Article I. Commission on Human Rights. [Note]

 

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.

Sec. 27-1. Statement of policy.

   (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.)

Sec. 27-1A. Reserved.

   Editor's note—Section 27-1A, relating to the applicability of this chapter within incorporated municipalities, derived from 1974 L.M.C., ch. 53, § 1, and 1984 L.M.C., ch. 26, § 2, was repealed by 1985 L.M.C., ch. 31, § 18. See § 2-96.

Sec. 27-2. Commission membership and case review boards.

   (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.

Sec. 27-3. Officers; meetings; quorum; voting.

   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).

Sec. 27-4. Office of Human Rights.

   (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.

Sec. 27-5. Duties generally.

   (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.

Sec. 27-6. Definitions.

   The following words and phrases have the following meanings, unless the context indicates otherwise:

   Commission means the County Commission on Human Rights.

   Commissioner means an individual appointed and confirmed to serve on the Commission.

   Director means the Executive Director of the Office of Human Rights and includes the Executive Director’s designee.

   Disability means a physical or mental impairment that substantially limits one or more of an individual’s major life activities, a record of having such an impairment, being associated with an individual with a disability, or being regarded as having such an impairment. The term also includes:

   (1)   any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, blood and lymphatic, skin and endocrine;

   (2)   alcoholism or prior drug dependency or current medically supervised drug dependency; or

   (3)   any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

   Dwelling means any building, facility or structure, or portion thereof, that is designed, intended or arranged for occupancy as a home, residence or sleeping place of one or more individuals. Dwelling includes that portion of a dwelling used for a home occupation.

   Employee means any individual employed by an employer, either for compensation or as a volunteer. Employee includes an individual seeking or applying for employment by an employer.

   Employee’s relative means any individual who is, or is perceived to be:

   (1)   biologically related to the employee; or

   (2)   eligible for health care insurance or other benefit from the employer because of the individual’s relationship to the employee.

   Employer means any person who employs one or more individuals in the County, either for compensation or as a volunteer. Employer includes a person who recruits an individual in the County to apply for employment in the County or elsewhere. Employer includes Montgomery County and its instrumentalities and agencies.

   Employment agency means any person regularly undertaking or attempting, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer.

   Family responsibilities means the state of being financially or legally responsible for the support or care of a person or persons, regardless of the number of dependent persons or the age of any dependent person.

   Gender expression includes gender as expressed by an individual’s name, pronouns, clothing, hairstyle, behavior, voice, or similar characteristics.

   Gender identity means an individual’s actual or perceived gender, including a person’s gender-related appearance, expression, image, identity, or behavior, whether or not those gender-related characteristics differ from the characteristics customarily associated with the person’s assigned sex at birth.

   Gender-nonconforming means gender expression that does not conform to stereotypical expectations of how a male or female should appear or act.

   Genetic condition includes the presence of deoxyribonucleic acid (DNA), ribonucleic acid (RNA), chromosomes, proteins, or certain metabolites that indicate or confirm that an individual has a mutation or other genotype associated with a disease or disability.

   Genetic information means information regarding an employee’s (or an employee’s relative’s):

   (1)   actual or perceived genetic condition;

   (2)   request for or receipt of any test that can detect, indicate, or analyze a genetic condition; or

   (3)   medical history, if the information otherwise satisfies either paragraph (1) or (2).

   Genetic status: Discrimination based on genetic status includes discrimination based on:

   (1)   genetic information; or

   (2)   the actual or perceived genetic condition of an employee or the employee’s relative.

   Housing means a dwelling or any vacant land intended for the construction or location of a dwelling.

   Labor organization means any entity in which employees participate directly or indirectly for the purpose, in whole or in part, of dealing with employers concerning the terms, conditions, or privileges of employment. Labor organization includes any conference, general committee, joint or system board, or joint council that is subordinate to a national or international labor organization.

   *See Editor’s note at the end of this Section, prior to the legislative history.

   Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

   Marital status means whether an individual is married, unmarried, widowed, or divorced.

   Mortgage loan means the making of a loan or providing other financial assistance to purchase, refinance, construct, improve, repair, or maintain a dwelling that is secured by real property, or any other type of loan that is secured by a dwelling.*

   *See Editor’s note at the end of this Section, prior to the legislative history.

   Person means an individual; a legal entity; or a department, agency, or instrument of the County or, to the extent allowed by law, of federal, State, or local government. A lending institution, including any bank, insurance company, savings and loan association, or other organization regularly engaged in the business of lending money, brokering money, or guaranteeing loans, is a person.*

   *See Editor’s note at the end of this Section, prior to the legislative history.

   Presence of children means the existence in a household of an individual under the age of 18 years.

