Chapter 27. Human Rights and Civil Liberties.
Article I. Commission on Human Rights.
Division 1. Discrimination in Public Accommodations.
Montgomery County, Md., Code § 27-10 (2026)
Sec. 27-10. Scope.LinkCopy Citation
(a)
This division applies to every public accommodation of any kind in the County whose facilities, accommodations, services, commodities, or use are offered to or enjoyed by the general public either with or without charge, such as:
(1)
restaurants, soda fountains, and other eating or drinking places, and all places where food is sold for consumption either on or off the premises;
(2)
inns, hotels, and motels, whether serving temporary or permanent patrons;
(3)
retail stores and service establishments;
(4)
hospitals, health care institutions, domiciliary care homes, nursing homes, personal care homes, and clinics;
(5)
motion picture, stage, and other theaters and music, concert, or meeting halls;
(6)
circuses, exhibitions, skating rinks, sports arenas and fields, amusement or recreation parks, picnic grounds, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard and pool rooms, and swimming pools;
(7)
public conveyances, such as automobiles, buses, taxicabs, trolleys, trains, limousines, boats, airplanes, and bicycles;
(8)
utilities, such as water and sewer service, electricity, telephone, and cable television;
(9)
streets, roads, sidewalks, other public rights-of-way, parking lots or garages, marinas, airports, and hangars; and
(10)
places of public assembly and entertainment of every kind.
(b)
In this Chapter, “public accommodation” includes any service, program, or activity offered to or used by the general public.
(c)
Except as provided in Section 27-11B, this division does not apply to accommodations that are distinctly private or personal.
Montgomery County, Md., Code § 27-11 (2026)
Sec. 27-11. Discriminatory practices – in general.LinkCopy Citation
(a)
An owner, lessee, operator, manager, agent, or employee of any place of public accommodation in the County must not, with respect to the accommodation:
(1)
make any distinction with respect to any person based on race, color, sex, marital status, religious creed, ancestry, national origin, disability, sexual orientation, gender expression, HIV status, or gender identity in connection with:
(A)
admission;
(B)
service or sales; or
(C)
price, quality, or use of any facility or service;
(2)
display, circulate or publicize or cause to be displayed, circulated or publicized, directly or indirectly, any notice, communication, or advertisement that states or implies:
(A)
any distinction in the availability of any facility, service, commodity, or activity related to the accommodation that would violate paragraph (1), or
(B)
that the patronage or presence of any person is unwelcome, objectionable, unacceptable, or not desired or solicited on account of any person's race, color, sex, marital status, religious creed, ancestry, national origin, disability, sexual orientation, gender expression, HIV status, or gender identity;
(3)
retaliate against any person because that person:
(A)
lawfully opposed any discriminatory practice under this division; or
(B)
filed a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this division;
(4)
assist in, compel, or coerce any discriminatory practice under this division;
(5)
obstruct or prevent enforcement or compliance with this division; or
(6)
attempt directly or indirectly to commit any discriminatory practice under this division.
(b)
A person must not refuse to make any readily achievable modification that would give a person with a disability equal opportunity to use and enjoy the public accommodation.
Montgomery County, Md., Code § 27-11A (2026)
Sec. 27-11A. Discriminatory practices – specific protections for LGBTQ individuals in care facilities.LinkCopy Citation
(a)
Legislative findings and statement of policy.
(1)
The County has a goal to ensure that every resident can live without fear of discrimination based on sex—including on the basis of gender identity or sexual orientation. To achieve this goal the county will:
(A)
protect LGBTQ community members from discrimination in all public facilities, including health and personal care facilities;
(B)
ensure medical providers respect the gender identity and pronouns of all patients;
(C)
strengthen access to care facilities for sexual minorities and all gender identities; and
(D)
ensure that all public accommodations in Montgomery County adhere to non-discrimination laws.
(2)
The County Council finds that ending and preventing harassment among LGBTQ individuals requires substantial coordination and cooperation among federal, state, and local governments, as well as private sector service providers and community organizations.
(b)
Definitions. In this Section, the following terms have the meanings indicated.
Care facility or facility means a place of public accommodation that provides direct personal care or health care to individuals, such as a hospital, clinic, nursing home, domiciliary care home, or personal care home.
Harass includes requiring an individual to show identity documents to gain entrance to a restroom available to other individuals of the same gender identity.
(c)
Discriminatory practices prohibited under Section 27-11 include when an owner, lessee, operator, manager, agent, or employee of any care facility in the County, based on an individual’s sexual orientation, gender identity, gender expression, or HIV status:
(1)
denies admission to a facility, transfers or refuses to transfer the individual within a facility or to another facility, or discharges or evicts an individual from a facility;
(2)
denies a request by individuals to share a room in a facility;
(3)
if rooms are assigned by gender, assigns, reassigns, or refuses to assign a room to a transgender individual other than in accordance with the individual’s gender identity, unless at the individual’s request;
(4)
prohibits an individual from using, or harasses an individual who seeks to use or does use, a restroom available to other individuals of the same gender identity, regardless of whether the individual is making a gender transition or appears to be gender-nonconforming;
(5)
willfully and repeatedly uses an individual’s incorrect name or pronouns after being clearly informed of the correct name or pronouns;
(6)
denies an individual the right to wear or be dressed in clothing, accessories, or cosmetics that are allowed for any other individual;
(7)
restricts an individual’s right to associate with other individuals, including the right to consensual sexual relations, unless the restriction uniformly applies to all individuals in a nondiscriminatory manner;
(8)
denies or restricts medical or nonmedical care; or
(9)
provides medical or nonmedical care in a manner that, to a similarly situated reasonable individual, unduly demeans the individual’s dignity or causes avoidable discomfort.
(d)
Notice requirements. A facility must post prominently, and must include with any materials that describe the facility’s nondiscrimination policies, a notice that:
(1)
meets the requirements of subsection (e); and
(2)
is in a form prescribed by the Director.
(e)
The notice required under subsection (d) must include:
(1)
a statement that the law prohibits discrimination, including bullying, abuse, or harassment, on the basis of:
(A)
actual or perceived sexual orientation, gender identity, gender expression, or HIV status; or
(B)
an association with another individual on account of that individual’s actual or perceived sexual orientation, gender identity, gender expression, or HIV status; and
(2)
information about filing a complaint with the Commission on Human Rights.
Montgomery County, Md., Code § 27-11B (2026)
Sec. 27-11B. Gender-Inclusive Single-User Restrooms.LinkCopy Citation
(a)
Definitions. In this Section, the following terms have the meanings indicated:
Gender-inclusive signage means a sign or display identifying a restroom that does not indicate a specific gender or contains descriptive language, such as “restroom”, “bathroom”, or “toilet”, or a picture or icon indicating the restroom’s availability for use by any individual regardless of gender or gender identity. A gender-inclusive signage may include a picture or icon of a toilet.
Place of public accommodation has the meaning stated in Section 27-10.
Public single-user restroom means a single-occupancy restroom for public use with at least one toilet and an entry door that can be locked from the inside by the occupant. A public single-user restroom does not include a private restroom in a residence, hospital, inn, hotel, motel, or restrooms that are only accessible from a private room or office.
(b)
Gender-inclusive public single-user restroom – required. A public single-user restroom, existing or newly built, in a place of public accommodation or County-owned building, must be:
(1)
made available for use by individuals of any gender; and
(2)
identified with gender-inclusive signage.
(c)
Enforcement and Penalties.
(1)
Who may enforce. The following have the authority to enforce this Section:
(A)
The Department of Permitting Services;
(B)
The Department of Health and Human Services; and
(C)
any other agency designated by the Chief Administrative Officer.
(2)
A person authorized to enforce this Section must not issue a citation unless the violation still exists 30 days after an initial notice of violation.
(3)
A violation of this Section is a Class A violation.
Division 2. Discrimination in Real Estate.
Subdivision A. Discrimination in Housing
Montgomery County, Md., Code § 27-12 (2026)
Sec. 27-12. Discriminatory housing practices.LinkCopy Citation
(a)
A person must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age:
(1)
refuse, or refuse to negotiate, to sell, broker, appraise, lease, sublease, rent, assign, or otherwise transfer the title, leasehold, or other interest in any housing;
(2)
represent that housing is not available for inspection, sale, lease, sublease, rental, assignment, or other transfer when it is available;
(3)
otherwise deny or withhold any housing from any person;
(4)
include in the terms, conditions, or privileges of any sale, lease, sublease, rental, assignment, or other transfer of any housing, any clause, condition, or restriction discriminating against any person in the use or occupancy of that housing; or
(5)
discriminate in the furnishing of any facilities, repairs, improvements, or services, or in the terms, conditions, privileges, or tenure of occupancy of any person.
*(b) A person must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age, discriminate in:
(1)
lending or brokering money;
(2)
guaranteeing, servicing, or purchasing loans;
(3)
accepting a deed of trust or mortgage;
(4)
making available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair, or maintenance of any housing;
(5)
fixing the rates, terms, conditions, or provisions of any financial assistance; or
(6)
extending any other service in connection with housing finance.
(b)
A lending institution must not because of race, color, religious creed, ancestry, national origin, sex marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, or age, discriminate in:
(1)
lending money;
(2)
guaranteeing loans;
(3)
accepting a deed of trust or mortgage;
(4)
making available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair, or maintenance of any housing;
(5)
fixing the rates, terms, conditions, or provisions of any financial assistance; or
(6)
extending any other service in connection with housing finance.
*(c) Without limiting the general application of Subsection (b), a person must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age:
(1)
Engage in steering, which means:
(A)
restricting or attempting to restrict a person’s choices because of factors other than a person’s income or credit level in connection with seeking, negotiating, buying, or renting a dwelling, including seeking a mortgage loan for a dwelling;
(B)
discouraging a person from a particular mortgage loan with more favorable terms if the person may qualify for that particular mortgage loan;
(C)
directing a person away from a housing or mortgage loan product, program, or service with more favorable terms if the person may qualify for that particular product, program, or service; or
(D)
offering less favorable mortgage loan terms than would otherwise be offered;
(2)
Make available a mortgage loan which:
(A)
includes the financing of single premium credit life insurance;
(B)
provides for excessive upfront points, excessive fees, or excessive prepayment penalties; or
(C)
provides compensation paid directly or indirectly to a person from any source.
(d)
(1)
A person must not:
(A)
publish or circulate, or cause to be published or circulated, any housing notice, statement, listing, or advertisement;
(B)
announce a policy, or use any form of application for the purchase, lease, rental, or financing of any housing; or
(C)
make any record or formal business inquiry in connection with the prospective purchase, lease, rental, or financing of any housing;
indicating that race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age could influence or affect any act described in subsections (a), (b), and (c).*
(2)
This subsection does not prohibit:
(A)
use of a logo or other means of advertising that housing is suitable or adapted to use by persons with a disability; or
(B)
keeping records or making reports required by federal, State, or County law.
(e)
A person must not:
(1)
assist in, compel, or coerce any discriminatory practice under this subdivision,
(2)
obstruct or prevent enforcement or compliance with this subdivision, or
(3)
attempt directly or indirectly to commit any discriminatory practice under this subdivision.
(f)
A person must not:
(1)
directly or indirectly induce or attempt to induce any person to transfer an interest in any housing by representations regarding the existing or potential proximity of real property owned, used, or occupied by any person of any particular race, sex, color, religious creed, ancestry, national origin, disability, source of income, sexual orientation, gender identity, age, the presence of children, or family responsibilities.
(2)
promote, induce, influence, or attempt to promote, induce, or influence by the use of postal cards, letters, circulars, telephone, visitation, or any other means, directly or indirectly, a property owner, occupant, or tenant to list for sale, sell, remove from, lease, assign, transfer, or otherwise dispose of any housing having the effect of inciting neighborhood unrest or community tension in any street, block, neighborhood, or any other area by referring to the race, sex, color, religious creed, ancestry, national origin, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age of actual or anticipated neighbors, tenants, or other prospective buyers or occupants of any housing.
(3)
make or cause another person to make a statement or in any other manner attempt to incite neighborhood unrest or community tension in any street, block, neighborhood, or any other area to obtain a listing of any housing for sale, rental, assignment, transfer, or other disposition by referring to the race, sex, color, religious creed, ancestry, national origin, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age of actual or anticipated neighbors, tenants, or other prospective buyers or occupants of any housing where the statement is false or materially misleading or where there is insufficient basis to judge its truth or falsity to warrant making the statement.
(4)
make any representation to any prospective purchaser or lessee that any housing in a particular block, neighborhood, or area may undergo, is undergoing, or has undergone a change with respect to racial, color, religious, nationality, presence of children, family responsibilities, source of income, disability, sex, sexual orientation, gender identity, age, or ethnic composition.
(5)
place a sign or other display either purporting to offer for sale, lease, assignment, transfer, or other disposition, or tending to lead to the belief that a bona fide offer is being made to sell, lease, assign, transfer, or otherwise dispose of any housing that is not in fact available or offered for sale, lease, assignment, transfer, or other disposition.
(6)
induce or attempt to induce the sale or listing for sale of any housing by representing that the presence or anticipated presence of persons of any particular race, sex, color, religious creed, ancestry, national origin, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age in the area will or may result in:
(A)
lower property values;
(B)
increased criminal or antisocial behavior in the area; or
(C)
a decline in quality of the schools serving the area.
(7)
induce or attempt to induce the sale or listing for sale of any housing by representing that the presence or anticipated presence of persons of any particular race, sex, color, religious creed, ancestry, sexual orientation, gender identity, presence of children, family responsibilities, source of income, or national origin in the area will or may result in a change in the racial, color, religious, age, nationality, or ethnic composition of the block, neighborhood, or area where the property is located.
(g)
A person must not retaliate against a person for:
(1)
lawfully opposing any discriminatory practice under this subdivision, or
(2)
filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this subdivision.
(h)
A person, must not because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age deny any other person:
(1)
access to or membership or participation in any multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of buying, selling, or renting housing in the County, or
(2)
discriminate against any person in the terms or conditions of the access, membership, or participation in any multiple-listing service, real estate brokers’ organization, or other service, organization, or facility relating to the business of buying, selling, or renting housing.
(i)
A person must not discriminate against a person with a disability in the sale or rental of housing such as by:
(1)
refusing to allow a person with a disability to make reasonable modifications to existing premises that the person does or would occupy, despite the person’s willingness and ability to pay for the modifications, and reasonably restore any interior modification upon vacating, if the modifications are necessary to provide full enjoyment of the premises; or
(2)
refusing to make reasonable accommodations necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.
Montgomery County, Md., Code § 27-13 (2026)
Sec. 27-13. Posting of notices; reports.LinkCopy Citation
(a)
A notice prepared by the Commission, summarizing this subdivision and explaining how to file a complaint, must be posted in a conspicuous place by:
(1)
each real estate broker, real estate salesperson, real estate appraiser, and lending institution where the terms of a sale, lease, or appraisal of real estate is normally negotiated; and
(2)
each person who operates a multi-unit residential building that contains more than 2 dwelling units where the rental of a dwelling unit is normally negotiated.
(b)
A real estate broker, real estate salesperson, or person who owns or manages a building containing 2 or more rental dwelling units must submit to the Commission whatever reports relating to housing under the person's control that the Commission decides is necessary to carry out this subdivision. A person must not provide false information in a report. The identity of persons and housing contained in reports submitted under this Section must be confidential.
(c)
Every person subject to subsection (b) must prepare and retain for a period of 120 days from the date of submission to them all applications for rental of housing and any other records that Commission regulations require for filing reports under subsection (b).
(d)
A violation of this section is a class A violation. Each month that a violation continues to exist constitutes a separate offense. The Commission is responsible for enforcing this section.
Montgomery County, Md., Code § 27-14 (2026)
Sec. 27-14. Applicability of division.LinkCopy Citation
(a)
This division does not apply to:
(1)
The rental or leasing of a part of a dwelling in which the owner is residing; provided, that the dwelling must continue to be used by the owner thereof as a bona fide residence for the owner and any member of the owner’s family; provided further, that the dwelling does not contain more than two (2) rental or leasing units.
