In this subtitle, the following terms have the meanings indicated. “Community Relations Commission” or “Commission” means the Baltimore Community Relations Commission established by City Code <cite data-path="|4">Article 4 {“Community Relations”}</cite>, Subtitle 2 {“Community Relations Commission”}. “Employee” means, except as otherwise provided in this subsection, any individual who works in Baltimore City for an employer. “Employee” does not include:an individual engaged in the activities of an educational, charitable, religious, or other nonprofit organization where the services rendered to that organization are on a voluntary basis or in return for charitable aid conferred on the individual; an individual who is employed by his or her parent, spouse, or child; or an individual who is employed as a domestic within a private residence. “Employer” means, except as otherwise provided in this subsection, any person who employs 2 or more full-time equivalent employees working in the City of Baltimore. “Employer” does not include the federal government, the State government, or any instrumentality or unit of either. “Lactation accommodation” means both lactation break and lactation location. “Lactation break” means the break time that an employer is required by this subtitle to provide an employee for purposes of expressing breast milk. “Lactation location” means the space, room, or location that an employer is required by this subtitle to provide an employee for purposes of expressing breast milk. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person” also includes, except as used in <cite data-path="|11|§16-30">§ 16-30 {“Criminal penalties”} of this subtitle</cite>, any department, board, commission, council, authority, committee, office, or other unit of City government. Ord. 18-213 Ord. 22-125

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Community Relations Commission must adopt rules and regulations to carry out this subtitle. Ord. 18-213 Text Conformed 02/18/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

An employer must provide a reasonable amount of break time to accommodate an employee who desires to express breast milk. If possible, the break time required by this section must run concurrently with any paid rest or break time already required by law or otherwise authorized for the employee. Break time required by this section that does not run concurrently with paid rest or break time required by law or otherwise authorized for the employee may be unpaid. Ord. 18-213

In this section, “close proximity to the employee’s work area” means no more than 500 feet and two adjacent floors from the furthest employee work area being served. An employer must provide a lactation location, other than a bathroom or a closet, that:is in close proximity to the employee’s work area; and shields its occupants from view and from intrusion by coworkers or others. The lactation location may include the place where the employee normally works if it otherwise meets the requirements of this Part 2. The lactation location must:be safe, clean, and free of toxic or hazardous materials; limit access to it by a door that can be locked from the inside; and contain:a surface (e.g., a table or shelf) on which to place a breast pump and other personal items; a place to sit; at least one electrical outlet; and unless elsewhere provided by the employer in close proximity to the employee’s work area:a sink with running hot and cold water; and a refrigerator in which the employee can store breast milk. Ord. 18-213

An employer may provide a lactation location that is also used for other purposes, but only as long as: throughout the period of any employee’s need to express milk, the primary function of the location is its use as a lactation location; during that period, the location’s use for lactation takes precedence over all other functions and uses; and the employer provides notice to all employees who might otherwise need to use that location for other purposes, that:the location’s primary function is its use as a “Lactation Location”; and this primary function takes precedence over all other functions and uses. Ord. 18-213

If an employer’s workspace is inadequate to satisfy the requirements of this Part 2 and other employers are located in the same building, the employer may fulfill the requirements of this Part 2 by providing a lactation location that: is shared by 2 or more employers in the building; complies with § 16-11 {“Lactation location – In general”} and <cite data-path="|11|§16-12">§ 16-12 {“Lactation location – Multi-purpose locations”} of this Part 2</cite>; and is sufficient to accommodate the number of employees who might desire to use it at any given time. Ord. 18-213

