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As used in this Article:
Building maintenance worker means an individual employed at a covered location performing janitorial services. A building maintenance worker does not include:
(1) a managerial or confidential employee;
(2) an employee who works in an executive, administrative, or professional capacity;
(3) an employee who earns more than twice the wage requirement established under Section 11B-33A; or
(4) an employee who temporarily replaces a building maintenance worker who is absent for less than one week.
Covered employer means any person, individual, proprietorship, partnership, joint venture, corporation, Limited Liability Company, trust, association, or other entity operating and doing business in the County that employs one or more persons as a building maintenance worker at a covered location in the County. Covered employer includes the County government, but does not include the United States, any State, or any other local government.
Covered leave means paid or unpaid leave voluntarily used by a building maintenance worker as authorized by Federal, State, or County law, a collective bargaining agreement, or a written employee handbook.
Covered location means an office building or contiguous group of office buildings under common ownership or management occupying a total of 350,000 square feet or more in the County with an occupancy rate of 50% or more. Covered location does not include:
(1) an office building or group of office buildings owned by the United States, any State, or any local government; or
(2) a building used primarily for apartment or condominium dwelling units, retail stores, hospitals, schools, warehouses, parking garages, or data centers.
Director means the Executive Director of the Office of Human Rights and includes the Executive Director’s designee.
Employ means to engage a person to work for compensation.
Minimum work week means the minimum number of compensated hours provided to a building maintenance worker in any work week.
Office means a room, set of rooms, or a building where the business of a commercial or industrial organization or of a professional person is conducted.
Work week means a fixed regularly recurring period of 168 hours or 7 consecutive 24 hour periods. (2019 L.M.C., ch. 25, §1.)
(a) Minimum work week. Except as provided in subsection (b), the minimum work week for each employee working as a building maintenance worker at a covered location for a covered employer must be at least 30 hours unless the employee is taking covered leave.
(b) A covered employer may preserve up to 30% of the total hours scheduled for all building maintenance workers at a covered location for part-time workers with a minimum shift of 4 hours per day and 20 hours per week per covered building maintenance worker.
(c) Complaints. A building maintenance worker who is aggrieved by a violation of this Article may file a complaint with the Director under Section 27-7.
(d) Retaliation prohibited. A person must not:
(1) retaliate against any person for:
(A) lawfully opposing any violation of this Article; or
(B) filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this Article; or
(2) obstruct or prevent enforcement or compliance with this Article. (2019 L.M.C., ch. 25, § 1.)
ARTICLE XVI. EMPLOYEE HEALTH CARE PRIVACY.
(a) Definitions. As used in this section:
Americans with Disabilities Act means the federal Americans with Disabilities Act of 1990, as amended.
Applicant means an individual seeking or applying for employment by an employer.
Business-related health information means health care information that is necessary to evaluate whether an applicant meets a minimum qualification for a position.
Director has the meaning stated in Section 27-6.
Employee has the meaning stated in Section 27-6.
Employer has the meaning stated in Section 27-6.
Health care means any care, treatment, or procedure by a health care provider:
(1) to diagnose, evaluate, rehabilitate, manage, treat, or maintain the physical or mental condition of a patient or recipient; or
(2) that affects the structure or any function of the human body.
Health care information means any individually identifiable information related to health care.
Minimum qualification means a mandatory qualification that:
(1) must be met to perform the required job functions of the position; and
(2) was posted publicly prior to the acceptance of any application for the position.
Sexual and reproductive health information means health care information related to any aspect of reproductive health, including abortion care, miscarriage, contraception, sterilization, pregnancy, sexually transmitted disease, fertility treatment, gender affirming care, and family planning.
(b) Requesting or considering health care information – Limitations. Except as provided in subsection (d), an employer must not:
(1) request or seek health care information regarding an applicant; or
(2) consider health care information as a factor in determining whether to hire an applicant.
(c) Requesting reproductive health information – Prohibited. The employer must not request or consider an applicant’s sexual and reproductive health information.
(d) This Section does not prohibit:
(1) an employer from requesting or seeking business-related health care information;
(2) an employer from considering business-related health care information solely to determine whether an applicant meets a minimum qualification;
(3) an applicant from voluntarily submitting, or an employer from processing, a request for a reasonable accommodation under the Americans with Disabilities Act related to the job application process; or
(4) if the applicant is already employed by the employer, an applicant from disclosing, or the employer from requesting, health care information necessary for:
(A) enrolling in or processing employee benefits;
(B) making or processing workers’ compensation claims;
(C) making or processing leave requests; or
(D) complying with applicable state or federal law.
(e) An applicant aggrieved under this section may file a complaint with the Director under Section 27-7. (2024 L.M.C., ch. 6, §1.)