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(a) Every employer, employment agency, and labor organization must keep posted in conspicuous places on its premises, where notices to employees, applicants for employment, and membership are customarily posted, a notice in the form and language approved by the Commission, summarizing the pertinent provisions of this division and how to file a complaint.
(b) Every employer, employment agency and labor organization, subject both to this division and to title VII of the Civil Rights Act of 1964, must furnish to the Commission all reports that are required by the Equal Employment Opportunity Commission established under the Civil Rights Act of 1964.
(c) Every employer, employment agency and labor organization subject to this division must preserve all regularly kept personnel or employment records (including application forms submitted by applicants and other records having to do with hiring, promotion, demotion, transfer, layoff or termination rates of pay or other terms of compensation and selection for training or apprenticeship) for the term of the employee's employment and a period of 6 months following termination of employment. Where a charge of discrimination has been filed against an employer, employment agency or labor organization under this division, the respondent must preserve all personnel records, including employment applications, relevant to the charge or action until final disposition of the charge or action. (1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 30, § 11; 2001 L.M.C., ch. 9, § 1.)
Editor’s note—Sections 27-8, 27-9, 27-19, and 27-20 are cited, and Sections 27-8 and 27-9 are quoted in Edgewood Management Corp. v. Jackson, 212 Md. App. 177, 66 A.3d 1152, cert. denied, 434 Md. 313, 75 A.3d 318 (2013). The Court interpreted Section 27-8 as governing the penalties and relief that may be awarded by a case review board after an administrative finding of a discriminatory act under the Montgomery County Code.
Section 27-20 is cited and quoted in Washington Suburban Sanitary Commission v. Phillips, 413 Md, 606, 994 A.2d 411 (2010). Section 27-20 is cited in Edwards Systems Technology v. Corbin, 841 A.2d 845, 2004 Md. LEXIS 31 (2004); in H. P. White Laboratory, Inc. v. Blackburn, 372 Md. 160, 812 A.2d 305 (2002); and in Pope-Payton v. Realty Management Services, Inc., 149 Md. App. 393, 815 A.2d 919 (2003). The above section is described 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).
Section 27-20, formerly § 27-22, was renumbered and amended pursuant to 2001 L.M.C., ch. 9, § 1.
Former Section 27-20, relating to rights of complainant; civil action by county attorney, derived from 1968 L.M.C., Ex. Sess., ch. 19, § 1; 1972 L.M.C., ch. 23, § 6; 1977 L.M.C., ch. 30, §§ 7, 11, was repealed by 2001 L.M.C., ch. 9, § 1.
In connection with any investigation of a complaint filed under this division, the executive director or the director's designee may:
(a) request the reports and relevant records of any person being investigated or proceeded against that:
(1) may relate to employment practices prohibited by this division; and
(2) are relevant to matters raised in the complaint or similar matters; and
(b) interview any persons necessary in carrying out the purposes of this division. (1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 30, § 11; 1984 L.M.C., ch. 26, § 16; 2001 L.M.C., ch. 9, § 1.)
Editor’s note—Section 27-21 is cited and quoted in Washington Suburban Sanitary Commission v. Phillips, 413 Md, 606, 994 A.2d 411 (2010). 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).
Section 27-21, formerly § 27-23, was renumbered, amended and retitled pursuant to 2001 L.M.C., ch. 9, § 1.
Former Section 27-21, relating to procedure for complaints against county, derived from 1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 30, § 11, 1979 L.M.C., ch. 24, § 3; 1982 L.M.C., ch. 40, § 1, was repealed by 2001 L.M.C., ch. 9, § 1.
DIVISION 4. DISCRIMINATION THROUGH INTIMIDATION*
*Editor's note—1990 L.M.C., ch. 5, § 1, changed the title of this division from "Racial and Religious Intimidation" to "Intimidation." 2001 L.M.C., ch. 9, § 1, changed the title of this division from "Intimidation" to "Discrimination through Intimidation."
A person must not: willfully and maliciously destroy, injure, or deface another person's real or personal property, or willfully and maliciously injure another person, with the intent to intimidate or attempt to intimidate any person because of race, religion, national origin, disability, sexual orientation, or gender identity. (1983 L.M.C., ch. 26, § 1; 1990 L.M.C., ch. 5, § 1; 1990 L.M.C., ch. 31, § 1; 2001 L.M.C, ch. 9, § 1; 2007 L.M.C., ch. 18, § 1.)
Editor’s note—Section 27-1 is cited in Doe v. Montgomery County Board of Elections, 406 Md. 697, 962 A.2d 342 (2008) and in Conaway v. Deane, 401 Md. 219, 932 A.2d 571 (2007).
See County Attorney Opinion dated 2/1/10 regarding County law that proscribes fighting words and true threats that intimidate, as long as the law does not rely on the content of the statements.
Section 27-22, formerly § 27-26A, was renumbered, amended and retitled pursuant to 2001 L.M.C., ch. 9, § 1.
(a) If a child under 18 years old commits an act prohibited by Section 27-22, the child's parent or legal guardian, other than a foster parent or public agency, may be held liable for all damages arising out of a single incident. Liability must not exceed $5,000, including any civil penalty. A parent may not be held liable under this Section unless first afforded a reasonable opportunity to be heard and to present relevant evidence. A parent who cannot, or because of extenuating circumstances should not, pay may be excused from liability under this Section.
(b) Liability under subsection (a) may be imposed directly on the child, depending on the child's age and circumstances. A child's liability under this subsection supercedes the parent's liability. (1983 L.M.C., ch. 26, § 1; 2001 L.M.C., ch. 9, § 1.)
(a) The County Executive may, by regulation under method (3), allow any civil penalty and damages payable to the County under this division by a child or an adult to be paid in kind by performing alternative community service.
(b) Any funds received by the County as restitution under this division must be deposited to the anti-hate/violence fund created in Section 35-13A, or, if the anti-hate/violence fund no longer exists, into the general fund. (1983 L.M.C., ch. 26, § 1; 1984 L.M.C., ch. 24, § 30; 2001 L.M.C., ch. 9, § 1.)
Editor's note—Section 27-24, formerly § 27-26D, was renumbered and amended pursuant to 2001 L.M.C., ch. 9, § 1.
Former Section 27-24, relating to action against licensee, etc., found in violation of division, under division 3, discrimination in employment, derived from 1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 30, § 11, was repealed by 2001 L.M.C., ch. 9, § 1.
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