(2)
The rental or leasing of a dwelling by any religious corporation, association, or society to a person of a particular religion whose rental or leasing therein is connected with the carrying on by such corporation, association, or society of its purely religious activities.
(b)
The prohibitions in this division against discriminating on account of age, the presence of children, or family responsibilities do not apply to any:
(1)
Housing for the elderly that is required by federal, state, county, or municipal law to restrict occupancy to individuals of a minimum age and other members of their household over 18 years old;
(2)
Housing whose declaration, bylaws, charter, or other incorporating documents restrict that housing to occupancy by individuals 62 years old or older and other members of their household over 18 years old;
(3)
Retirement community located in a planned retirement community zone as defined in section 59-C-7.4;
(4)
Housing that the Commission finds limited occupancy to adults on or before February 5, 1984; and
(5)
Housing, subsidized in whole or in part by the county, that provides:
(A)
Housing for adults and children who are undergoing a transition in their lives because of a change in their family relationships;
(B)
Child care services;
(C)
Career guidance; and
(D)
Counseling services.
(c)
The provisions of this division do not require a person to:
(1)
Violate or contribute to the violation of laws restricting the occupancy of a dwelling unit to a maximum number of people; or
(2)
Enter into a contract with a person under the age of eighteen (18) years.
(d)
The prohibitions in this division against discriminating because of source of income do not prohibit:
(1)
(A)
a commercially reasonable verification of a source and amount of income, or
(B)
a commercially reasonable evaluation of the stability, security, and creditworthiness of any source of income; or
(2)
(A)
except as provided in Section 27-15A, the eviction of or refusal to rent to any person because of that person or a family member's drug-related criminal activity or violent criminal activity, or
(B)
the refusal to consider income derived from any criminal activity.
Montgomery County, Md., Code § 27-15 (2026)
Sec. 27-15. Licensing and licensing authorities.LinkCopy Citation
(a)
Whenever it appears that the holder of a license or franchise issued by any agency or authority of the state or county is a person found to be after proper hearing in violation of this division, the commission may take such action it deems advisable or desirable, notwithstanding any other action it may take or may have taken under the authority of this division, and may refer to the proper licensing agency or authority the facts and identities of all persons involved in that finding for such action as the agency or authority in its judgment considers appropriate based upon the facts thus disclosed to it.
(b)
Nothing in this division shall be deemed to relieve any agency or authority of the state or county of its obligation to take immediate and independent action regarding a matter filed with it that also may be the subject of a complaint filed with the commission.
(c)
If a complaint is filed against a person licensed by the state real estate commission and the Director finds that reasonable grounds exist to believe the law has been violated, the Director must promptly transmit a copy of the Director’s findings and the complaint to the real estate commission for such action as the commission considers appropriate. The Director must promptly forward to the real estate commission the final disposition of any complaint previously forwarded to the commission.
(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.
Montgomery County, Md., Code § 27-15A (2026)
Sec. 27-15A. Fair criminal history and credit screenings in rental housing.LinkCopy Citation
(a)
Definitions. As used in this Section:
Applicant means a person who applies to lease or rent housing in the County. Applicant includes any person who resides or will reside with a person who applies to lease or rent housing in the County.
Arrest record means information indicating that a person has been apprehended, detained, taken into custody, held for investigation, or otherwise restrained by a law enforcement agency or military authority due to an accusation or suspicion that the person committed a crime.
Conditional offer means an offer of housing conditioned solely on:
(1)
the results of an inquiry into the applicant’s criminal record; or
(2)
another contingency expressly communicated to the applicant at the time of the offer.
Conviction record means information regarding a sentence arising from a verdict or plea of guilty or nolo contendre, including a sentence of incarceration, a fine, a suspended sentence, and a sentence of probation.
Criminal record report means a record of a person’s arrest and conviction history obtained from any source.
Housing provider means any person, individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity offering to sell, rent, or provide housing in the County. Housing provider includes the County government, but does not include the United States, any State, or any other local government. Housing provider does not include a lessor of property under Section 27-14(a) or a lessor of an accessory dwelling unit.
Inquiry or inquire means any direct or indirect conduct intended to gather information, using any mode of communication. Inquiry or inquire does not include a question about an applicant’s conviction record or arrest record when the existence of the record is disclosed by the applicant voluntarily and not in response to a question.
Pending criminal accusation means an existing written accusation that an individual has committed a crime, in the form of an indictment or information under the Criminal Procedure Article of the Maryland Code.
(b)
Transparency of criminal history and credit requirements in rental applications.
(1)
A housing provider must disclose in any rental application:
(A)
the processes the provider uses to inquire into the criminal history and credit history of an applicant; and
(B)
requirements of the provider regarding an applicant’s credit history and criminal record report.
(2)
The housing provider must not alter the processes and requirements under paragraph (1) for an applicant whose application is pending.
(3)
A housing provider must retain for one year from the date of the rental application a copy of each applicant’s completed statement or addendum as required under Section 29-28(h)(2) that details the process under paragraph (1). Upon request, the addendum may be subject to inspection and review by the Director of the Office of Human Rights.
(c)
Criminal records inquiry on application. A housing provider must not require an applicant to disclose on a rental application the existence or details of the applicant’s arrest record or conviction record.
(d)
Preliminary inquiry into criminal record. A housing provider must not, at any time before the extension of a conditional offer to the applicant:
(1)
require the applicant to disclose whether the applicant has an arrest record or conviction record, or otherwise has been accused of a crime;
(2)
conduct a criminal record check regarding the applicant; or
(3)
inquire of the applicant or others about whether the applicant has an arrest record or conviction record or otherwise has been accused of a crime.
(e)
Prohibition against inquiry into certain criminal records. A housing provider must not at any time require an applicant to disclose, conduct a criminal record check solely to determine, or otherwise inquire of the applicant or others, whether:
(1)
the applicant has been arrested for, or has an arrest record for, a matter that did not result in a conviction; or
(2)
the applicant has an arrest record or a conviction record for, or otherwise has been accused of:
(A)
trespass under §§ 6-402 or 6-403 of the Criminal Law Article of the Maryland Code;
(B)
theft as a misdemeanor under § 7-104 of the Criminal Law Article of the Maryland Code;
(C)
a refusal or failure to leave public buildings or grounds under § 6-409 of the Criminal Article of the Maryland Code;
(D)
indecent exposure under § 11-107 of the Criminal Article of the Maryland Code;
(E)
public urination under § 32-17-A of this Code;
(F)
an open container violation under § 10-125 of the Criminal Law Article of the Maryland Code;
(G)
possession of marijuana as a misdemeanor or civil violation under Title 5 of the Criminal Article of the Maryland Code;
(H)
a first conviction of disturbance of the peace or disorderly conduct under § 10-201 of the Criminal Law Article of the Maryland Code;
(I)
a vehicle law violation under the Transportation Article of the Maryland Code;
(J)
except as provided in subsection (g), a conviction of a misdemeanor if at least 2 years have passed since:
(i)
the date of the conviction; and
(ii)
the date that any period of incarceration for the misdemeanor ended; or
(K)
a matter for which records:
(i)
are confidential under § 3-8A-27 of the Courts and Judicial Proceedings Article of the Maryland Code; or
(ii)
have been expunged under §§ 10-101 – 10-110 of the Criminal Procedure Article of the Maryland Code.
(f)
Consideration of Certain Records Prohibited. Except as provided in subsection (g), a housing provider must not base a rental decision upon any item in an arrest record or a conviction record described under subsection (e).
(g)
Consideration of Sex Crimes Permitted. A landlord may:
(1)
inquire into a pending criminal accusation or a conviction record for:
(A)
a crime of a sexual nature under Title 3 of the Criminal Law Article of the Maryland Code; or
(B)
a violation of Sections 11-102, 11-103, 11-104, 11-305, or of Title 11, Subtitle 3, of the Criminal Law Article of the Maryland Code;
(2)
inquire into an applicant’s presence on a sex offender registry; and
(3)
base a rental decision upon a pending criminal accusation or a conviction record under paragraph (1) of this subsection, or upon an applicant’s presence on a sex offender registry.
(h)
Rescission of a conditional offer based on criminal record.
(1)
If a housing provider intends to rescind a conditional offer based on an item or items in the applicant’s criminal record report, before rescinding the conditional offer the provider must:
(A)
provide the applicant with a copy of any criminal record report;
(B)
notify the applicant of the intention to rescind the conditional offer and the items that are the basis for the intention to rescind the conditional offer; and
(C)
delay rescinding the conditional offer for 7 days to permit the applicant to give the housing provider notice of inaccuracy of an item or items on which the intention to rescind the conditional offer is based.
(2)
If a housing provider decides to rescind a conditional offer based upon the criminal record report of an applicant, the provider must notify the applicant of the rescission of the conditional offer in writing.
(i)
Retaliation. A housing provider must not:
(1)
retaliate against any person for:
(A)
lawfully opposing any violation of this Section; or
(B)
filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this Section; or
(2)
obstruct or prevent enforcement or compliance with this Section.
(j)
A person aggrieved by an alleged violation of this Section may file a complaint with the Director of the Officer of Human Rights under Section 27-7.
(k)
The County Executive:
(1)
may adopt Method (2) regulations to implement the provisions of this Section; and
(2)
must endeavor to inform prospective applicants and housing providers of their rights and responsibilities under this Section.
(l)
Exemption. The prohibitions and requirements of this Section do not apply if the inquiries prohibited by this Article are expressly required by an applicable federal or State law or regulation.
(m)
Posting of disclosure notice - required.
(1)
A housing provider must post a disclosure statement regarding an application for rental housing:
(A)
on a website operated and controlled by the housing provider; and
(B)
in an obvious and conspicuous place of a leasing office available for tenants.
(2)
The disclosure statement under this subsection must read: “In accordance with Section 27-15A of the Montgomery County Code, a housing provider may not ask questions related to criminal arrest or a conviction before a conditional offer for rent is made to an applicant unless otherwise permitted by law.”
(n)
Inspection of rental application. Each quarter during a calendar year, the Director must randomly conduct an inspection of completed rental applications submitted by an applicant to a landlord for any licensed rental building that has 10 or more units to ensure compliance with this Chapter. Failure of an owner to provide the dated and signed rental application with its contents for review may be considered a violation of this Chapter.
(o)
Annual reporting. By October 1 of each year, the Director of Office of Human Rights, must coordinate with the Director of Department of Housing and Community Affairs, to provide an annual report to the County Council that includes disaggregated data on the following:
(1)
the number of complaints received by the Office of Human Rights regarding the denial of a rental application by a housing provider;
(2)
the specific reason an application under paragraph (1) was denied;
(3)
the number of complaints filed with the Office of Human Rights for failure to comply with this Section;
(4)
the number of complaints filed under this Section compared to other types of discriminatory complaints received by the Office of Human Rights;
(5)
summary findings of the inspections performed under subsection (n); and
(6)
any other related data pertinent to this Act.
Subdivision B. Discrimination in Commercial Real Estate.
Montgomery County, Md., Code § 27-16 (2026)
Sec. 27-16. Discriminatory practices in commercial real estate.LinkCopy Citation
(a)
A person must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, sexual orientation, gender identity, or age:
(1)
refuse or refuse to negotiate to sell, lease, sublease, rent, assign, or otherwise transfer commercial real estate;
(2)
represent that commercial real estate is not available for inspection, sale, lease, sublease, rental, assignment, or other transfer when it is available;
(3)
deny or withhold commercial real estate from any person;
(4)
include in the terms, conditions, or privileges of any sale, lease, sublease, rental, assignment, or other transfer of commercial real estate any clause, condition, or restriction discriminating against any person in the use or occupancy of the real estate; or
(5)
discriminate in furnishing any facilities, repairs, improvements, or services, or in the terms, conditions, privileges, or tenure of occupancy.
(b)
A lending institution must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, sexual orientation, gender identity, or age:
(1)
discriminate in lending money, guaranteeing loans, accepting a deed of trust or mortgage, or otherwise making available funds to acquire, construct, alter, rehabilitate, repair, or maintain commercial real estate; or
(2)
discriminate in fixing the rates, terms, conditions, or provisions of financial assistance, or in extending service in connection with financial assistance.
(c)
A person must not because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age:
(1)
publish or circulate, or cause to be published or circulated, any commercial real estate notice, statement, listing, or advertisement;
(2)
announce a policy, or use any form of application for the purchase, lease, rental, or financing of commercial real estate; or
(3)
make any record or formal business inquiry in connection with the prospective purchase, lease, rental, or financing of any commercial real estate.
This subsection does not prohibit the use of a logo or other means of advertising that any commercial real estate is suitable or adapted to use by persons with a disability.
(d)
A person must not:
(1)
assist in, compel, or coerce any discriminatory practice prohibited by this subdivision,
(2)
obstruct or prevent enforcement or compliance with this subdivision, or
(3)
attempt directly or indirectly to commit any discriminatory practice.
(e)
A person must not:
(1)
induce or attempt to induce, by direct or indirect methods, any person to transfer commercial real estate by representations regarding the existing or potential proximity of real estate owned, used, or occupied by any person of any particular race, color, religious creed, ancestry, national origin, sex, marital status, disability, sexual orientation, gender identity, age, the presence of children, or family responsibilities;
(2)
represent to any prospective purchaser or lessee that any commercial real estate in a particular area may undergo, is undergoing, or has undergone a change with respect to racial, color, religious creed, ancestry, nationality, marital status, disability, presence of children, family responsibilities, sex, sexual orientation, gender identity, ethnic composition, or age of occupants of the area; or
(3)
place a sign or other display either purporting to offer for sale, lease, assignment, transfer, or other disposition, or tending to lead to the belief that a bona fide offer is being made to sell, lease, assign, transfer, or otherwise dispose of any commercial real estate that is not in fact available or offered for sale, lease, assignment, transfer, or other disposition, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, sexual orientation, gender identity, or age.
(f)
A person must not retaliate against any person for:
(1)
lawfully opposing any discriminatory practice under this subdivision; or
(2)
filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this subdivision.
(g)
A person must not because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age:
(1)
deny any other person access to or membership or participation in any multiple- listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of buying, selling, or renting commercial real estate; or
(2)
discriminate against any person in the terms or conditions of the access, membership, or participation in any multiple-listing service, real estate brokers’ organization, or other service, organization, or facility relating to the business of buying, selling, or renting commercial real estate.
Montgomery County, Md., Code § 27-17 (2026)
Sec. 27-17. Exemptions.LinkCopy Citation
(a)
Section 27-16A does not apply to religious institutions or organizations or charitable or educational organizations operated, supervised, or controlled by religious institutions or organizations which give preference to members of the same religion in a real estate transaction, as long as membership in such religion is not restricted by race, color, sex, or national origin.
(b)
In the case of age, the following is not an unlawful practice:
(1)
Inquiring about a person's age to determine a pertinent element of credit-worthiness;
(2)
Using empirically derived credit systems that consider age if such systems are based on statistically sound data;
(3)
Offering credit life insurance or credit disability insurance, in conjunction with any mortgage loan, to a limited age group;
(4)
Refusing to grant a mortgage loan to a person under the age of eighteen (18) years.
Montgomery County, Md., Code § 27-18 (2026)
Sec. 27-18. Enforcement.LinkCopy Citation
(a)
If the Director, with respect to a violation of this subdivision, (1) does not conciliate a complaint after the parties have, in good faith, attempted conciliation, (2) does not effect an assurance of discontinuance or settlement agreement, or (3) finds that a complaint is not susceptible of conciliation, in addition to the authority provided in Section 27-7, the Director may (1) transmit the matter to the County Attorney for appropriate legal action, or (2) advise the complainant of the complainant's right to take appropriate legal action.