In accordance with the rules and regulations adopted under <cite data-path="|11|§16-4">§ 16-4 {“Rules and regulations”} of this subtitle</cite>, an employer may apply to the Community Relations Commission for a waiver or variance of any requirement of this Part 2 that the employer can demonstrate would impose an undue hardship by causing significant expense or operational difficulty when considered in relation to the size, financial resources, nature, or structure of the employer’s business. An employer may apply to the Community Relations Commission to designate a space within a room as a temporary lactation location, in place of a permanent lactation location, or a room that is a multipurpose lactation location if an employer can demonstrate that a permanent lactation location or a room that is a multipurpose lactation location would impose an undue hardship by causing significant expense or operational difficulty for the employer. A temporary lactation location could be created using screening or curtains. The means by which the temporary lactation location is created (e.g., the curtain), and the items contained therein (e.g., the chair, table or shelf, etc.) should not be modified during the duration of an employee’s need to express milk. While an employee expresses milk, the lactation location should be free from intrusion by other persons by means of a latch or other closure mechanism. The temporary lactation space should have signage visible to other employees designating the area as a lactation location for the duration of an employee’s need to express milk. The employer should provide notice to employees of the existence and purpose of the temporary lactation location and that it should not be disturbed. The Commission’s rules and regulations must include:the criteria for establishing an undue hardship as described in subsection (a) of this section; the procedures, forms, and documentation required to apply for the waiver or variance; and the procedures for the Commission’s hearing on and consideration of the application. Ord. 18-213

Each employer subject to this subtitle must develop and implement a written lactation accommodation policy. The written policy must:contain a statement that employees have a legal right to request a lactation accommodation; include the employer’s process for requesting a lactation accommodation, which process must, at a minimum:specify the means by which an employee must submit the request to the employer; require the employer to respond to the request within 5 business days; and require the employer and employee to engage in an interactive process to determine lactation break periods and a lactation location appropriate for the employee; state that, whenever the employer does not provide lactation breaks or a lactation location, or provides a lactation location that does not fully comply with Part 2 of this subtitle, or asserts any waiver or variance granted under <cite data-path="|11|§16-14">§ 16-14 {“Waiver or variance for undue hardship”} of this subtitle</cite>, the employer will be required to describe, in a written response to the request, the specific bases on which the employer has done so; state that any employee aggrieved by an alleged violation of this subtitle may file a complaint with the Baltimore Community Relations Commission; and state that retaliation against an employee for exercising the rights conferred by this subtitle is prohibited. The employer must retain, in accordance with <cite data-path="|11|§16-21">§ 16-21 {“Employer records”} of this subtitle</cite>, a copy of all written responses made under the policy required by subsection (b)(3) of this section. The employer must distribute a copy of the employer’s lactation accommodation policy to all employees:upon their hiring; and again, within 10 calendar days of any modification to the policy. The employer must also offer a copy of the lactation accommodation policy to any employee who requests or inquires about pregnancy or parental leave. If the employer has an employee handbook or set of policies that is available to employees, the lactation accommodation policy must be included in that handbook or set of policies. Ord. 18-213

Each employer subject to this subtitle must maintain a record of all requests for a lactation accommodation received by the employer. The record must include the following documentation:the name of the employee; the date of the initial request and of any update to the initial request; a copy of all written or digital correspondence by or on behalf of the employee and employer; and a description of how the employer resolved the request. The employer must:retain the record and documentation required by this section for a period of 3 years from the date of the request for lactation accommodation; and allow the Community Relations Commission access to that record, subject to reasonable notice, to monitor compliance with the requirements of this subtitle. In any matter involving an alleged violation of this subtitle, if the employer has failed to maintain or retain the record and documentation required by this section, or does not allow the Commission reasonable access to them, it will be presumed that the employer has violated this subtitle, absent clear and convincing evidence otherwise. Ord. 18-213

Any person aggrieved by an alleged violation of this subtitle may file a complaint with the Baltimore Community Relations Commission. The complaint shall be filed, investigated, and heard in the same manner as that provided in City Code <cite data-path="|4">Article 4 {“Community Relations”}</cite>, Subtitle 4 {“Enforcement”}, for alleged violations of that article’s unlawful discriminatory employment practices. Ord. 18-213

A party aggrieved by a final decision of the Community Relations Commission under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. Ord. 18-213 Ord. 19-332

No employer or other person may take or refuse to take a personnel action or otherwise retaliate or discriminate against any person as a reprisal for that person’s having alleged a violation of this subtitle or otherwise having exercised a right granted by this subtitle. Ord. 18-213

Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. Ord. 18-213