(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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.

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.

(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.

(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.

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.

(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).

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.

(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.