(b)
Nothing in this subdivision prevents any person from exercising any right or seeking any remedy to which that person is otherwise entitled, or from filing any complaint with any other agency or court. If an action involving the same parties is pending before any other agency or court, the commission must advise the complainant to incorporate the allegations of the complaint in the previous action where appropriate.
(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.
Division 3. Discrimination in Employment.
Montgomery County, Md., Code § 27-19 (2026)
Sec. 27-19. Discriminatory employment practices.LinkCopy Citation
(a)
A person must not because of the race, color, religious creed, ancestry, national origin, age, sex, marital status, sexual orientation, gender identity, family responsibilities, or genetic status of any individual or disability of a qualified individual, or because of any reason that would not have been asserted but for the race, color, religious creed, ancestry, national origin, age, sex, marital status, disability, sexual orientation, gender identity, family responsibilities, or genetic status:
(1)
For an employer:
(A)
fail or refuse to hire, fail to accept the services of, discharge any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment; or
(B)
limit, segregate, or classify employees in any way that would deprive or tend to affect adversely any individual’s employment opportunities or status as an employee; or
(C)
subject an individual to harassment, including sexual harassment;
(2)
For an employment agency: fail or refuse to refer for employment, assign job classifications to, classify or refer for employment, or otherwise discriminate against, any individual;
(3)
For a labor organization:
(A)
exclude or expel from its membership, or otherwise discriminate against any individual;
(B)
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 any individual of equal employment opportunities, or affect adversely the individual's employment opportunities or status as an employee or as an applicant for employment; or
(C)
cause or attempt to cause an employer to discriminate against an individual in violation of this section; or
(4)
For an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training programs: discriminate against any individual in admission to, or employment in, any program established to provide apprenticeship or other training.
(b)
Definitions.
(1)
The term “discriminate” in subsection (a) includes excluding, or otherwise denying, equal job opportunity or benefits to, a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association.
(2)
The term “harassment” in subsection (a) includes verbal written, or physical conduct, whether or not the conduct would be considered sufficiently severe or pervasive under precedent applied to harassment claims, when:
(A)
the conduct is based upon an individual’s race, color, religious creed, ancestry, national origin, age, sex, marital status, sexual orientation, gender identity, family responsibilities, genetic status, or disability;
(B)
(i)
submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
(ii)
submission to or rejection of the conduct is used as a basis for employment decisions affecting the individual; or
(iii)
the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating a working environment that is perceived by the victim to be abusive or hostile; and
(C)
a reasonable victim of discrimination would consider the conduct to be more than a petty slight, trivial inconvenience, or minor annoyance.
(3)
The term “sexual harassment” in subsection (a) includes unwelcome sexual advances, requests for sexual favors, or other verbal, written, or physical conduct of a sexual nature, whether or not the conduct would be considered sufficiently severe or pervasive under precedent applied to harassment claims, when:
(A)
(i)
submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
(ii)
submission to or rejection of the conduct is used as a basis for employment decisions affecting the individual; or
(iii)
the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating a working environment that is perceived by the victim to be abusive or hostile; and
(B)
a reasonable victim of discrimination would consider the conduct to be more than a petty slight, trivial inconvenience, or minor annoyance.
(c)
A person must not:
(1)
retaliate against any person for:
(A)
lawfully opposing any discriminatory practice prohibited under this division; or
(B)
filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this division;
(2)
assist in, compel, or coerce any discriminatory practice prohibited under this division;
(3)
obstruct or prevent enforcement or compliance with this division; or
(4)
attempt directly or indirectly to commit any discriminatory practice prohibited under this division.
(d)
(1)
Except as provided in paragraph 2, a person must not print, publish, or cause to be printed or published, any notice or advertisement indicating any preference, limitation, or specification based on race, color, religious creed, ancestry, national origin, age, sex, marital status, disability, sexual orientation, gender identity, family responsibilities, or genetic status relating to:
(A)
employment by an employer;
(B)
membership in or any classification or referral for employment by a labor organization; or
(C)
any classification or referral for employment by an employment agency.
(2)
This subsection does not prohibit a notice or advertisement from indicating a preference, limitation, or specification that is a bona fide occupational qualification for employment reasonably necessary to the normal operation of the particular business or enterprise.
(e)
Notwithstanding any other provision of this division, it is not an unlawful employment practice:
(1)
for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs, to admit or employ any individual in any program, on the basis of race, color, religious creed, age, sex, marital status, national origin, ancestry, disability, sexual orientation, gender identity, family responsibilities, or genetic status based on a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise;
(2)
for a religious corporation, association, or society to hire and employ employees of a particular religion; or
(3)
for an employer to deny employment on the basis of religious creed if the observance, practice, or belief cannot be reasonably accommodated by an employer without causing undue hardship on the conduct of the employer's business.
(f)
Notwithstanding any other provision of this division, it is not unlawful for any employer to observe the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension, or insurance plan, that is not a subterfuge to evade the provisions and purposes of this division, except that an employee benefit plan must not excuse an employer's failure to hire any qualified person.
(g)
(1)
(2)
Except as provided in paragraph (2), an employer must not discharge or in any other manner discriminate or retaliate against an employee because the employee:
(A)
has inquired about, discussed, or disclosed the wages of the employee or another employee; or
(B)
asserts any right under this subsection.
(2)
The prohibition against retaliation for wage disclosure under paragraph (1) does not apply to an employee who has access to wage information of other employees or applicants as part of the employee’s essential job functions and discloses the wages of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to:
(A)
a formal complaint or charge;
(B)
in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer; or
(C)
is consistent with the employer’s legal duty to furnish information.
(h)
Notwithstanding any other provision of this division, a physician or other licensed medical professional may use genetic information about, and consider the genetic status of, an employee to evaluate whether a disease, medical condition, or disability that is currently manifest is preventing the employee from performing the essential functions of the position if:
(1)
the genetic information is provided to the employee in writing as soon as the information is available;
(2)
the genetic information is not disclosed to any other person (including the employer) without the employee's voluntary, written consent;
(3)
the genetic information is maintained as a medical record separate from the employee's employment records; and
(4)
no other law prohibits:
(A)
the medical professional from collecting or using the genetic information, or
(B)
the employer from considering the disease or disability, or the employee's genetic status.
(i)
This division does not prohibit genetic monitoring of biological effects of toxic substances in the workplace if:
(1)
the employee has provided prior voluntary, informed consent in writing to participate in the monitoring;
(2)
the employee receives the results of the monitoring, including both aggregate information and any information regarding the specific employee, as soon as results are available;
(3)
the monitoring complies with all other laws, such as regulations protecting human subjects in research; and
(4)
the employer (other than a licensed medical professional involved in the genetic monitoring) receives results of the monitoring only in aggregate terms that do not disclose the identity of any specific employee.
(j)
An employer must not require an employee to obtain or reveal any genetic information that the employer is prohibited from considering under this division.
(k)
An employer may require an employee to adhere to reasonable workplace appearance, grooming, and dress standards that are nondiscriminatory and not precluded by any provision of state or federal law. However, an employer must allow an employee to appear, groom, and dress consistent with the employer’s gender identity.
This Section is discussed in Belfiore v. Merchant Link LLC, 236 Md. App. 32, 180 A.3d 230 (2018). In Prince of Peace Lutheran Church v. Linklater, 421 Md. 664, 28 A.3d. 1171 (2011), the Court cited Section 27-19, comparing it to its federal counterpart. Section 2-19 is quoted in Hawkins v. Rockville Printing & Graphics, Inc., 189 Md. App. 1, 983 A.2d 531 (2009) and in Gasper v. Ruffin Hotel Corp. of Maryland, Inc., 183 Md. App. 211, 960 A.2d 1228 (2008). Section 27-19 is cited in Doe v. Montgomery County Board of Elections, 406 Md. 697, 962 A.2d 342 (2008). Section 27-19 is quoted in Jacob v. Didlake Corp., 2007 U.S. Dist. LEXIS 4095 (Jan. 19, 2007). Section 27-19 is cited in Conaway v. Deane, 401 Md. 219, 932 A.2d 571 (2007). Section 27-19 is cited, interpreted, and compared with Haw. Rev. Stat. § 378-2 in Haas v. Lockheed Martin Corp.. 396 Md. 469, 914 A.2d 735 (2007). Section 27-19 is cited in Archdiocese of Washington v. Moersen, 399 Md. 637, 925 A.2d 659 (2007); in Jordan v. Alternative Resouces Corp., 447 F.3d 324 (4th Cir. 2006) (vacated on hearing); and in Heiko v. Colombo Savings Bank, 434 F.3d 249 (4th Cir. 2006), in which the complaint involved a claim under the Montgomery County Code and the Americans with Disabilities Act. Section 27-19 is interpreted and quoted in Haas v. Lockheed Martin Corp., 396 Md. 469, 494 (2007), where the court held that the statute of limitations for employment claims under Montgomery County law runs from the date the discharge actually occurred and not from the earlier date on which the complainant was notified of the termination. Section 27-19 is cited in Ridgely v. Montgomery County, 164 Md. Appl 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- 19 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. A portion of Section 27-19 was held to be constitutionally invalid and the words “to perform purely religious functions” were severed from the section in Montrose Christian School Corp. v. Carver and Walsh, 363 Md. 565, 770 A.2d 111 (2001). The above section is described and 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 Weathersby v. Kentucky Fried Chicken Nat’l. Mgt. Co., 86 Md.App. 533, 587 A.2d 569 (1991) and quoted in Hanna v. Emergency Medicine Associates, P.A., 77 Md.App. 595, 551 A.2d 492 (1989). Section 27-19 is cited in Hopkins v. Baltimore Gas and Electric Company, 77 F.3d 745 (4th Cir. 1996), a sexual harassment case, as an example of the enactment of local laws addressing sexual orientation. Section 27-19(b) is cited in Weathersby v. Kentucky Fried Chicken Nat’l. Mgt. Co., 804 F.Supp. 756 (D.Md. 1992).
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.
Montgomery County, Md., Code § 27-20 (2026)
Sec. 27-20. Notice to be posted; reports and records.LinkCopy Citation
(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.
Montgomery County, Md., Code § 27-21 (2026)
Sec. 27-21. Reports and records of person under investigation.LinkCopy Citation
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.
Division 4. Discrimination Through Intimidation
Montgomery County, Md., Code § 27-22 (2026)
Sec. 27-22. Discrimination through intimidation.LinkCopy Citation
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.
Montgomery County, Md., Code § 27-23 (2026)
Sec. 27-23. Parental liability.LinkCopy Citation
(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.
Montgomery County, Md., Code § 27-24 (2026)
Sec. 27-24. Alternative service; anti-hate/violence fund.LinkCopy Citation
(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.
Montgomery County, Md., Code § 27-25 (2026)
Sec. 27-25. Reliance on prior judicial decisions.LinkCopy Citation
Any judicial determination that an act prohibited by Section 27-22 or comparable state law has been committed is admissible as proof of the act in a proceeding brought under this article involving the same acts.
Montgomery County, Md., Code § 27-26 (2026)
Sec. 27-26. Partnership Fund for victims of hate/violence.LinkCopy Citation
(a)
Fund established.
(1)
There is a Partnership Fund for victims of hate/violence.
(2)
The Fund is created to compensate victims of hate/violence for personal injury and property damage caused by the hate/violence incident.
(3)
The Commission on Human Rights must define what conduct is an act of hate/violence.
(4)
The County Executive must designate a subcommittee of the Committee on Hate/Violence to administer the Partnership Fund. In this Section, subcommittee refers to this subcommittee.
(b)
Contributions.
(1)
The subcommittee should solicit and deposit private contributions to the Fund. The subcommittee may spend up to 10 percent of the Fund to publicize the Fund and solicit private contributions.
(2)
The County must contribute $25,000 per year to the Fund to the extent that funds are appropriated.
(3)
The County government must also contribute $2 for every $1 of private contributions to the Fund, up to an additional $30,000 per a year, to the extent that funds are appropriated.
(c)
Victim compensation.
(1)
The subcommittee may pay a victim of hate/violence up to $2,000 from the Fund for each incident of hate/violence to compensate the victim for property damage caused by the hate/violence incident.
(2)
The subcommittee may pay a victim of hate/violence up to $4,000 from the Fund for each incident of hate/violence to compensate the victim for personal injuries caused by the hate/violence incident. Personal injury awards must be limited to actual damages for medical expenses, psychological services, or lost wages. Lost wages must be based solely on employment income and must be calculated based on an individual’s gross average weekly wage immediately before the incident of hate/violence.
(3)
A victim of hate/violence may not receive more than $8,000 from the Fund in any 12-month period.
(d)
Police report. A police report, filed over the telephone or in person to an appropriate law enforcement agency within 7 days after an act of hate/violence occurred or was discovered, must be submitted with all claims. The subcomittee may waive this requirement if an individual had good cause for not filing a police report.
(e)
Reduction of compensation. The subcommittee must reduce any payment from the Fund by any amount the victim receives or is entitled to receive from any private or public source as compensation for damages from the hate/violence incident. The Fund may pay for lost wages only to the extent that compensation is not available from an employer for vacation, sick, or any other type of leave, insurance, the State victim compensation program, the County victim assistance program, or any other source arising from the same incident.
(f)
False claims. Any person who makes a false claim under this Section:
(1)
commits a Class A violation; and
(2)
must reimburse the Fund for any payments received under this Section.
(g)
Regulations. The County Executive may adopt regulations to implement this Section under method (2).
Montgomery County, Md., Code § 27-26A (2026)
Sec. 27-26A. Coordination of fair housing activities.LinkCopy Citation
The director must coordinate the activities of all County departments, offices, and agencies to prevent discrimination in housing and test compliance with housing discrimination laws. The director must designate a staff member at an appropriate managerial level as the County's fair housing coordinator. After consulting appropriate County officials and private citizens, the Commission must:
(a)
encourage housing industry participation in activities promoting fair housing, and maintain liaison with industry representatives;
(b)
test compliance with housing discrimination laws;
(c)
assess information needs, and assure that appropriate County agencies are gathering and analyzing the necessary data to monitor compliance with housing discrimination laws;
(d)
Reserved.
(e)
maintain a bibliography of information and databases relevant to housing discrimination;
(f)
promote education and training to achieve fair housing; and
(g)
provide staff support for meetings and activities of the interagency fair housing coordinating group.
Montgomery County, Md., Code § 27-26B (2026)
Sec. 27-26B. Interagency fair housing coordinating group.LinkCopy Citation
(a)
The County Executive must designate an interagency fair housing coordinating group. The purpose of the coordinating group is to facilitate and promote the County's efforts to prevent discrimination in housing.
(b)
The County Executive appoints the members of the coordinating group, subject to confirmation by the County Council. The coordinating group consists of one or more employees of each of the following agencies:
(1)
Office of Community Outreach in the Office of the Chief Administrative Officer;
(2)
Human Rights Commission;
(3)
Housing Opportunities Commission;
(4)
Department of Housing and Community Affairs;
(5)
Community service centers;
(6)
Department of Health and Human Services;
(7)
Commission for Women; and
(8)
Commission on People with Disabilities.
(c)
The Executive also may designate, subject to confirmation by the County Council, one or more members of the Executive's staff, and employees of any other County department or office, to serve on the coordinating group. The Executive must also invite the County Council, the Montgomery County public schools, the Montgomery County Economic Development Corporation, and the Maryland-National Capital Park and Planning Commission to designate one or more staff members to serve as full members of the group.
(d)
The Executive must designate a chair of the coordinating group, subject to confirmation by the County Council. The chair or the Executive may call meetings. The group may form its own subcommittees.
(e)
Meetings of the coordinating group and its subcommittees are subject to the Maryland Open Meetings law. In order to create a public forum and encourage diverse participation, the Executive must invite representatives of the housing industry and active community groups to participate in meetings. The group must not be governed by Chapter 2 or Chapter 2A.
