
(C) by March 1 of each year, an annual written report, compiled by the Office of Human Rights, for the preceding calendar year detailing the number and type of housing discrimination complaints received under this Section, including the age, gender, and race of the complainant, the area where complainant resides, the decision of the Commission, and the type and amount of the penalty imposed. This report must also identify overall lending patterns in the County for prime and subprime loans as compiled from Home Mortgage Disclosure Act and Fair Housing Administration data. This report must be separate from the Commission’s annual report.*
*Editor’s note—Subparagraph (C) of Sec. 27-5(a)(11) was added by 2005 L.M.C., ch. 29, § 2 (Bill 36-04). However, in American Financial Services, et. al. v. Montgomery County, (Civil Action No. 269105), the Court declared Bill 36-04 “null and void” by order dated 11/30/06.
(12) Issue any other regulations under method (2) necessary to carry out this article.
(b) If the County Executive does not object, the Commission may conduct additional programs to relieve group tension or adverse intergroup actions resulting from causes other than race, color, sex, religious creed, ancestry, national origin, age, marital status, disability, sexual orientation, gender identity, genetic status, presence of children, family responsibilities, or source of income.
(c) Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations. (Mont. Co. Code 1965, § 77-5; Ord. No. 6-56; 1969 L.M.C., ch. 33, § 1; 1972 L.M.C., ch. 21, § 1; 1974 L.M.C., ch. 19, § 1; 1977 L.M.C., ch. 30, § 1; 1978 L.M.C., ch. 6, § 2; 1984 L.M.C., ch. 24, § 30; 1984 L.M.C., ch. 26, § 4; 2000 L.M.C., ch. 36, § 3; 2001 L.M.C., ch. 9, § 1; 2004 L.M.C., ch. 3, § 2; 2005 L.M.C., ch. 29, § 2; 2006 L.M.C., ch. 33, § 1; 2007 L.M.C., ch. 18, § 1; 2016 L.M.C., ch. 15, § 1.)
Editor's note—
Section 27-5 is cited in Doe v. Montgomery County Board of Elections, 406 Md. 697, 962 A.2d 342 (2008). The above section is mentioned in Broadcast Equities v. Montgomery County, 123 Md. App. 363, 718 A.2d 648 (1998), vacated, Montgomery County v. Broadcast Equities, Inc., 360 Md. 438, 758 A.2d 995 (2000) (Broadcast Equities, Inc. failed to exhaust its administrative remedies before the Human Relations Commission). The above section is interpreted and applied in Holiday Spas v. Montgomery County Human Relations Commission, 70 Md. App. 344, 521 A.2d 340 (1987).
See County Attorney Opinion dated 8/26/04 discussing the extent and limits of the Commission on Health’s authority. See County Attorney Opinion dated 4/8/03 indicating that sponsorship of a community dialogue on faith and understanding would not violate the Establishment Clause of the First Amendment to the Constitution, because the program would not advance or inhibit religion.
2000 L.M.C., ch. 36, §§ 1, 2, 4 and 5, read as follows:
Sec. 1. Short Title. This Act may be cited as the Genetic Information Employment Rights Act of 2000.
Sec. 2. Findings. The County Council finds that:
(a) Genetic status can be used as a proxy for otherwise illegal grounds for discrimination, such as discrimination based on religion, race, nationality, sex, or age, providing a loophole in employment protections previously guaranteed by County law.
(b) The threat of discrimination in employment based on the actual or perceived genetic status of an employee (including an applicant for employment) discourages genetic testing that could prevent or reduce disease or disabilities, provide peace of mind for individuals at risk for certain genetic conditions, and improve medical knowledge through genetic research.
(c) Montgomery County, as home to the Human Genome Project of the National Institutes of Health, the Food and Drug Administration, Celera Genomics, and other public and private institutions at the cutting edge of genetic research, is an international center for the discovery of genetic knowledge to improve public health and welfare that depends on clinical research volunteers who live and work in the County.
(d) Other than an Executive Order protecting federal employees, federal, state, and local employment laws generally have not kept pace with recent, rapid advances in genetic testing and therapies.
Sec. 4. Regulations. All County regulations in effect when this Act becomes law [March 21, 2001] continue in effect, except that any reference in a regulation to employment discrimination includes discrimination based on genetic status, as provided in this Act. Within 120 days after this Act becomes law [March 21, 2001], the County Executive and the Human Relations Commission must submit to the Council, for approval under method (2), any amendments to their respective regulations necessary to implement this Act.
Sec. 5. Public Education Program. The Human Relations Commission must, within 90 days after this Act becomes law [March 21, 2001], propose to the County Council and County Executive a public education program to inform employers, employees, genetic research and testing organizations, and the general public about County law regarding employment discrimination based on genetic information. In developing the proposed program, the Commission should consider the advice of employee and employer groups, genetics researchers, human rights organizations, and other interested individuals and organizations. This Section does not limit any authority or duty of the Commission under Chapter 27 of the County Code.
The above section is mentioned in Broadcast Equities v. Montgomery County, 123 Md. App. 363, 718 A.2d 648 (1998), vacated, Montgomery County v. Broadcast Equities, Inc., 360 Md. 438, 758 A.2d 995 (2000) (Broadcast Equities, Inc. failed to exhaust its administrative remedies before the Human Relations Commission). The above section is interpreted and applied in Holiday Spas v. Montgomery County Human Relations Commission, 70 Md. App. 344, 521 A.2d 340 (1987).
Section 27-5, formerly § 27-6, was renumbered and amended pursuant to 2001 L.M.C., ch. 9, § 1.
Former Section 27-5, relating to compensation and expenses of members of the commission on human relations, was repealed by FY 1991 L.M.C., ch. 9, § 1. The section was formerly derived from Mont. Co. Code 1965, § 77-4; Ord. No. 6-56; 1969 L.M.C., ch. 33, § 1; 1972 L.M.C., ch. 21, § 1; and 1977 L.M.C., ch. 30, § 1. See § 2-145.
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