   Protective hairstyles are those hairstyles necessitated by, or resulting from, the immutable characteristics of a hair texture associated with race, such as braids, locks, afros, curls, and twists.

   Qualified individual with a disability means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or seeks.

   Real estate means any interest in land or anything permanently attached to land. Real estate includes residential and commercial property.

   Real estate, commercial means any real estate used, in whole or in part, for business, industrial, or agricultural purposes.

   Real estate broker means any person licensed as a real estate broker under Maryland law.

   Real estate salesperson means any person:

   (1)   licensed as a real estate salesperson under Maryland law; or

   (2)   otherwise engaged or employed to sell or lease real estate.

   Readily achievable means easily accomplishable and able to be carried out without unreasonable difficulty or expense. Factors that can affect whether an action is readily achievable include

   (1)   the nature and cost of the accommodation needed to comply with this article;

   (2)   the overall financial resources of the person required to provide the reasonable accommodation; and

   (3)   the impact of the accommodation.

   Reasonable accommodation means any modifications necessary to make an environment suitable for a disabled person, without undue hardship or significant risk to any person’s health or safety. Reasonable accommodation in employment includes:

   (1)   making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and

   (2)   job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

   Religious creed includes all aspects of religious observance, practice, and belief.

   The terms “because of sex” or “on the basis of sex” include because of, or on the basis of, pregnancy, childbirth, or related medical conditions.

   Sexual orientation means actual or perceived male or female homosexuality, heterosexuality, or bisexuality;

   (1)   by practice between lawfully consenting adults; or

   (2)   by inclination.

   Source of income means any lawful source of money, paid directly or indirectly to a renter or buyer of housing, including income from:

   (1)   any lawful profession or occupation;

   (2)   any government or private assistance, grant, or loan program;

   (3)   any gift, inheritance, pension, annuity, alimony, child support, or other lawful compensation or benefit; or

   (4)   any sale or pledge of any property or interest in property.

   Transgender individual means an individual whose gender identity differs from the individual’s assigned or presumed sex at birth.

   Undue hardship means an action requiring significant difficulty or expense. In determining whether an accommodation would impose an undue hardship, the decision maker must consider:

   (1)   the nature and cost of the accommodation needed to comply with this article;

   (2)   the overall financial resources of the person who would provide the accommodation; and

   (3)   the impact of the accommodation on other persons.

   *Editor’s note— The definition of lending institution was repealed, the definition of mortgage loan was added, and the definition of person was amended 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. Prior to 2005 L.M.C., ch. 29, the definitions of lending institution and person read as follows:

   Lending institution means any bank, insurance company, savings and loan association, or any other person or organization regularly engaged in the business of lending money or guaranteeing loans. Lending institution includes a department, agency, or instrument of the County or, to the extent allowed by law, a federal, State, or local government that lends money or guarantees loans.

   Person means any individual; a legal entity; or a department agency, or instrument of the County, or to the extent allowed by law, of federal, State, or local government.

(1978 L.M.C., ch. 6, § 3; 1984 L.M.C., ch. 24, § 30; 1984 L.M.C., ch. 26, § 5; 2001 L.M.C., ch. 9, § 1 ; 2001 L.M.C., ch. 33, § 1 ; 2004 L.M.C., ch. 3, § 3; 2005 L.M.C., ch. 29, § 2; 2007 L.M.C, ch. 5, § 1; 2007 L.M.C., ch. 18, § 1; 2019 L.M.C., ch. 26, §1; 2020 L.M.C., ch. 30, §1.)

   Editor’s note—Section 27-6 is cited in Doe v. Montgomery County Board of Elections, 406 Md. 697, 962 A.2d 342 (2008). Section 27-6 is quoted in Jacob v. Didlake Corp., 2007 U.S. Dist. LEXIS 4095 (Jan. 19, 2007), in Montgomery County v. Glenmont Hills Associates, Privacy World at Glenmont Metro Centre, 402 Md. 250, 936 A.2d 325 (2007), and in Haas v. Lockheed Martin Corp., 396 Md. 469, 914 A.2d 735 (2007). Portions of Section 27-6 are quoted 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 27-6 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.

   2019 L.M.C., ch. 26, § 2, states: This Act is known as the “Montgomery County CROWN (Creating a Respectful and Open World for Natural Hair) Act.”

   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.

   Section 27-6, formerly § 27-6A, was renumbered, amended and retitled pursuant to 2001 L.M.C., ch. 9, § 1.

Sec. 27-7. Administration and enforcement.

   (a)    Filing complaints. Any person subjected to a discriminatory act or practice in violation of this Article, or any group or person seeking to enforce this Article or Articles X, XI, XII, XIII, or XV may file with the Director a written complaint, sworn to or affirmed under the penalties of perjury, that must state:

      (1)   the particulars of the alleged violation;

      (2)   the name and address of the person alleged to have committed the violation; and

      (3)   any other information required by law or regulation.