(f)
With staff support from the Fair Housing Coordinator, the coordinating group must submit to the County Council and County Executive an annual report on housing discrimination in the County. This report must:
(1)
assess County, State and Federal laws prohibiting discrimination in housing, and evaluate their enforcement in the County;
(2)
recommend changes in law, policy, programs or priorities needed to reduce discrimination in housing;
(3)
include a work program for the coming year;
(4)
include a progress report on the previous year's work program; and
(5)
include the views of the Fair Housing Coordinator and any member whose views differ from those of the report.
Article II. Commission for Women.
Montgomery County, Md., Code § 27-27 (2026)
Sec. 27-27. Statement of policy.LinkCopy Citation
It is hereby declared to be the public policy of Montgomery County, Maryland, to eliminate discrimination or prejudice of any form that may exist on account of sex; to fully utilize the potential of each citizen, regardless of sex, in order to preserve our democratic way of life; and to provide equal opportunities to all citizens, regardless of sex, in employment, education, home and community services, and before the law.
Montgomery County, Md., Code § 27-28 (2026)
Sec. 27-28. Created; composition; appointment; terms of office and compensation of members; meetings, etc.LinkCopy Citation
(a)
Creation and composition; appointment of members; chairperson. There is a Commission for Women. The Commission consists of 15 members appointed by the County Executive subject to confirmation by the County Council. Nine members are appointed from among those applicants who have been nominated and recommended for appointment by organizations within the County whose interests relate to the status of women. Six members are appointed from among those applicants applying on their own behalf. The Commission must elect one of its members as chairperson and another as vice chairperson, each to serve at the pleasure of the Commission, and such other officers as it determines. Representatives of the Board of Education and the Department of Health and Human Services serve as ex officio members of the Commission. Any city, town, village and special taxing area in the County may appoint one representative to serve as an ex officio member of the Commission.
(b)
Terms: vacancies; reappointments. The term of office of each of the appointive members shall commence on July 1 of the year of appointment and shall be for a period of 3 years. Of the members first appointed, 5 shall be appointed for terms which will expire in one year, 3 of whom shall be nominees of County-wide organizations and 2 of whom shall be individual applicants; the same shall be appointed for terms which shall expire in 2 years; and the same for terms which shall expire in 3 years. Vacancies shall be filled by appointment for the unexpired terms. The members shall continue in office until their successors are appointed and have qualified and members shall be eligible for reappointment.
(c)
Compensation. Members of the Commission receive no compensation for their services.
(d)
Meetings; reports. The commission shall meet at the call of the chairperson as frequently as required to perform its duties, but no less than once each month. A majority of the members of the Commission shall constitute a quorum for the transaction of business, and a majority of those present at any meeting shall be sufficient for any official action taken by the Commission. The Commission shall submit an annual report to the County Executive and County Council summarizing its activities, needs, recommendations and the degree to which the goals of the Commission are being met.
Montgomery County, Md., Code § 27-29 (2026)
Sec. 27-29. Powers and duties generally.LinkCopy Citation
The commission shall have the power and it shall be its duty:
(a)
To develop when necessary an information and referral system for all services in the county related specifically to the needs of women, to cooperate with the community services coordinating commission and to develop other services when a need for such services is determined.
(b)
To research, assemble, analyze and disseminate pertinent data and educational materials relating to activities and programs which will assist in meeting the needs of women and in the elimination of prejudice and discrimination on account of sex; and to institute and conduct educational and other programs, meetings and conferences to promote equal rights and opportunities for all persons regardless of their sex. In performance of its duties, the commission shall cooperate with interested citizens, community, business, professional, technical, educational and civic organizations.
(c)
To cooperate with the county executive and all governmental agencies concerned with matters within the jurisdiction of the commission.
(d)
To study and investigate by means of public or private meetings, conferences and public hearings, conditions which may result in unmet needs or in discrimination or prejudice because of sex.
(e)
To advise and counsel the residents of the county, the county council, the county executive and the various departments of county, state and federal governments on matters involving the needs of women and on matters relating to discrimination or prejudice on account of sex, and to recommend such procedures, program or legislation as it may deem necessary and proper to promote and insure equal rights and opportunities for all persons, regardless of their sex.
(f)
To work to remove inequalities due to unmet needs or discrimination or prejudice on the basis of sex in such areas as housing, recreation, employment, education, community services and related matters.
(g)
To adopt, under method (2) of section 2A-15 of this Code, such regulations as may be necessary to carry out the purposes of this article; to keep a record of its activities and minutes of all meetings; such records and minutes shall be on file and shall be open to the public at reasonable business hours upon request.
(h)
To prepare and submit to the county executive a budget to include the recommended appropriation for its own operation. In submitting a recommended budget for carrying out the operation of the commission, the county executive shall take into consideration the recommendations of the commission.
Montgomery County, Md., Code § 27-30 (2026)
Sec. 27-30. Committees generally; advisory committees.LinkCopy Citation
The chairman of the commission may, with the approval of the commission appoint committees from its members to assist in carrying out any of the functions and duties of the commission. Any committee appointed shall consist of not less than three (3) members. The chairman of the commission may also appoint advisory committees of citizens and at least one (1) commission member as in his judgment will aid in effectuating the purposes of the commission. The committee and advisory committee actions shall not be deemed to be the action of the commission and shall in no way bind the commission or its members.
Montgomery County, Md., Code § 27-31 (2026)
Sec. 27-31. Advisory council.LinkCopy Citation
An advisory council, composed of representatives from organizations interested in the activities of the commission, shall be established to advise the commission. Unaffiliated individuals may attend advisory council meetings, but may not vote. Advisory council action shall not be deemed to be the action of the commission and shall in no way bind the commission or its members.
Montgomery County, Md., Code § 27-32 (2026)
Sec. 27-32. Volunteers; consultants.LinkCopy Citation
The commission may engage the services of volunteer workers and consultants without salary as they may find necessary from time to time and may engage other workers and consultants in accordance with the laws of the county subject to budget appropriations to assist it in carrying out its duties. Services of an individual as a volunteer worker or consultant for the commission shall not be considered as service of employment bringing such individual within any merit system of the county or the state.
Montgomery County, Md., Code § 27-33 (2026)
Sec. 27-33. Reserved.LinkCopy Citation
Montgomery County, Md., Code § 27-33A (2026)
Sec. 27-33A. Fees.LinkCopy Citation
(a)
The county executive by executive order may impose user fees on participants in the programs, services, or activities conducted by the commission for women. Fees must not exceed the reasonable cost of administering the program, service, or activity.
(b)
The Director may waive the user fee charged to a participant if:
(1)
The waiver would promote the purposes of this article; and
(2)
The participant cannot afford to pay the fee.
(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.
Article III. Commission on Aging.
Montgomery County, Md., Code § 27-34 (2026)
Sec. 27-34. Statement of policy.LinkCopy Citation
It is hereby declared to be the public policy of the county to promote and initiate programs to improve conditions of the aging or elderly in the county; to work toward elimination of restrictions which impede older citizens from full participation in the mainstream of community life; and to assist and stimulate all levels of government and the community to be more responsive to the needs of the county's older citizens.
Montgomery County, Md., Code § 27-35 (2026)
Sec. 27-35. Creation; composition; appointment; terms and compensation of members; meetings; quorum; reports.LinkCopy Citation
(a)
Creation and composition; appointment of members; election of officers. There is hereby established a commission on aging with at least eighteen (18) members appointed by the Executive, subject to confirmation by the Council. After considering the recommendations of the commission, the Executive must appoint a majority of members who are older citizens. In addition, each member must be:
(1)
a County resident; and
(2)
an individual who is or has been active in business, industry, labor, community service, religion, welfare, education, the professions, or representatives of major organizations or agencies significantly concerned with the problems of aging.
The Executive must appoint 1 member of the Mental Health Advisory Committee and 1 member of the Commission on Veterans Affairs. The commission must elect the following officers and directors from the members appointed by the Executive: chair, vice chair, secretary, budget and finance advisor, each to serve at the pleasure of the commission, and directors and such other officers as it determines.
(b)
Terms; reappointments. The term of office of each of the appointed members is 3 years. A member must not serve more than 2 consecutive terms. Members shall continue in office until their successors are appointed and approved.
(c)
Compensation. Members of the commission receive no compensation for their services.
(d)
Meetings; reports. The commission shall meet at the call of the chairman as frequently as required to perform its duties, but no less than six (6) times each year. A majority of the members of the commission shall constitute a quorum for the transaction of business,and a majority of those present at any meeting shall be sufficient for any official action taken by the commission. The commission shall submit an annual report to the county executive and the county council summarizing its activities, needs, recommendations and the degree to which the goals of the commission are being met.
Montgomery County, Md., Code § 27-36 (2026)
Sec. 27-36. Executive secretary; additional personnel and facilities.LinkCopy Citation
There shall be an executive secretary of the commission, who shall be a merit system employee. Other personnel and facilities may be authorized as provided by appropriations.
Montgomery County, Md., Code § 27-37 (2026)
Sec. 27-37. Powers and duties generally.LinkCopy Citation
The commission shall have the power and it shall be its duty:
(a)
To research, assemble, analyze and disseminate pertinent data and educational materials relating to activities and programs which will assist in meeting the needs and solving the problems of the aging; to cooperate with public and private agencies, organizations and individuals in identifying and solving the problems of the aging; and to develop and conduct, as appropriate, in cooperation with county government, other services and programs dealing with the problems and needs of the aging.
(b)
To review plans of primary concern to the aging that are developed by other commissions, agencies, offices and departments of the county government.
(c)
To develop an information and referral system for all services in the county related specifically to the needs of the aging.
(d)
To institute and conduct educational and other programs, meetings and conferences to promote the welfare of the aging. In the performance of its duties, the commission shall cooperate with all interested citizens, community, business, professional, technical, educational, health and civic organizations.
(e)
To cooperate with the county executive and all governmental agencies concerned with matters within the jurisdiction of the commission.
(f)
To study and investigate by means of public or private meetings, conferences and public hearings, conditions which may result in unmet needs or in discrimination or prejudice because of age.
(g)
To advise and counsel the residents of the county, the county council, the county executive and the various departments of county, state and federal governments on matters involving the needs of the aging, and to recommend such procedures, programs or legislation as it may deem necessary and proper to promote and ensure equal rights and opportunities for all persons, regardless of their age.
(h)
To work to remove the unmet needs or discrimination or prejudice on the basis of age in such areas as housing, recreation, employment, education, community services and related matters.
(i)
To adopt such rules and procedures as may be necessary to carry out the purposes of this article; to keep a record of its activities and minutes of all meetings; such records and minutes shall be on file and shall be open to the public at reasonable business hours upon request.
(j)
To prepare and submit to the county executive a budget to include the recommended appropriation for its own operation. In submitting a recommended budget for carrying out the operation of the commission, the county executive shall take into consideration the recommendations of the commission, and if requested by the commission, grant a hearing to the commission.
Montgomery County, Md., Code § 27-38 (2026)
Sec. 27-38. Committees.LinkCopy Citation
The chairman of the commission may, with the approval of the commission, appoint committees from its members to assist in carrying out any of the functions and duties of the commission.
Montgomery County, Md., Code § 27-39 (2026)
Sec. 27-39. Volunteer workers and consultants.LinkCopy Citation
The commission may engage the services of volunteer workers and consultants without salary as it may find necessary from time to time, and may engage other workers and consultants in accordance with the laws of the county, subject to budget appropriations to assist it in carrying out its duties. Services of an individual as a volunteer worker or consultant for the commission shall not be considered as service or employment bringing such individual within any merit system of the county or the state.
Article IV. Community Action Agency.
Montgomery County, Md., Code § 27-40 (2026)
Sec. 27-40. Statement of policy.LinkCopy Citation
It is the public policy of the County to promote programs to create an awareness of poverty; promote coordination among private and public agencies concerned with poverty; promote better use of existing resources and develop leadership among poor citizens to solve community problems; and develop broad community strategies to attack the basic causes of poverty.
Montgomery County, Md., Code § 27-41 (2026)
Sec. 27-41. Creation and organization.LinkCopy Citation
(a)
Established; purpose. There is a Community Action Agency within the Executive branch of the County government. The Agency creates and maintains community action programs to encourage the use of public and private resources to enable low-income people to become self-sufficient; to reduce poverty in the County; to involve the low-income population in developing and carrying out anti-poverty programs in the County; and to make government more responsive to the needs of low-income people.
(b)
Governing board and staff. The community action agency consists of:
(1)
the Community Action Board; and
(2)
merit system employees of the County government, including an executive director and other staff necessary to assist the Board. The Board generally directs and supervises the staff.
(c)
Board-Composition; membership.
(1)
The Community Action Board consists of not more than 24 nor less than 15 members.
(2)
At least one-third of the members must be representatives of low-income persons in the county, and one-third must be public officials or their representatives. The balance of the Board must be composed of officials or members of business, industry, labor, religious, private welfare, private education, minority, civic, and other major private organizations interested in activities of the agency.
(d)
Appointment; term of office.
(1)
Public Official Members. The County Executive must appoint, subject to confirmation by the County Council, officials of the County government and other public agencies in the County, or voting representatives of the officials, to serve on the Board. The Council may, in its discretion, recommend a Councilmember or other Council representative to serve on the Board. The Executive must consider for appointment public officials recommended by the Board. The Executive (who is not subject to confirmation), or the Executive’s designee, is a public member of the Board. Public-official members, or their representatives:
(A)
collectively must comprise at least one-third of the membership of the Board; and
(B)
serve at the pleasure of the Executive..
(2)
Private Organization Members. The Executive must appoint, subject to confirmation by the Council, representatives of the private organizations to serve on the Board. These members serve either a 1-, 2-, or 3-year term, as designated by the Executive. In appointing members under this subparagraph, the Executive must consider individuals and organizations recommended by the Board. The terms of private organization members end October 1 of the appropriate year.
(3)
Low-Income Representatives.
(A)
The Executive must appoint, subject to confirmation by the Council, members who represent low-income County residents. In making an appointment under this subparagraph, the Executive must consider the recommendation of the Community Action Board regarding a candidate selected by low-income County residents. Low-income representative members serve either a 1-, 2-, or 3-year term, as designated by the County Executive. The Board must recommend to the Executive an individual to fill any vacancy on the Board. The terms of all members representing low-income residents end October 1 of the appropriate year.
(B)
The Board must establish a democratic procedure for low-income residents to select candidates for nomination, each of whom must live in a specific geographic area of the County. Individuals participating in the selection of a candidate must be at least 18 years old, reside in the specific geographic area of the County, and have income that does not exceed the limits established under subparagraph (D).
(C)
For each person nominated under this paragraph, the Executive must explain in writing to the Council how the nominee was selected by a democratic method designed to ensure that the nominee is representative of the poor in the area the nominee would represent.
(D)
A low-income person, for the purpose of this article, is a person whose income does not exceed amounts set by Executive Order after considering the recommendations of the Board.
(4)
Vacancies. Except as provided in paragraph (5), each member of the Board continues to serve after the member’s term expires until the Council confirms a successor, who serves the remainder of the member’s term.
(5)
A private-organization member selected under paragraph (2) or a low-income representative selected under paragraph (3) must not serve on the Board for more than 5 consecutive or 10 total years.
(e)
Officers of the Board. The officers of the Board are the chair, vice-chair, and secretary, elected annually by the Board under procedures adopted by the Board.
(f)
Compensation. The members of the Board serve without compensation.
(g)
Meetings; quorum. The Board holds meetings at regular intervals at least 6 times per year. A majority of the members of the Board is a quorum for conducting business. The Board may act on a majority vote of those present. The Board or its designated members should meet from time to time with the County Executive, the County Council, and other public officials to promote the Board’s functions.
(h)
Nonpartisan nature. The Community Action Agency must not participate in partisan political activities or sectarian activities. The Agency may advocate on behalf of, or discuss public issues affecting, low-income people.
