Statutes Text
Article - State Government
§20–606.
(a) An employer may not:
(1) fail or refuse to hire, discharge, or otherwise discriminate against any individual with respect to the individual’s compensation, terms, conditions, or privileges of employment because of:
(i) the individual’s race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, genetic information, military status, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; or
(ii) the individual’s refusal to submit to a genetic test or make available the results of a genetic test;
(2) limit, segregate, or classify its employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual’s status as an employee because of:
(i) the individual’s race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, genetic information, military status, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; or
(ii) the individual’s refusal to submit to a genetic test or make available the results of a genetic test;
(3) request or require genetic tests or genetic information as a condition of hiring or determining benefits;
(4) fail or refuse to make a reasonable accommodation for the known disability of an otherwise qualified employee or an applicant for employment; or
(5) engage in harassment of an employee.
(b) An employment agency may not:
(1) fail or refuse to refer for employment or otherwise discriminate against any individual because of the individual’s race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, military status, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; or
(2) classify or refer for employment any individual on the basis of the individual’s race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, military status, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment.
(c) A labor organization may not:
(1) exclude or expel from its membership, or otherwise discriminate against, any individual because of the individual’s race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, military status, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment;
(2) limit, segregate, or classify its membership, or classify or fail or refuse to refer for employment any individual, in any way that would deprive or tend to deprive the individual of employment opportunities, limit the individual’s employment opportunities, or otherwise adversely affect the individual’s status as an employee or as an applicant for employment because of the individual’s race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, military status, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; or
(3) cause or attempt to cause an employer to discriminate against an individual in violation of this section.
(d) An employer, labor organization, or joint labor–management committee controlling apprenticeship or other training or retraining programs, including on–the–job training programs, may not discriminate against any individual in admission to, or employment in, any program established to provide apprenticeship or other training or retraining because of the individual’s race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, military status, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment.
(e) (1) Except as provided in paragraph (2) of this subsection, an employer, labor organization, or employment agency may not print or cause to be printed or published any notice or advertisement relating to employment by the employer, membership in or any classification or referral for employment by the labor organization, or any classification or referral for employment by the employment agency that indicates any preference, limitation, specification, or discrimination based on race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, disability, or military status.
(2) A notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, age, national origin, marital status, disability, or military status if religion, sex, age, national origin, marital status, disability, or military status is a bona fide occupational qualification for employment.
(f) An employer may not discriminate or retaliate against any of its employees or applicants for employment, an employment agency may not discriminate against any individual, and a labor organization may not discriminate or retaliate against any member or applicant for membership because the individual has:
(1) opposed any practice prohibited by this subtitle; or
(2) made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subtitle.
(g) (1) In this subsection, “written certification” has the meaning stated in § 36–101 of the Alcoholic Beverages and Cannabis Article.
(2) Subject to paragraph (3) of this subsection, on the basis of a fire and rescue public safety employee’s possession of a valid written certification, or on the basis of a fire and rescue public safety employee testing positive for cannabis components or metabolites while holding a valid written certification, an employer may not:
(i) discipline, discharge, or otherwise discriminate against the fire and rescue public safety employee with respect to the employee’s compensation, terms, conditions, or privileges of employment; or
(ii) limit, segregate, or classify its employees in any way that would deprive or tend to deprive the fire and rescue public safety employee of employment opportunities or otherwise adversely affect the fire and rescue public safety employee’s status as an employee.
(3) Nothing in this subsection:
(i) requires an employer to commit an act that would:
1. violate federal law or regulations; or
2. cause the employer to lose a monetary or licensing–related benefit under federal law or regulations; or
(ii) prohibits an employer from:
1. adopting policies and procedures that prohibit a fire and rescue public safety employee from performing the employee’s duties while impaired by cannabis; or
2. prohibiting a fire and rescue public safety employee from using cannabis while on duty.
(4) If a fire and rescue public safety employee reports for work while impaired by cannabis, the employer shall report the incident to the State Emergency Medical Services Board.
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