   (b)   Commissioner initiated complaints. Any commissioner or the Commission may initiate a complaint in the commissioner's or Commission's name in the manner provided in subsection (a).

   (c)   Testing and corroboration. After a complaint is filed, the director promptly must provide a copy or synopsis of the complaint to the respondent. If the director decides to corroborate the complaint by testing, the director must provide the copy or synopsis to the respondent promptly after completion of the testing. The Commission may also initiate or corroborate complaints on the basis of testing carried out by its staff, contractors, or volunteers authorized by the Commission or the director, or their designees.

   (d)   Limitations; filing with other agencies. Any complaint must be filed with the director or the Commission within one year after the alleged discriminatory act or practice. If those acts or practices are continuing in nature, the complaint must be filed within one year after the most recent act or practice. Filing with any federal or state agency charged with civil rights enforcement constitutes a filing under this article.

   (e)    Investigation.

      (1)   After receiving a complaint, the director must investigate as necessary to ascertain appropriate facts and issues. The director may:

         (A)   issue subpoenas to compel the attendance of witnesses, the production of documents, and other evidence relevant and necessary to investigate the complaint;

         (B)   conduct discovery, including interrogatories and depositions; and

         (C)   require both the complainant and respondent to attend a fact-finding conference and, if either party fails to attend, dismiss the complaint, impose a default judgment, or order other appropriate sanctions against the absent party.

      (2)   The Commission, director, and staff must not disclose any information gathered during the investigation, including the parties' identities, except that:

         (A)   Any information may be released at any time if the release has been agreed to in writing by both the complainant and the respondent.

         (B)   The identity of the complainant may be disclosed to the respondent at any time.

         (C)   If the director certifies a complaint to the Commission, any information may be released unless the case review board grants a private hearing before the board or a hearing examiner.

         (D)   After the director certifies a case to the Commission, documents or materials gathered during the investigation must be available to the parties, except that any investigatory materials that the Commission, case review board, hearing examiner, or director determines are privileged or confidential and would not be used at a hearing must not be released to any party.

   (f)   Initial determination, dismissal before hearing.

      (1)   The Director must determine, based on the investigation, whether reasonable grounds exist to believe that a violation of this Article or Articles X, XI, XII, XIII, or XV occurred and promptly send the determination to the complainant and the respondent.

      (2)   If the Director determines that there are no reasonable grounds to believe a violation occurred, and the complainant appeals the determination to the Commission within 30 days after the Director sends the determination to the complainant, the Director promptly must certify the complaint to the Commission. The Commission must appoint a case review board to consider the appeal. The board may hear oral argument and must:

         (A)   dismiss the complaint without a hearing;

         (B)   order the Director to investigate further; or

         (C)   set the matter for a hearing by a hearing examiner or the board itself, and consider and decide the complaint in the same manner as if the Director had found reasonable grounds to believe that a violation of this Article or Articles X, XI, XII, XIII, or XV occurred.

      (3)   If the Director determines that there are reasonable grounds to believe a violation occurred, the Director must attempt to conciliate the matter under subsection (g).

   (g)    Conciliation.

      (1)   A conciliation conference is informal and nothing said or done during a conciliation conference is admissible in any subsequent hearing under this article. The Commission or the director may disclose something said or done during a conciliation conference only if the parties agree in writing.

      (2)   The terms of a conciliation agreement must be reduced to writing and approved by the Commission. An approved conciliation agreement is an "informal disposition" under Section 2A-10(g), is binding on the parties, has the force and effect of a contract, and is enforceable as a contract. The Commission may enforce the agreement as an order of the Commission.

      (3)   A conciliation agreement that requires confidentiality and is otherwise acceptable to the Commission:

         (A)   may be approved by the Commission, at its discretion, to resolve a complaint regarding discrimination in a place of public accommodation;

         (B)   must not be approved unless the Commission finds that disclosure would not further the purposes of this article or State or federal laws prohibiting discrimination in real estate;

         (C)   should be approved by the Commission to resolve a complaint regarding employment discrimination.

      (4)   If conciliation has not occurred within 90 days after the director found reasonable grounds to believe a violation occurred, or the director decides at any time that conciliation would be fruitless, the director promptly must certify the complaint to the Commission, which must appoint a case review board to consider and decide the complaint. The director may extend the conciliation deadline by mutual consent of the complainant and respondent.

   (h)    Hearings. The hearing must be conducted by the Commission case review board or a hearing examiner according to Sections 2A-1 to 2A-11, this Chapter, and Commission rules. If a hearing is granted, the Commission or the director may ask the County Attorney to intervene on behalf of the County to enforce this Chapter. The County may recover its costs, including reasonable attorney's fees, if it substantially prevails.