Montgomery County, Md., Code § 27-42 (2026)
Sec. 27-42. General powers and duties of Board.LinkCopy Citation
To accomplish the purposes for which the Community Action Agency is established, the Community Action Board may:
(a)
Make recommendations on the initiation and development of the community action program;
(b)
Recommend to the county executive an annual budget to support the community action program and develop grant applications in support thereof;
(c)
Decide changes in the community action program within the limits of the annual budget;
(d)
Recommend expenditures within available appropriations or budgetary allocations for the community action program;
(e)
Recommend transfers between and within programs within available appropriations or budgetary allocations;
(f)
Give general advice on the administration of projects carried out in implementation of the community action program;
(g)
Accept, use and account for contributions of property and services from organizations or individuals for purposes consistent with the community action program;
(h)
Participate in recruiting and screening candidates for the position of executive director; and recommend a candidate or candidates for executive director; participate in the performance evaluation of or any personnel actions concerning the executive director;
(i)
Recommend the type and number of personnel required to staff the organization and carry out approved projects;
(j)
Adopt, amend and repeal bylaws, and adopt regulations under method (2) of section 2A- 15 of this Code governing the manner in which its activities may be conducted and the powers vested in it may be exercised;
(k)
Provide advice and recommendations to the county executive, county council and other public and private agencies;
(l)
Establish communications with the community concerning programs and policies affecting low-income persons;
(m)
Perform all lawful actions as may be necessary or appropriate to achieve the purposes for which the community action agency is established, including the selection of low-income representatives;
(n)
Carry out such operations as the county government may specifically authorize or provide.
Montgomery County, Md., Code § 27-43 (2026)
Sec. 27-43. Committees and advisers.LinkCopy Citation
(a)
The Board must establish an executive committee and other subcommittees necessary to assist in performing the functions of the Board.
(b)
The chair of the Board may appoint a person to advise the Board from public agencies not represented on the Board or from interested citizens in the county. An adviser may participate in meetings of the Board and the executive committee but is not entitled to vote. An advisers may serve as a member of a subcommittee and vote at subcommittee meetings.
Montgomery County, Md., Code § 27-44 (2026)
Sec. 27-44. Authority of executive director.LinkCopy Citation
The executive director may, after considering the Community Action Board’s recommendations:
(a)
recommend to the Chief Administrative Officer appointment of Agency staff; and
(b)
authorize the expenditure of funds.
Montgomery County, Md., Code § 27-45 (2026)
Sec. 27-45. Reports.LinkCopy Citation
The Community Action Board annually must report to the County Executive, the County Council, and the public on the Board’s activities .
Montgomery County, Md., Code § 27-46 (2026)
Sec. 27-46. Repeal of current resolution.LinkCopy Citation
Resolution No. 6-1332, dated June 18, 1968, the current resolution establishing the community action committee, is hereby rescinded, and any section therein inconsistent with this article is hereby declared null and of no effect or force.
Article V. Commission on Children and Youth.
Montgomery County, Md., Code § 27-47 (2026)
Sec. 27-47. Statement of policy.LinkCopy Citation
The County Council believes that a Commission on Children and Youth is necessary to advise the County Council, County Executive, Department of Health and Human Services and the Board of Education, on the development of coordinated community and government policies, programs and services which support children, youth and families. The objectives of the Commission are: To identify the needs of children and youth according to age, location and special services required; to identify all existing services, public and private, available to children, youth and families; to identify those changes in public policy, service delivery, and funding necessary to improve the supporting services available to children, youth and families; and to serve as the community voice for children and youth and to be a forum for discussion with youth. The Commission on Children and Youth should coordinate work with the Commission on Child Care and should not duplicate the work of the Commission on Child Care.
Montgomery County, Md., Code § 27-48 (2026)
Sec. 27-48. Commission on Children and Youth Generally.LinkCopy Citation
(a)
Creation and appointment. There is a Commission on Children and Youth. The County Executive appoints Commission members, subject to County Council approval. The Commission has 27 members, including the following:
(1)
one representative from the:
(A)
public school system;
(B)
private schools in the County; and
(C)
Department of Recreation.
(2)
The Department of Health and Human Services has 2 representatives.
The remaining 22 members should be equally divided among individuals with recent experience in agencies providing services to children and youth, youth and young adults, and parents. The County Executive appoints the Chair and the Vice-Chair of the Commission, subject to County Council approval. A County government representative must not be the Chair or Vice-Chair. Commission members may make recommendations to the County Executive about appointment of the Chair and Vice-Chair.
(b)
Terms of office. The term of a member is 3 years, except that a youth or young adult member is appointed for one year from June 1 to May 30.
(c)
Compensation. Members of the Commission must not receive compensation for their services.
(d)
Meetings. The Commission meets on the call of the Chair as required to perform its duties but not less than 6 times each year.
(e)
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.
(f)
Staff. The Department of Health and Human Services provides the necessary staff support to the Commission for the conduct of the Commission's formal sessions.
Montgomery County, Md., Code § 27-49 (2026)
Sec. 27-49. Duties and responsibilities.LinkCopy Citation
The Commission has the following duties and responsibilities:
(a)
Initiate recommendations for such procedures, programs or legislation as it may deem necessary to promote the well-being of children, youth and families in the community;
(b)
Hold public hearings, initiate interagency conferences and create special task forces in order to identify and assess needs, review services, programs and policies and plan new strategies for supporting children, youth and families;
(c)
Collect data on the needs of children and youth, as well as services delivered by public and private agencies in the County;
(d)
Evaluate and review the implementation of County policies and programs affecting children, youth and families, including but not limited to: Early childhood education, health and nutrition, neglected and dependent children and youth, children/ youth with special needs and prevention and treatment of delinquency;
(e)
Recommend annual priorities which the County government should follow for improving services in support of children, youth, and families;
(f)
Review and promote the coordination of services between and among all agencies serving children and youth in this County;
(g)
Review, assess and make recommendations regarding funding of proposals utilizing public funds to be spent in behalf of children and youth;
(h)
Give recommendations to the County Executive and County Council for new sources of public funds for children and youth;
(i)
Review standards for licensing and operation of services to children and youth.
(j)
Serve as the children's council as established by Article 49D of the Annotated Code of Maryland and perform the duties and functions provided therein;
(k)
Provide effective public information on children's programs and services in the County;
(l)
Participate in the activities of the State Office for Children and Youth;
(m)
Solicit advice and suggestions from public and private agencies, and their professional staffs, concerned with problems of children and youth through the establishment of committees or other appropriate means;
(n)
Formulate bylaws and operating procedures necessary to carry out responsibilities;
(o)
Supervise and coordinate activities of the Youth Advisory Committee as a subcommittee of the Commission; and
(p)
Advise the County Council, County Executive, Department of Health and Human Services, and Board of Education in matters relating to children, youth, and families.
Montgomery County, Md., Code § 27-49A (2026)
Sec. 27-49A. Citizens Review Panel for Children.LinkCopy Citation
(a)
Creation. The Citizens Review Panel for Children is established.
(b)
Appointment. The County Executive must appoint the members of the Citizens Review Panel, subject to County Council confirmation. The Executive must appoint the chair and vice-chair of the Citizens Review Panel, subject to Council confirmation. A member of the Citizens Review Panel may recommend individuals to the Executive to serve as the chair and vice-chair.
(c)
Membership.
(1)
The Citizens Review Panel has 9 to 14 members.
(A)
The Executive must appoint 7 members. No more than 3 members may be members of the Commission on Children and Youth who are separately confirmed by the Council as Panel members.
(B)
One member each must be a County resident selected under State law by:
(1)
the State Citizens Review Board for Children; and
(2)
the State Council on Child Abuse and Neglect.
(C)
The Executive may appoint, subject to confirmation by the Council, not more than 5 additional non-voting members to provide technical and professional advice to the Panel about child protective services. These members must have experience in preventing and treating child abuse and neglect, such as child advocates, volunteers of the court-appointed special advocate program, attorneys who represent children, parents and consumer representatives, and health and human services professionals. These members each serve a term of 3 years. A panel member should consider the advice of these members, but must exercise independent judgment in evaluating their advice.
(2)
Each member of the Panel must be a volunteer who:
(A)
exercises the member's own free will in all deliberations of the Panel;
(B)
acts independently of any outside influence, particularly the member's employer;
(C)
does not represent any agency or organization; and
(D)
is not a County or State employee, or spouse or domestic partner of an employee, whose participation would be inconsistent with County Council policies regarding appointment of government employees to boards, committees, and commissions.
(d)
Duties. The Citizens Review Panel must:
(1)
implement State law regarding local citizens review boards;
(2)
examine the policies and procedures of State and local agencies and, where appropriate, specific cases to evaluate the extent to which these agencies in the County are effectively fulfilling their responsibilities to implement the child protection standards and State plan under 42 U.S.C. § 5106a(b) and any other criteria that the panel considers important for the protection of children;
(3)
report the Panel's findings to the Executive, the Council, the State Citizens Review Board for Children, and the State Council on Child Abuse and Neglect;
(4)
within 60 days after the end of each fiscal year, prepare and make available to the public a report summarizing the Panel's activities during the fiscal year; and
(5)
carry out other duties as requested to assist the County Department of Health and Human Services, the State Citizens Review Board for Children, and the State Council on Child Abuse and Neglect.
(e)
Terms of office. The term of a Panel member is 3 years.
(f)
Compensation. Members of the Panel must not receive compensation for their services. A member may receive reimbursement for expenses incurred in connection with the member's service on the Panel, subject to appropriations.
(g)
Meetings. The Citizens Review Panel must meet at least once every 3 months at the call of the chair.
(h)
Access to information. Federal law requires the State to provide any case information requested by the Panel that is necessary for the Panel to carry out its functions. County agencies and employees must provide any case or other information that the Panel decides is necessary or useful to carry out its functions. Each member of the Panel is subject to State laws that restrict or prohibit disclosure of:
(A)
identifying information about a specific child protection case; or
(B)
certain other information.
(i)
Staff. Federal law requires the State to provide staff support to the Citizens Review Panel. The County Department of Health and Human Services may provide staff support to the Panel if the State reimburses the County for the full cost of the support.
Transition.
(a)
When making initial appointments to the Citizens Review Panel, the County Executive must appoint 2 members to a one-year term, 2 members to a two-year term, and 3 members to a three-year term.
(b)
The Executive must appoint the members of the Advisory Group under Code Section 27-49A(j), as added by this Act, to initial terms of 1, 2, or 3 years, coincident with the term of a Panel member, so that the terms of no more than 2 members of the group expire in the same calendar year.
(c)
A member who serves for 18 months or less in a Panel or Advisory Group position during the position's initial term of one or two years is eligible for reappointment as if the member had not previously served in the position.
Article VI. Commission on People with Disabilites.
Montgomery County, Md., Code § 27-50 (2026)
Sec. 27-50. Statement of policy.LinkCopy Citation
A Commission on People with Disabilities is necessary to advise the County government on the coordination and development of policies for people with disabilities. The County government adopts the policy that no qualified person with a disability should, on the basis of their disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of the County government. The County government endorses Section 504 of the Rehabilitation Act of 1973 as amended, 29 U.S.C. 794, and agrees to comply with federal regulations implementing Section 504.
Montgomery County, Md., Code § 27-51 (2026)
Sec. 27-51. Commission-Composition and appointments; meetings; staff.LinkCopy Citation
(a)
Composition and appointment. There is a Commission on People with Disabilities. The Commission has 25 voting members, and at least 6 nonvoting members, including:
(1)
13 voting members who are people with a disability;
(2)
3 voting members who are parents of people with disabilities;
(3)
9 voting members who represent organizations and agencies that provide services or represent people with disabilities;
(4)
one nonvoting member from the:
(A)
Department of Recreation;
(B)
Department of Transportation;
(C)
Human Rights Commission; and
(D)
Commission on Veterans Affairs; and
(5)
two nonvoting members from the Department of Health and Human Services.
The County Executive appoints Commission members. The County Executive appoints voting members subject to confirmation by the County Council. The County Executive may appoint additional nonvoting members from other governmental agencies. All appointments are for a 3-year term beginning October 1, except appointments to fill unexpired terms. If a vacancy occurs on the Commission, the County Executive should appoint a successor to complete the unexpired term within 60 days of the occurrence of the vacancy. After receiving recommendations of Commission members, the County Executive must appoint the chairperson and vice chairperson of the Commission, subject to confirmation by the County Council.
(b)
Compensation. Members of the Commission receive no compensation for their services.
(c)
Meetings. The Commission meets on the call of the chairperson as frequently as required to perform its duties, but not less than 6 times each year.
(d)
Staff support. The Department of Health and Human Services must provide the staff support necessary for the Commission to perform its duties.
Montgomery County, Md., Code § 27-52 (2026)
Sec. 27-52. Duties.LinkCopy Citation
The Commission has the following duties:
(a)
review programs and services for people with disabilities, including identifying unmet needs and gaps in services;
(b)
identify, analyze, and evaluate barriers to programs and services for people with disabilities;
(c)
review reports and publications of government agencies providing services to people with disabilities;
(d)
review federal, state and local legislation that concerns or would affect people with disabilities;
(e)
study ways to maximize the use of facilities and services available to people with disabilities;
(f)
conduct open meetings to provide direct communication among people with disabilities, private and public organizations, and the general public regarding programs and services for people with disabilities;
(g)
initiate conferences of interagency planning group and create special task forces to identify and assess needs and promote the coordination of services among public and private agencies, departments, and organizations that provide services and programs for people with disabilities;
(h)
identify and recommend to the County Executive and the County Council appropriate sources of state and federal funding for services and programs for people with disabilities;
(i)
make recommendations for procedures, programs, and legislation to promote the well- being of people with disabilities;
(j)
submit an annual report by November 1 each year to the County Council and the County Executive that includes:
(1)
the status of services and programs for people with disabilities in the County;
(2)
recommendations for the more effective delivery of services and programs to people with disabilities; and
(3)
annual budget and policy priorities for delivery of services to people with disabilities;
(k)
advise the Department of Health and Human Services in carrying out the duties and responsibilities imposed by federal laws affecting people with disabilities; and
(l)
make recommendations to the Department of Health and Human Services about the County's contribution to programs and services for people with disabilities.
Montgomery County, Md., Code § 27-52A (2026)
Sec. 27-52A. Advocacy.LinkCopy Citation
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.
Article VII. Committee for Ethnic Affairs.
Montgomery County, Md., Code § 27-53 (2026)
Sec. 27-53. Committee for Ethnic Affairs-Established; membership; terms of membership; chairperson.LinkCopy Citation
(a)
Establishing the Committee. The Committee for Ethnic Affairs is established for an indefinite term.
(b)
Membership.
(1)
All members must be appointed by the County Executive and confirmed by the County Council.
(2)
There must be 26 members, of whom:
(A)
14 are identified with ethnic groups in the County; and
(B)
12 are identified with the general public, including the business and education communities.
(c)
Terms of members. Each member must be appointed for a 3-year term that begins on April 1, except for a member appointed to complete an unexpired term.
(d)
Chairperson. The Committee must elect a chairperson. The chairperson serves a one- year term, unless reelected.
Montgomery County, Md., Code § 27-54 (2026)
Sec. 27-54. Responsibilities of the Committee.LinkCopy Citation
The Committee should:
(a)
create a forum for all ethnic groups in the County, help to integrate diverse communities in the County, and identify existing and potential problems and possible solutions.
(b)
advise the County Executive, County Council, and the Office of Minority and Multicultural Affairs on public policy that relates to ethnic affairs;
(c)
emphasize the richness of the lingual and cultural diversity in the County, including the promotion of interaction and interchange among ethnic groups;
(d)
advise the Office of Minority and Multicultural Affairs about the organization of an annual heritage festival to celebrate ethnic diversity in the County;
(e)
advise the Office of Minority and Multicultural Affairs about ways of introducing and welcoming permanent and temporary residents from other countries to the County and integrating them into the community;
(f)
advise the Office of Minority and Multicultural Affairs about special needs of ethnic groups for public services, including interpreters, health, housing, employment, and education, and monitor any programs that provide these services;
(g)
advise the Office of Minority and Multicultural Affairs about providing information in as many languages as possible;
(h)
advise the Office of Minority and Multicultural Affairs about promoting involvement of all ethnic groups in the government, business, and community affairs of the County; and
(i)
communicate with the Maryland State Ethnic Heritage Commission and other comparable public and private organizations.
Montgomery County, Md., Code § 27-55 (2026)
Sec. 27-55. Annual ethnic heritage festival.LinkCopy Citation
(a)
The Office of Minority and Multicultural Affairs must:
(1)
organize an annual ethnic heritage festival; and
(2)
provide for citizen participation in the festival planning.
(b)
The Committee should assist the Office of Minority and Multicultural Affairs in planning the festival.
Montgomery County, Md., Code § 27-56 (2026)
Sec. 27-56. Reports.LinkCopy Citation
(a)
By December 1 each year, the Committee must report to the County Executive, the County Council, and the Office of Minority and Multicultural Affairs.
(b)
The report must include a summary of the activities, accomplishments, plans, and objectives of the Committee.
Montgomery County, Md., Code § 27-57 (2026)
Sec. 27-57. Committee support.LinkCopy Citation
The Office of Minority and Multicultural Affairs must provide appropriate support to assist the Committee in its work.
Montgomery County, Md., Code § 27-58 (2026)
Sec. 27-58. Meetings.LinkCopy Citation
(a)
Frequency. The committee meets at the direction of the chairperson at least 6 times each year.
(b)
Procedures.
(1)
A majority of the members of the Committee must be present for the Committee to conduct any official business.
(2)
If a majority of members attending a meeting agree, the Committee may take an action.
Montgomery County, Md., Code § 27-59 (2026)
Sec. 27-59. Compensation of members.LinkCopy Citation
Members do not receive compensation for serving on the committee.
Montgomery County, Md., Code § 27-60 (2026)
Sec. 27-60. Committee in advisory category.LinkCopy Citation
The committee is in the advisory category established in section 2-143 of this Code.
Montgomery County, Md., Code § 27-61 (2026)
Sec. 27-61. Advocacy.LinkCopy Citation
The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.
Article VIII. HUMAN TRAFFICKING PREVENTION COMMITTEE.
Montgomery County, Md., Code § 27-62 (2026)
Sec. 27-62. Human Trafficking Prevention Committee.LinkCopy Citation
(a)
Members. The Executive must appoint, subject to confirmation by the Council, a Human Trafficking Prevention Committee. The Committee must have 17 voting members and up to 10 ex-officio nonvoting members. At least 9 of the voting members must, when appointed, either reside in or be an employee of the County.
(1)
Voting members. The voting members must broadly reflect the geographic, economic, and social diversity of the County. Each voting member should be associated with an organization involved in addressing some aspect of human trafficking or have a direct interest in an issue related to human trafficking.
(A)
One voting member should be an employee of the Montgomery County Public Schools.
(B)
One voting member should be an employee of the County State’s Attorney’s Office.
(C)
One voting member should be a member of the Montgomery County Judiciary.
(D)
One voting member should be an employee of the County Sheriff’s Office.
(E)
One voting member should be a designee of the County Council.
(F)
One voting member should be an employee of the County Police Department.
(G)
One voting member should be an employee of the County Department of Health and Human Services.
(H)
One voting member should be an employee of the County Office of Intergovernmental Relations.
(I)
One voting member should be an employee of the County Department of Correction and Rehabilitation.
(J)
One voting member should be a member of the County’s Commission for Women.
(K)
One voting member should be a member of the Criminal Justice Coordinating Commission.
(L)
Two voting members should be from two different advocacy organizations.
(M)
One voting member should be an owner or employee of a non-profit service provider.
(N)
One voting member should be an academic advisor.
(O)
Two voting members should be a public member with a direct interest in the prevention of human trafficking.
(2)
Nonvoting members.
(A)
The Committee must also include the following ex officio nonvoting members:
(i)
the Council President or the President’s designee;
(ii)
the County Executive or the Executive’s designee;
(iii)
the Director of the Department of Permitting Services or the Director’s designee;
(iv)
the Director of the Commission on Human Rights or the Director’s designee; and
(v)
the Director of the Office of Community Partnerships or the Director’s designee.
(B)
The Committee may also include the following ex officio nonvoting members:
(i)
One Senator or the Senator’s designee from the Montgomery County Delegation selected by the Chair of the County’s Senate Delegation;
(ii)
One Delegate or the Delegate’s designee from the Montgomery County Delegation selected by the Chair of the County’s House Delegation; and
(iii)
the President or the President’s designee of an appropriate health care agency located in the County that serves victims of human trafficking.
(3)
Term. Each voting member serves a 3-year term. A voting member must not serve more than 2 consecutive full terms. A member appointed to fill a vacancy serves the rest of the unexpired term. Members continue in office until their successors are appointed and qualified.
(4)
Compensation. Voting and nonvoting members must receive no compensation for their services.
(5)
Removal. The Executive, with the consent of the Council, may remove a member for neglect or inability to perform the duties of the office, misconduct in office, or a serious violation of law. Before the Executive removes a member, the Executive must give the member notice of the reason for removal and a reasonable opportunity to reply.
(b)
Chair and Vice Chair. The Committee must annually elect one voting member as chair and another as vice chair, and may elect other officers.
(c)
Meetings. The Committee may meet at the call of the chair as often as required to perform its duties, but at least six times each year. The Committee must also meet if a majority of the voting members submit a written request for a meeting to the chair at least 7 days before the proposed meeting. A majority of the voting members are a quorum for the transaction of business, and a majority of voting members present at any meeting with a quorum may take an action.
(d)
Staff. The Commission for Women must provide the Committee with staff, offices, and supplies as are appropriate for it.
(e)
Duties. The Committee must:
(1)
adopt rules and procedures as necessary to perform its functions;
(2)
keep a record of its activities and minutes of all meetings, which must be kept on file and open to the public during business hours upon request;
(3)
develop and distribute information about human trafficking in the County;
(4)
promote educational activities that increase the understanding of human trafficking in the County;
(5)
develop and recommend interagency coordinated strategies for reducing human trafficking in the County;
(6)
advise the Council, the Executive, County agencies, and State elected officials about human trafficking in the County, and recommend policies, programs, legislation, or regulations necessary to reduce human trafficking;
(7)
submit an annual report by October 1 of each year to the Executive and Council on the activities of the Committee, including the source and amount of any contributions received to support the activities of the Committee; and
(8)
establish three subcommittees: the Legislative Subcommittee; the Victim Services Subcommittee; and the Education and Outreach Subcommittee.
(f)
Advocacy. The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.
Article IX. Committee Against Hate/Violence.
Montgomery County, Md., Code § 27-63 (2026)
Sec. 27-63. Committee Against Hate/Violence.LinkCopy Citation
(a)
Members. The County Executive must appoint, subject to confirmation by the County Council, a Committee Against Hate/Violence. The Committee consists of 15 voting members and 6 ex- officio nonvoting members. Each voting member must, when appointed, reside in the County.
(1)
Voting members. The voting members must broadly reflect the geographic, economic, and social diversity of the County.
(A)
At least 9 voting members should be identified with ethnic or other groups in the County frequently subject to acts of hate/violence.
(B)
At least 2 voting members should be parents of school-age children.
(C)
At least one voting member should be identified with the County business community.
(2)
Nonvoting members. The County Council, County Executive, Department of Police, Commission on Human Rights, Montgomery County Public Schools, and Montgomery College, should each designate an ex-officio nonvoting member of the Committee.
(3)
Term. Each voting member serves a 3-year term. A voting member must not serve more than 2 consecutive full terms. A member appointed to fill a vacancy serves the rest of the unexpired term. Members continue in office until their successors are appointed and qualified.
(4)
Compensation. Voting members receive no compensation for their services.
(5)
Removal. The County Executive, with the consent of the County Council, may remove a voting member for neglect of or inability to perform the duties of the office, misconduct in office, or serious violation of law. Before the Executive removes a member, the Executive must give the member notice of the reason for removal and a fair opportunity to reply. Section 2-148(c) applies only to voting members of the Commission.
(b)
Chair and Vice Chair. The Committee must annually elect one voting member as chair and another as vice chair, and may elect other officers.
(c)
Meetings. The Committee meets at the call of the chair as often as required to perform its duties, but at least 10 times each year. The Committee must also meet if a majority of the voting members file a written request for a meeting with the chair at least 7 days before the proposed meeting. A majority of the voting members are a quorum for the transaction of business, and a majority of the voting members present at any meeting may take any official action.
(d)
Staff. The Office of the Commission on Human Rights must provide the Committee with staff, offices, and supplies as are appropriated for it.
(e)
Duties. The Committee must:
(1)
adopt rules and procedures as necessary to perform its functions;
(2)
keep a record of its activities and minutes of all meetings, which must be kept on file and open to the public during business hours upon request;
(3)
develop and distribute information about hate/violence in the County;
(4)
promote educational activities that demonstrate the positive value of ethnic and social diversity in the County;
(5)
advise the County Council, the County Executive, and County agencies about hate/violence in the County, and recommend policies, programs, legislation, or regulations necessary to reduce the incidence of acts of hate/violence;
(6)
submit an annual report by October 1 to the Executive and Council on the activities of the Committee, including the source and amount of any contribution received to support the activities of the Committee; and
(7)
establish a subcommittee, with members designated by the Executive under Section 27-26(a)(4), to manage the Partnership Fund for Victims of Hate/Violence.
(f)
Contributions. The Committee may solicit and accept contributions from public and private sources to support the activities of the Committee notwithstanding any provision of Chapter 19A to the contrary. Committee staff must not solicit or accept contributions for the Committee, but may be assigned administrative tasks related to Committee fundraising.
(g)
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.
Article X. Displaced Service Workers Protection Act.
Montgomery County, Md., Code § 27-64 (2026)
Sec. 27-64. Definitions.LinkCopy Citation
(a)
As used in this Article:
Awarding authority means any person that awards or enters into a service contract or subcontract with a contractor to be performed in the County. Awarding authority includes the County, but does not include a Federal, State, or municipal government, or a common ownership community, as defined in Section 10B-2(b).
Contractor means any person, including a subcontractor, which enters into a service contract to be performed in the County and employs more than 20 service employees in the entire company.
Director means the Executive Director of the Office of Human Rights and includes the Executive Director’s designee.
Person means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ persons or enter into a service contract.
Service contract means a contract between an awarding authority and a contractor to provide security, janitorial, building maintenance, food preparation, or non-professional health care services in a facility located in the County which is used as a:
(1)
private school;
(2)
hospital, nursing care facility, or other health care provider;
(3)
institution, such as a museum, convention center, arena, airport, or music hall;
(4)
multi-family residential building or complex with more than 30 units; or
(5)
commercial building or office building occupying more than 75,000 square feet.
Service contract also includes a contract awarded by the County for residential solid waste, recycling, or yard waste collection and disposal.
Service employee means an individual employed on a full or part-time basis by a contractor as a:
(1)
building service employee, including a janitor, security officer, groundskeeper, door staff, maintenance technician, handyman, superintendent, elevator operator, window cleaner, or building engineer;
(2)
food service worker, including a cafeteria attendant, line attendant, cook, butcher, baker, server, cashier, catering worker, dining attendant, dishwasher, or merchandise vendor;
(3)
non-professional employee performing health care or related service; or
(4)
a driver, helper, or mechanic performing services on a County contract for residential solid waste, recycling, or yard waste collection and disposal.
Service employee 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 $30 per hour; or
(4)
an employee who is regularly scheduled to work less than 10 hours per week.
Successor contractor means a contractor that:
(1)
is awarded a service contract to provide, in whole or in part, services that are substantially similar to those provided at any time during the previous 90 days;
(2)
has purchased or acquired control of a property located in the County where service employees were employed at any time during the previous 90 days; or
(3)
terminates a service contract and hires service employees as its direct employees to perform services that are substantially similar, within 90 days after a service contract is terminated or cancelled.
(b)
This Article does not limit the ability of an awarding authority to terminate a service contract or replace a contractor with another contractor.
Montgomery County, Md., Code § 27-65 (2026)
Sec. 27-65. Transition employment period.LinkCopy Citation
(a)
Awarding authority. At least 15 days before a service contract is terminated, an awarding authority must:
(1)
request the terminated contractor to give the successor contractor a complete list of the name, date of hire, and job classification of each service employee working on the service contract;
(2)
give the successor contractor a complete list of the name, date of hire, and job classification of each service employee of the terminated contractor working on the service contract;
(3)
notify the collective bargaining representative, if any, of the affected service employees of the pending termination of the service contract; and
(4)
ensure that the terminated contractor conspicuously posts, at any affected work site, a written notice to all affected service employees describing the pending termination of the service contract and the employee rights provided by this Article.
(5)
Where the County is the awarding authority in this Section:
(A)
terminated or cancelled means a termination for default, termination for convenience, or mutual termination as defined in Chapter 11B and the County procurement regulations; and
(B)
this Section does not apply to a County service contract awarded by an emergency procurement or direct purchase as defined in Chapter 11B and the County procurement regulations.
(b)
Successor contractor.
(1)
Subject to paragraphs (3) and (4), each successor contractor must offer to retain each affected service employee at an affected site for 90 days or until the successor contract is terminated, whichever is earlier.
(2)
Each successor contractor must give each affected service employee a written offer of employment for the 90 day transition period and send a copy to the employee’s collective bargaining representative, if any. Each offer must:
(A)
state the date by which the service employee must accept the offer; and
(B)
allow the employee at least 10 days after receiving the notice to accept the offer.
(3)
Each successor contractor may:
(A)
offer employment to less than all of the affected service employees during the 90 day transition period if the successor contractor:
(i)
finds that fewer service employees are required to perform the work than the terminated contractor had employed;
(ii)
maintains a preferential hiring list of those employees not retained; and
(iii)
hires any additional service employees from the list until all affected service employees have been offered employment; and
(B)
refuse to retain a service employee who fails a pre-employment ineligibility test administered by the successor contractor if the successor contractor:
(i)
routinely requires all service employees to undergo the ineligibility test as a condition of employment; and
(ii)
adopted the ineligibility test as part of a written employment policy prior to bidding on the successor contract.
(4)
Notwithstanding any other provision in this Subsection, a successor contractor awarded a County contract for residential solid waste, recycling, or yard waste collection and disposal must offer employment to the affected service employees during the 90 day transition period only to the extent the successor contractor needs to hire new employees to perform work on the contract.
(5)
Each successor contractor must not discharge a service employee retained under this Section without just cause during the transition period.
Montgomery County, Md., Code § 27-66 (2026)
Sec. 27-66. Enforcement.LinkCopy Citation
A service employee who was not offered employment or who was discharged during the transition period in violation of this Article, may file a complaint with the Director under Section 27-7.
Article Xi. County Minimum Wage.
Montgomery County, Md., Code § 27-67 (2026)
Sec. 27-67. Findings and definitions.LinkCopy Citation
(a)
Findings.
(1)
Many persons employed in the County are paid wages which are insufficient to sustain minimum standards of living in the County.
(2)
Minimum standards of living in the County are higher than the minimum standards of living in many other areas of the State.
(3)
Minimum wage standards in the County are necessary to:
(A)
promote the health and welfare of County residents;
(B)
safeguard employers and employees against unfair competition;
(C)
increase the stability of industry in the County;
(D)
increase the buying power of employees in the County; and
(E)
decrease the need for the County to spend public money for the relief of employees who also live in the County.
(b)
Definitions. As used in this Article:
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.
Employee means any person permitted or instructed to work or be present by an employer in the County and who is an employee subject to the minimum wage requirements of the Federal Act or the State Act.
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 1 or more persons in the County in addition to the owners. Employer includes the County government, but does not include the United States, any State, or any other local government.
Federal Act means the federal Fair Labor Standards Act of 1938, as amended.