   (i)    Decision and order.

      (1)   The case review board must issue a final decision on a complaint according to Section 2A-10, this Chapter, and Commission rules.

      (2)   If any party, after proper notice, does not appear at a scheduled hearing, a hearing examiner may recommend and the board may order any relief to another party that the facts on record warrant.

      (3)   The board may award costs, including reasonable attorney's fees, to any party if another party filed or maintained a frivolous complaint, or filed or maintained a complaint not in good faith.

      (4)   The board must apply relevant federal, State, County, and case law to the facts. The board may order payment of damages and any other relief that the law and facts allow and warrant. The board's decision is binding on the parties, subject to appeal to the courts under subsection (k).

      (5)   If a hearing examiner conducts the hearing, the hearing examiner must forward a recommended decision and order to the board. The board may hear additional oral argument and must adopt, reverse, modify, or remand the recommended decision before issuing the board's final decision and order.

   (j)   Notification to other agencies. If a case review board determines that a person has violated this article, the director may refer the decision to any State or County agency or authority that:

      (1)   issued a license or franchise to the person; or

      (2)   does business under contract with the person.

   (k)    Appeal. Any party aggrieved by a case review board’s final decision may seek full appellate review under Section 2A-11. A decision by a case review board under subsection (f)(2)(A) to uphold the Director’s finding that there are no reasonable grounds to believe a violation occurred is not subject to appellate review.

   (l)    Enforcement of orders and subpoenas. The Commission, a case review board, or a hearing examiner may direct, and the director may ask, the County Attorney to enforce by any appropriate legal action a subpoena or other order issued by the director, hearing examiner, board, or Commission. The County or any party seeking to enforce an order or subpoena may recover costs and reasonable attorney's fees if the County or party substantially prevails.

   (m)   Interim relief. At any time after a complaint has been filed, the Commission, a case review board, or a hearing examiner may direct, and the director may ask, the County Attorney to seek any appropriate legal relief, such as a temporary restraining order or a preliminary injunction, to preserve the status quo or prevent irreparable harm. (Mont. Co. Code 1965, § 77-7; 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; 1979 L.M.C., ch. 17, §§ 3, 4; 1983 L.M.C., ch. 22, § 32; 1984 L.M.C., ch. 26, § 6; 1986 L.M.C., ch. 39, § 2; 1997 L.M.C., ch. 39, §1; 2001 L.M.C., ch. 9, § 1; 2007 L.M.C, ch. 5, § 1; 2012 L.M.C., ch. 18, § 1; 2013 L.M.C., ch. 34, § 1; 2014 L.M.C., ch. 36, § 1; 2015 L.M.C., ch. 29, §1; 2019 L.M.C., ch. 25, §1.)

   Editor’s note—Section 27-7 is cited in Montgomery County v. Glenmont Hills Associates, Privacy World at Glenmont Metro Centre, 402 Md. 250, 936 A.2d 325 (2007). Section 27-7(g) is cited in Haas v. Lockheed Martin Corp., 396 Md. 469, 914 A.2d 735 (2007). 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), 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 27-7 is cited in Glenmont Hill Associates v. Montgomery County, Maryland, 291 F. Supp.2d 394 (D. Md. 2003). The above section is interpreted 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 in American Red Cross v. Epperly, 351 Md. 216, 717 A.2d. 938 (1998). In Holiday Spas v. Montgomery County Human Relations Comm’n., et al., 315 Md. 390, 554 A.2d 1197 (1989), the court held that the Human Relations Commission may have failed to comply with the requirements of § 27-7(f) by finding liability on the part of a health club for sex discrimination but deferring a determination of damages. The case was remanded to the Circuit Court for a resolution of this issue. The court also held that an administrative agency order which found liability and directed remedial action was “final” for the purpose of permitting judicial review under § 27-7(g) even though the issue of damages had been deferred. The above section was 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 3/24/10 regarding housing discrimination based on marital status and the laws restricting the occupancy of a dwelling unit to a maximum number of people. See County Attorney Opinion dated 12/21/00 indicating that the Human Relations Commission cannot award attorney’s fees to a complainant until the panel holds a hearing on the complaint and makes a finding that the respondent violated Chapter 27. See County Attorney Opinion dated 6/12/00 analyzing when and what information the Human Relations Commission may disclose based on its investigations.

   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.

   Former Section 27-7A, relating to disclosure of sexual orientation, derived from 1984 L.M.C., ch. 26, § 7, was repealed by 2001 L.M.C., ch. 9, § 1.

   Former Section 27-7B, relating to marital status, derived from 1984 L.M.C., ch. 26, § 7A, was repealed by 2001 L.M.C., ch. 9, § 1.