State Act means the Maryland Wage and Hour Law, as amended.
Wage means all compensation that is due to an employee for employment.
Montgomery County, Md., Code § 27-68 (2026)
Sec. 27-68. Minimum wage required.LinkCopy Citation
(a)
County minimum wage. Except as provided in subsections (c) and (d), an employer must pay wages to each employee for work performed in the County at least the greater of:
(1)
the minimum wage required for that employee under the Federal Act;
(2)
the minimum wage required for that employee under the State Act; or
(3)
$15.00 per hour plus any annual adjustments under subsection (b).
(b)
Annual adjustment. The Chief Administrative Officer must adjust the minimum wage rate required under Subsection (a)(3), effective July 1, 2022, and July 1 of each subsequent year, by the annual average increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for Washington-Baltimore, or a successor index, for the previous calendar year. The Chief Administrative Officer must calculate the adjustment to the nearest multiple of five cents, and must publish the amount of this adjustment not later than March 1 of each year.
(c)
Exclusions. The County minimum wage does not apply to an employee who:
(1)
is exempt from the minimum wage requirements of the State or Federal Act; or
(2)
is under the age of 19 years and is employed no more than 20 hours per week.
(d)
Opportunity wage. An employer may pay a wage equal to 85% of the County minimum wage to an employee under the age of 20 years for the first six months that the employee is employed.
(e)
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.
(a)
until July 1, 2022, for a large employer as defined in subsection (d):
(1)
effective July 1, 2018, $12.25 per hour;
(2)
effective July 1, 2019, $13.00 per hour;
(3)
effective July 1, 2020, $14.00 per hour; and
(4)
effective July 1, 2021, $15.00 per hour.
(b)
until the minimum wage under this subsection is equal to the minimum wage required under Section 27-68, for a mid-sized employer as defined in subsection (d):
(1)
effective July 1, 2018, $12.00 per hour;
(2)
effective July 1, 2019, $12.50 per hour;
(3)
effective July 1, 2020, $13.25 per hour;
(4)
effective July 1, 2021, $14.00 per hour;
(5)
effective July 1, 2022, $14.50 per hour;
(6)
effective July 1, 2023, $15.00 per hour; and
(7)
effective July 1, 2024 until it is equal to the minimum wage required under Section 27-68, the minimum wage required under this subsection must be adjusted each year, to the nearest multiple of five cents, by:
(A)
the annual average increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for Washington-Baltimore, or a successor index, for the previous calendar year; plus
(B)
if the increase under subparagraph (A) is less than $0.50, one percent of the minimum wage required for the prior year, up to a total increase of $0.50.
(c)
until the minimum wage under this subsection is equal to the minimum wage required under Section 27-68, for a small employer as defined in subsection (d):
(1)
effective July 1, 2018, $12.00 per hour;
(2)
effective July 1, 2019, $12.50 per hour;
(3)
effective July 1, 2020, $13.00 per hour;
(4)
effective July 1, 2021, $13.50 per hour;
(5)
effective July 1, 2022, $14.00 per hour;
(6)
effective July 1, 2023, $14.50 per hour;
(7)
effective July 1, 2024, $15.00 per hour; and
(8)
effective July 1, 2025 until it is equal to the minimum wage required under Section 27-68, the minimum wage required under this subsection must be adjusted each year, to the nearest multiple of five cents, by:
(A)
the annual average increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for Washington-Baltimore, or a successor index, for the previous calendar year; plus
(B)
if the increase under subparagraph (A) is less than $0.50, one percent of the minimum wage required for the prior year, up to a total increase of $0.50.
(d)
In this Section:
(1)
large employer means an employer who employs 51 or more employees;
(2)
mid-sized employer means:
(A)
an employer who employs between 11 and 50 employees; or
(B)
an employer who employs 11 or more employees and:
(i)
has tax exempt status under Section 501(c)(3) of the Internal Revenue Code; or
(ii)
provides “home health services” as defined by 42 C.F.R. § 440.70 or “home or community-based services” as defined by 42 C.F.R. § 440.180, and receives at least 75% of gross revenues through state and federal Medicaid programs.
(3)
small employer means an employer who employs 10 or fewer employees.
(e)
For the purposes of subsections (a), (b), and (c), an employer’s number of employees must be calculated based upon the employer’s average number of employees per calendar week during the preceding calendar year for any and all weeks during which at least one employee worked for compensation. For employers that did not have any employees during the preceding calendar year, the employer’s number of employees must be calculated based upon the average number of employees who worked for compensation per calendar week during the first 90 calendar days of the current year in which the employer engaged in business. An employer’s number of employees must be calculated at the time the employer first becomes subject to this Act, and that employer remains subject to the applicable schedule under subsection (a), (b), or (c), regardless of the number of employees employed by the employer in subsequent years.
(f)
(1)
On or before January 31 of each year beginning in 2018 through 2024, to ensure that economic conditions can support a minimum wage increase scheduled under Section 2 of this Act, the Director of Finance must make a determination and certify to the Executive and Council whether each of the following conditions is met:
(A)
total private employment for Montgomery County decreased by 1.5% over the period from April 1 to June 30 of the previous year. The calculation must compare total private employment in June to total private employment in April, as reported by the Maryland State Department of Labor, Licensing, and Regulation’s Quarterly Census of Employment and Wages data series;
(B)
total private employment for Montgomery County decreased by 2.0% over the period from January 1 to June 30 of the previous year. The calculation must compare total private employment in June to total private employment in January, as reported by the Maryland State Department of Labor, Licensing, and Regulation’s Quarterly Census of Employment and Wages data series;
(C)
the Gross Domestic Product of the United States, as published by the U.S. Department of Commerce, has experienced negative growth for the preceding two quarters; and
(D)
the National Bureau of Economic Research has determined that the United States economy is in recession.
(2)
If, in any year, the Director of Finance certifies that a condition in subparagraphs (A) through (D) of paragraph (1) is met, the Executive may, on or before February 10 of that year, temporarily suspend the minimum wage increases scheduled under subsections (a), (b), and (c) of Section 2 of this Act for that year.
(3)
If the Executive temporarily suspends the scheduled minimum wage increases for a year, all dates specified in subsections (a), (b), and (c) that follow the temporary suspension must be postponed by an additional year.
(4)
The Executive must not temporarily suspend scheduled minimum wage increases under this Section more than two times.
Montgomery County, Md., Code § 27-69 (2026)
Sec. 27-69. Tipped employees.LinkCopy Citation
(a)
Definition. As used in this Section, tipped employee means:
(1)
an employee who:
(A)
is engaged in an occupation in which the employee customarily and regularly receives more than $30 each month in tips;
(B)
has been informed by the employer about the provisions of this Section; and
(C)
has kept all of the tips that the employee received.
(2)
Notwithstanding paragraph (1)(C), this Section does not prohibit the pooling of tips.
(b)
Computation of wage. Except as provided in subsection (c), an employer may include, as part of the wage of a tipped employee:
(1)
an amount that the employer sets to represent the tips of the employee; or
(2)
if the employee or representative of the employee satisfies the Director that the employee received a lesser amount in tips, the lesser amount.
(c)
Limit. The tip credit amount that the employer may include under subsection (b) must not exceed the County minimum wage less $4.00 per hour.
(d)
Reports. An employer who employs a tipped employee in the County must submit a quarterly wage report within 30 days after the end of each quarter to the Director certifying that each tipped employee was paid the minimum wage required by this Section.
(e)
Online reporting system. The executive must establish an internet based reporting system as an optional method for an employer of a tipped employee to submit the quarterly wage report required by subsection (d).
Montgomery County, Md., Code § 27-70 (2026)
Sec. 27-70. Enforcement.LinkCopy Citation
(a)
A covered employee who was paid a wage rate less than the County minimum wage in violation of this Article may file a complaint with the Director under Section 27-7.
(b)
The County Executive must delegate the authority to enforce this Article to a State agency that:
(1)
enforces the State Act; and
(2)
is legally authorized to enforce the County minimum wage.
(a)
effective October 1, 2014, $8.40 per hour;
(b)
effective October 1, 2015, $9.55 per hour; and
(c)
effective July 1, 2016, $10.75 per hour."
(a)
effective October 1, 2014, $8.40 per hour;
(b)
effective October 1, 2015, $9.55 per hour; and
(c)
effective October 1, 2016, $10.75 per hour.”
Article Xii. Fair Criminal Record Screening Standards.
Montgomery County, Md., Code § 27-71 (2026)
Sec. 27-71. Findings and purpose; definitions.LinkCopy Citation
(a)
Findings.
(1)
The U.S. Department of Justice’s Bureau of Justice Statistics (BJS) estimates that over 92 million Americans, roughly one in three adults, have a criminal history record involving an arrest or conviction.
(2)
According to the BJS, nearly 700,000 people a year return to their communities from incarceration, and many are job seekers who are ready and able to become part of the work force.
(3)
Studies indicate that job applicants are often precluded from even getting an interview when applications require disclosure of whether the applicant has a criminal record.
(4)
Lack of employment is a significant cause of recidivism, which threatens public safety and disrupts the financial and general stability of affected families and communities.
(5)
Increased government expenditures on law enforcement and social programs, necessitated by the inability of people with criminal records to find gainful employment, are an impediment to the County reaching its potential for economic growth.
(6)
Increasing employment of people with criminal records improves public safety and reduces the financial burden on government.
(7)
In 2012, the United States Equal Employment Opportunity Commission (EEOC) issued enforcement guidance regarding employers’ use of criminal background information in making employment-related decisions, recommending that the use of such information is job related and consistent with business necessity.
(b)
Purpose. It is the purpose of this Article to:
(1)
assist in the successful reintegration into the workforce of people with criminal records by removing improper barriers to employment; and
(2)
enhance the health and safety of the community by assisting people with criminal records to lawfully provide for themselves and their families.
(c)
Definitions. As used in this Article:
Applicant means a person who is considered or who requests to be considered for employment in the County by an employer or a current employee who requests to be considered for a promotion.
Arrest record means information indicating that a person has been apprehended, detained, taken into custody, held for investigation, or otherwise restrained by a law enforcement agency or military authority due to an accusation or suspicion that the person committed a crime.
Conditional offer means an offer of employment or an offer of a promotion that is conditioned solely on:
(1)
the results of the employer’s later inquiry into the applicant’s criminal record; or
(2)
another contingency expressly communicated to the applicant at the time of the offer.
Conviction record means information regarding a sentence arising from a verdict or plea of guilty or nolo contendre, including a sentence of incarceration, a fine, a suspended sentence, and a sentence of probation.
Criminal record report means a record of a person’s arrest and conviction history obtained from any source.
Director means the Executive Director of the Office of Human Rights and includes the Executive Director’s designee.
Employee means a person permitted or instructed to work or be present by an employer in the County.
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 1 or more persons in the County. Employer includes the County government, but does not include the United States, any State, or any other local government.
Employment means:
(1)
any work for compensation; and
(2)
any form of vocational or educational training, with or without compensation.
Inquiry or Inquire means any direct or indirect conduct intended to gather information, using any mode of communication.
Inquiry or Inquire does not include:
(1)
a question about an applicant’s conviction record or arrest record when the existence of the record is disclosed by the applicant voluntarily and not in response to a question by the employer; or
(2)
a question about an applicant’s employment history shown on the application or the applicant’s resume.
Vulnerable adult means an adult who lacks the physical or mental capacity to provide for his or her own daily needs.
Montgomery County, Md., Code § 27-72 (2026)
Sec. 27-72. Prohibited inquiries; retaliation.LinkCopy Citation
(a)
Inquiry on application. An employer must not require an applicant or potential applicant to disclose on an employment application the existence or details of the applicant’s or potential applicant’s arrest record or conviction record.
(b)
Preliminary inquiry into criminal record. In connection with the proposed employment of an applicant, an employer must not, at any time before the extension of a conditional offer to the applicant:
(1)
require the applicant to disclose whether the applicant has an arrest record or conviction record, or otherwise has been accused of a crime;
(2)
conduct a criminal record check on the applicant; or
(3)
inquire of the applicant or others about whether the applicant has an arrest record or conviction record or otherwise has been accused of a crime.
(c)
Prohibition against inquiry into certain criminal records. In connection with the proposed employment of an applicant, an employer must not at any time require an applicant to disclose, conduct a criminal record check to determine, or otherwise inquire of the applicant or others, whether:
(1)
the applicant has been arrested for, or has an arrest record for, a matter that did not result in a conviction; or
(2)
the applicant has an arrest record or a conviction record for, or otherwise has been accused of:
(A)
a first conviction of:
(i)
trespass under §§ 6-402 or 6-403 of the Criminal Law Article of the Maryland Code; or
(ii)
disturbance of the peace under § 10-201 of the Criminal Law Article of the Maryland Code;
(B)
a conviction of a misdemeanor if at least 3 years have passed since:
(i)
the date of the conviction; and
(ii)
the date that any period of incarceration for the misdemeanor ended; or
(C)
a matter for which records:
(i)
are confidential under § 3-8A-27 of the Courts and Judicial Proceedings Article of the Maryland Code; or
(ii)
have been expunged under §§ 10-101 – 10-110 of the Criminal Procedure Article of the Maryland Code.
(d)
Consideration of Certain Records Prohibited. An employer must not base a hiring or promotion decision upon any item in an arrest record or a conviction record described under subsection (c).
(e)
Retaliation. An employer must not:
(1)
retaliate against any person for:
(A)
lawfully opposing any violation of this Article;
(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.
Montgomery County, Md., Code § 27-73 (2026)
Sec. 27-73. Rescission of a conditional offer based on criminal record.LinkCopy Citation
(a)
If an employer intends to rescind a conditional offer based on an item or items in the applicant’s arrest record or conviction record, before rescinding the conditional offer the employer must:
(1)
provide the applicant with a copy of any criminal record report;
(2)
notify the applicant of the intention to rescind the conditional offer and the items that are the basis for the intention to rescind the conditional offer; and
(3)
delay rescinding the conditional offer for 7 days to permit the applicant to give the employer notice of inaccuracy of an item or items on which the intention to rescind the conditional offer is based.
(b)
If an employer decides to rescind a conditional offer based on the arrest record or conviction record of an applicant, the employer must notify the applicant of the rescission of the conditional offer in writing.
(c)
Except as provided in this Section regarding the rescission of a conditional offer, nothing in this Article requires an employer to give notice to an applicant of any action of the employer or the basis for any action.
Montgomery County, Md., Code § 27-74 (2026)
Sec. 27-74. Exemptions.LinkCopy Citation
(a)
The prohibitions and requirements of this Article do not apply if the inquiries prohibited by this Article are expressly authorized by an applicable federal, State, or County law or regulation.
(b)
The prohibitions and requirements of this Article do not apply to the County Police Department, the County Fire and Rescue Service, or the County Department of Corrections and Rehabilitation.
(c)
The prohibitions and requirements of this Article do not apply to an employer that provides programs, services, or direct care to minors or vulnerable adults.
(d)
The prohibitions and requirements of this Article do not apply to an employer hiring for a position that requires a federal government security clearance.
Montgomery County, Md., Code § 27-75 (2026)
Sec. 27-75. Enforcement and Regulations.LinkCopy Citation
(a)
A person aggrieved by an alleged violation of this Article may file a complaint with the Director under Section 27-7.
(b)
The Executive must adopt Method (2) regulations to implement the provisions of this Article, including regulations necessary to inform prospective employees and employers of their rights and responsibilities under Section 27-72.
Article Xiii. Earned Sick and Safe Leave.
Montgomery County, Md., Code § 27-76 (2026)
Sec. 27-76. Findings and Definitions.LinkCopy Citation
(a)
Findings.
(1)
Many persons employed in the County do not receive earned sick and safe leave.
(2)
The absence of earned sick and safe leave often results in the unnecessary spread of disease in the County when:
(A)
an employee without earned sick and safe leave is forced to work while ill; or
(B)
a parent without earned sick and safe leave is forced to send a sick child to day care or school.
(3)
Minimum standards for earned sick and safe leave in the County are necessary to:
(A)
promote the health and welfare of County residents;
(B)
safeguard employers and employees against unfair competition;
(C)
increase the stability of industry in the County; and
(D)
decrease the need for the County to spend public money for the relief of employees who also live in the County.
(b)
Definitions. As used in this Article:
Abuse has the meaning defined in Section 4-501 of the Family Law Article of the Maryland Code, as amended.
Director means the Executive Director of the Office of Human Rights and includes the Executive Director’s designee.
Domestic violence means abuse against a person eligible for relief.
Earned sick and safe leave means paid leave away from work that is provided by an employer under §27-77 and can be used for the purposes described in §27-79. Earned sick and safe leave includes paid time off that can be used by the employee for any purpose.
Employ means to engage a person to work for compensation.
Employee means any person permitted or instructed to work or be present by an employer in the County, including a domestic worker as defined in Section 11-4B(b). Employee does not include:
(1)
an individual who:
(A)
does not have a regular work schedule with the employer;
(B)
contacts the employer for work assignments and is scheduled to work the assignments within 48 hours after contacting the employer;
(C)
has no obligation to work for the employer if the individual does not contact the employer for work assignments; and
(D)
is not employed by a temporary placement agency;
(2)
an individual who regularly works 8 hours or less each week; or
(3)
an individual who is an independent contractor.
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 1 or more persons in the County in addition to the owners. Employer includes the County government, but does not include the United States, any State, or any other local government.
Family member means:
(1)
a biological child, adopted child, foster child, or stepchild of the employee;
(2)
a child for whom the employee has legal or physical custody or guardianship;
(3)
a child for whom the employee is the primary caregiver;
(4)
a biological parent, adoptive parent, foster parent, or stepparent of the employee or the employee’s spouse;
(5)
the legal guardian of the employee;
(6)
an individual who served as the primary caregiver of the employee when the employee was a minor;
(7)
the spouse of the employee;
(8)
a grandparent of the employee;
(9)
the spouse of a grandparent of the employee;
(10)
a grandchild of the employee;
(11)
a biological, adopted, or foster sibling of the employee; or
(12)
the spouse of a biological, adopted, or foster sibling of the employee.
Health care provider means an individual licensed under State law to provide medical services.
Person eligible for relief has the meaning stated in Section 4-501 of the Family Law Article of the Maryland Code, as amended.
Sexual assault means:
(1)
rape, sexual offense, or any other act that is a sexual crime under Title 3, Subtitle 3 of the Criminal Law Article of the Maryland Code, as amended;
(2)
child sexual abuse under Section 3-602 of the Criminal Law Article of the Maryland Code, as amended; or
(3)
sexual abuse of a vulnerable adult under Section 3-604 of the Criminal Law Article of the Maryland Code, as amended.
Stalking has the meaning stated in Section 3-802 of the Criminal Law Article of the Maryland Code, as amended.
Tipped employee means an employee who:
(1)
is engaged in an occupation in which the employee customarily and regularly receives more than $30 each month in tips;
(2)
has been informed by the employer about the provisions of this Section; and
(3)
has kept all of the tips that the employee received.
Montgomery County, Md., Code § 27-77 (2026)
Sec. 27-77. Earned Sick and Safe Leave Required.LinkCopy Citation
(a)
Earned sick and safe leave. An employer must provide each employee earned sick and safe leave for work performed in the County paid at the same rate and with the same benefits as the employee normally earns. A tipped employee must be paid at least the County minimum wage required under Section 27-68 for each hour the employee uses earned sick and safe leave. An employer with fewer than 5 employees must provide each employee with both paid and unpaid sick and safe leave for work performed in the County as required in subsection (c). An employee must accrue paid leave before accruing unpaid leave in a calendar year.
(b)
Rate of accrual for an employer with 5 or more employees. The paid earned sick and safe leave provided under subsection (a) must accrue at a rate of at least 1 hour for every 30 hours an employee works in the County, except an employer with 5 or more employees must not be required to allow an employee to:
(1)
earn more than 56 hours of earned sick and safe leave in a calendar year; or
(2)
use more than 80 hours of earned sick and safe leave in a calendar year.
(c)
Rate of accrual for an employer with fewer than 5 employees. The earned sick and safe leave provided under subsection (a) must accrue at a rate of at least 1 hour for every 30 hours an employee works in the County, except an employer with fewer than 5 employees must not be required to allow an employee to:
(1)
earn more than 32 hours of paid earned sick and safe leave and 24 hours of unpaid earned sick and safe leave in a calendar year; or
(2)
use more than 80 hours of earned sick and safe leave in a calendar year.
(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.
Montgomery County, Md., Code § 27-78 (2026)
Sec. 27-78. Minimum Earned Sick and Safe Leave Standards.LinkCopy Citation
(a)
An employer may award earned sick and safe leave as the leave accrues during the calendar year or may award the full amount that an employee would earn over the entire calendar year at the beginning of a calendar year.
(b)
To calculate the rate of accrual of earned sick and safe leave for an employee who is exempt from the overtime provisions of the Federal Fair Labor Standards Act, the employer must assume the employee worked the number of hours worked in a normal workweek up to 40 hours each workweek.
(c)
Unless an employer awards the full amount of earned sick and safe leave that the employee would earn over the entire calendar year at the beginning of a calendar year, an employer must permit an employee to carry the balance of any unused earned sick and safe leave over to the next calendar year, but an employer must not be required to permit an employee to carry over more than 56 hours of unused earned sick and safe leave.
(d)
If an employee is allowed to use earned sick and safe leave before it has accrued, or if an employee who receives the full amount of earned sick and safe leave at the beginning of the year and uses more than would have been earned up to that time, the employer may deduct the amount paid for the earned sick and safe leave from the wages paid to the employee on the termination of employment if:
(1)
the employer and employee mutually consented to the deduction as evidenced by a document signed by the employee; and
(2)
the employee leaves the employment of the employer before the employee has accrued the amount of earned sick and safe leave that was used.
(e)
If an employee is rehired by an employer to work in the County within 9 months after leaving the employment, the employer must reinstate any unused earned sick and safe leave that the employee had when the employee left the employment except for when the employee voluntarily leaves work without good cause as defined in MD. LABOR & EMPL. CODE ANN. §8-1001.
(f)
An employer may permit an employee to use earned sick and safe leave before the amount needed by the employee accrues.
(g)
An employer must permit an employee to earn sick and safe leave during an initial 90-day probationary period, but may prohibit an employee from using earned sick and safe leave during an initial 90-day probationary period.
(h)
This Article must not be construed to:
(1)
require an employer to compensate an employee for unused earned sick and safe leave when the employee leaves the employer’s employment;
(2)
prohibit an employer from adopting or retaining a general paid leave policy that meets the minimum requirement of this Article; or
(3)
affect a provision of a contract, a collective bargaining agreement, an employee benefit plan, or any other agreement that requires the employer to provide general paid leave benefits that meet the minimum requirements of this Article.
Montgomery County, Md., Code § 27-79 (2026)
Sec. 27-79. Use of Earned Sick and Safe Leave.LinkCopy Citation
(a)
An employee may use earned sick and safe leave:
(1)
to care for or treat the employee’s mental or physical illness, injury, or condition;
(2)
to obtain preventive medical care for the employee or the employee’s family member;
(3)
to care for a family member with a mental or physical illness, injury, or condition;
(4)
if the employer’s place of business has closed by order of a public official due to a public health emergency;
(5)
if the school or child care center for the employee’s family member is closed by order of a public official due to a public health emergency;
(6)
to care for a family member if a health official or health care provider has determined that the family member’s presence in the community would jeopardize the health of others because of the family member’s exposure to a communicable disease;
(7)
for the birth of a child, or for the placement of a child with the employee for adoption or foster care;
(8)
to care for a newborn, newly adopted, or newly placed child within one year of birth, adoption, or placement; or
(9)
if the absence from work is due to domestic violence, sexual assault, or stalking committed against the employee or the employee’s family member and the leave is used:
(A)
by the employee to obtain for the employee or the employee’s family;
(i)
medical attention needed to recover from a physical or psychological injury due to domestic violence, sexual assault, or stalking;
(ii)
services from a victim services organization related to the domestic violence, sexual assault, or stalking; or
(iii)
legal services, including preparing for or participating in a civil or criminal proceeding related to the domestic violence, sexual assault, or stalking; or
(B)
during the time that the employee has temporarily relocated due to the domestic violence, sexual assault, or stalking.
(b)
To use earned sick and safe leave, an employee must:
(1)
request leave from the employer as soon as practicable after the employee determines that the employee needs to take leave;
(2)
notify the employer of the anticipated duration of the leave; and
(3)
comply with any reasonable procedures established by the employer when requesting and taking leave.
(c)
An employer must not require an employee who requests earned sick and safe leave to search for or find an individual to take the employee’s place while the employee takes leave.
(d)
An employer must not require an employee to:
(1)
disclose specific details of the mental or physical illness, injury, or condition of the employee or the employee’s family member; or
(2)
provide as certification any information that would violate the Federal Social Security Act or the Federal Health Insurance Portability and Accountability Act.
(e)
By mutual consent of the employee and the employer, the employee may work additional hours or trade shifts with another employee during a pay period to make up the amount of work hours that the employee missed for which the employee could have used earned sick and safe leave.
(f)
An employee may take earned sick and safe leave in the smallest increment that the employer’s payroll system uses to account for absences or work time, except that an employee must not be required to take earned sick and safe leave in an increment of more than 4 hours.
(g)
An employer must provide an employee with a written statement of available earned sick and safe leave each time the employer pays wages to the employee. An employer may satisfy this requirement through an online system where the employee can access their own earned sick and safe leave balances.
(h)
An employer may require an employee who uses more than 3 consecutive days of earned sick and safe leave to provide reasonable documentation to verify that the leave was used appropriately.
Montgomery County, Md., Code § 27-80 (2026)
Sec. 27-80. Notice.LinkCopy Citation
(a)
An employer must notify the employees that they are entitled to earned sick and safe leave under this Article.
(b)
The notice must include:
(1)
a statement of how earned sick and safe leave is accrued;
(2)
the permitted uses of earned sick and safe leave;
(3)
a statement that the employer must not retaliate against an employee for exercising the rights granted by this Article; and
(4)
information about the employee’s right to file a complaint with the Director for a violation of any rights granted by this Article.
(c)
The Director must create and publish a model notice in English, Spanish, and any other language that the Director finds is necessary that may be used by an employer to comply with subsection (b).
(d)
An employer may provide notice by:
(1)
displaying the model notice or another notice containing the same information in a conspicuous and accessible area at each of the employer’s work locations in the County;
(2)
including the model notice or another notice containing the same information in an employee handbook or other written guidance distributed to all employees; or
(3)
distributing the model notice or another notice containing the same information to each employee when the employee is hired.
Montgomery County, Md., Code § 27-81 (2026)
Sec. 27-81. Records.LinkCopy Citation
(a)
An employer must keep, for at least 3 years, a record of:
(1)
earned sick and safe leave accrued by each employee; and
(2)
earned sick and safe leave used by each employee.
(b)
After giving the employer notice and determining a mutually agreeable time for the inspection, the Director may inspect a record kept under subsection (a) for the purposes of determining whether the employer is complying with this Article.
Montgomery County, Md., Code § 27-82 (2026)
Sec. 27-82. Enforcement.LinkCopy Citation
(a)
A covered employee who did not receive earned sick and safe leave in violation of this Article may file a complaint with the Director under Section 27-7.
(b)
The County Executive may delegate the authority to enforce this Article to a State agency that is legally authorized to enforce the County earned sick and safe leave requirements.
Article Xiv. Racial Equity and Social Justice Advisory Committee.
Montgomery County, Md., Code § 27-83 (2026)
Sec. 27-83. Racial Equity and Social Justice Advisory Committee.LinkCopy Citation
(a)
Members. The Executive must appoint, subject to confirmation by the Council, a Racial Equity and Social Justice Advisory Committee. The Committee must have 17 voting members.
(1)
Voting members. The members must reflect a range of ethnicities, professional backgrounds, socioeconomic status, and places of origin to reflect the racial, economic, and linguistic diversity of the County’s communities, with an emphasis on those most disproportionately impacted by inequities. Each member should have some experience in redressing disparate impacts based on race and social justice issues.
(A)
One member should be a designee of a public education system in the County.
(B)
One member should be the Chair of the Housing Opportunities Commission or the Chair’s designee.
(C)
One member should be a designee of the County Council.
(D)
One member should be an employee of the County Department of Health and Human Services.
(E)
One member should be an employee of the County Department of Correction and Rehabilitation.
(F)
One member should be a sworn officer of the County Police Department.
(G)
One member should be the Chair of the Montgomery County Planning Board or the Chair’s designee.
(H)
Ten members should be a public member with experience in redressing disparate impacts based on race and social justice issues. Each public member must reside in the County.
(2)
Term. Each member serves a 3-year term. A member must not serve more than 2 consecutive full terms. A member appointed to fill a vacancy serves the rest of the unexpired term. Members continue in office until their successors are appointed and qualified.
(3)
Compensation. Except for the 10 public members, members must receive no compensation for their services. Each of the 10 public members may receive an annual stipend of $2,000.00 and reimbursement for expenses incurred in serving.
(b)
Chair and Vice Chair. The Committee must annually elect one member as chair and another as vice chair and may elect other officers.
(c)
Meetings. The Committee may meet at the call of the chair as often as required to perform its duties, but at least 6 times each year. The Committee must also meet if a majority of the members submit a written request for a meeting to the chair at least 7 days before the proposed meeting. A majority of the members are a quorum for the transaction of business, and a majority of members present at any meeting with a quorum may take an action.
(d)
Staff. The Office of Racial Equity and Social Justice must provide the Committee with staff, offices, and supplies as are appropriate.
(e)
Duties. The Committee must:
(1)
adopt rules and procedures as necessary to perform its functions;
(2)
keep a record of its activities and minutes of all meetings, which must be kept on file and open to the public during business hours upon request;
(3)
develop and distribute information about racial equity and social justice in the County;
(4)
promote educational activities that increase the understanding of racial equity and social justice in the County;
(5)
recommend coordinated strategies for reducing racial and social justice inequity in the County;
(6)
advise the Council, the Executive, and County agencies about racial equity and social justice in the County, and recommend policies, programs, legislation, or regulations necessary to reduce racial and social justice inequity;
(7)
meet periodically with the racial equity and social justice lead for each department and office; and
(8)
submit an annual report by December 1 of each year to the Executive and Council on the activities of the Committee.
(f)
Advocacy. The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.
(g)
The Executive may establish one or more limited issue task forces to study and make recommendations on a specific racial equity and social justice issue. A limited issue task force established by the Executive ceases to exist once it has completed its assigned task. The appointment of members of a limited issue task force must not be subject to confirmation by the Council. Each recommendation of a limited issue task force must be shared with the Council, the Executive, and the Racial Equity and Social Justice Advisory Committee.
Transition and Effective Date.
(a)
The first report of the Office of Racial Equity and Social Justice required in Section 1 must be submitted to the Council on or before September 30, 2020 and the first report of the Racial Equity and Social Justice Committee required in Section 1 must be submitted to the Executive and the Council on or before December 1, 2020.
(b)
Section 2-81C as added by Section 1 of this Act takes effect on August 1, 2020.
Article Xv. Minimum Work Week for Building Maintenance Workers.
Montgomery County, Md., Code § 27-84 (2026)
Sec. 27-84. Definitions.LinkCopy Citation
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.
Montgomery County, Md., Code § 27-85 (2026)
Sec. 27-85. Minimum work week; enforcement.LinkCopy Citation
(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.
Article Xvi. Employee Health Care Privacy.
Montgomery County, Md., Code § 27-86 (2026)
Sec. 27-86. Prospective Employees – Health Care Privacy.LinkCopy Citation
(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.