In this subtitle the following words have the meanings indicated. “Disability” means: a physical disability, infirmity, malformation, or disfigurement that is caused by bodily injury, birth defect, or illness, including epilepsy; or a mental impairment or deficiency; a record of having a physical or mental impairment as otherwise defined under this subsection; or being regarded as having a physical or mental impairment as otherwise defined under this subsection. “Disability” includes: any degree of paralysis, amputation, or lack of physical coordination; blindness or visual impairment; deafness or hearing impairment; muteness or speech impediment; and physical reliance on a service animal, wheelchair, or other remedial appliance or device; and intellectual and any other mental impairment or deficiency that may have necessitated remedial or special education and related services. “Employee” means: an individual employed by an employer; or an individual working as an independent contractor for an employer. Unless the individual is subject to the State or local civil service laws, “employee” does not include: an individual elected to public office; an appointee on the policy making level; or an immediate adviser with respect to the exercise of the constitutional or legal powers of an elected office. “Employer” means: a person that: is engaged in an industry or business; and has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year; or if an employee has filed a complaint alleging harassment, has one or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year; and an agent of a person described in item (i) of this paragraph. “Employer” includes the State to the extent provided in this title. Except for a labor organization, “employer” does not include a bona fide private membership club that is exempt from taxation under § 501(c) of the Internal Revenue Code. “Employment agency” means: a person that regularly undertakes with or without compensation to procure: employees for an employer; or opportunities for employees to work for an employer; and an agent of a person described in item (i) of this paragraph. Except for the United States Employment Service and the system of State and local employment services receiving federal assistance, “employment agency” does not include a unit of the United States, the State, or a political subdivision of the State. “Fire and rescue public safety employee” means a firefighter, an emergency medical technician, a cardiac rescue technician, or a paramedic employed by: a municipal corporation; a county; the State; the State Airport Authority; or a fire control district. “Genetic information” has the meaning stated in § 27–909(a)(3) of the Insurance Article. “Genetic test” has the meaning stated in § 27–909(a)(5) of the Insurance Article. “Harassment” includes: unwelcome and offensive conduct, which need not be severe or pervasive, when: the conduct is based on race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, disability, or military status; and submission to the conduct is made either explicitly or implicitly a term or condition of employment of an individual; submission to or rejection of the conduct is used as a basis for employment decisions affecting the individual; or based on the totality of the circumstances, the conduct unreasonably creates a working environment that a reasonable person would perceive to be abusive or hostile; and sexual harassment. “Labor organization” means: a labor organization engaged in an industry; and an agent of an organization described in item (i) of this paragraph. “Labor organization” includes: an organization of any kind, an agency, or an employee representation committee, group, association, or plan: in which employees participate; and that exists, wholly or partly, for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment; and a conference, general committee, joint or system board, or joint council that is subordinate to a national or international labor organization. “Religion” includes all aspects of religious observances, practice, and belief. “Sexual harassment” includes conduct, which need not be severe or pervasive, that consists of unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature when: submission to the conduct is made either explicitly or implicitly a term or condition of employment of an individual; submission to or rejection of the conduct is used as a basis for employment decisions affecting the individual; or based on the totality of the circumstances, the conduct unreasonably creates a working environment that a reasonable person would perceive to be abusive or hostile.

It is the policy of the State, in the exercise of its police power for the protection of the public safety, public health, and general welfare, for the maintenance of business and good government, and for the promotion of the State’s trade, commerce, and manufacturers: to assure all persons equal opportunity in receiving employment and in all labor management–union relations, regardless of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, military status, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; and to that end, to prohibit discrimination in employment by any person.

This subtitle does not require: an employer, employment agency, labor organization, or joint labor–management committee subject to this subtitle to grant preferential treatment to any individual or group on the basis of the race, color, religion, sex, age, national origin, gender identity, sexual orientation, disability, or military status of the individual or group because an imbalance may exist with respect to the total number or percentage of individuals of any race, color, religion, sex, age, national origin, gender identity, sexual orientation, or military status or individuals with disabilities employed by the employer, referred or classified for employment by the employment agency or labor organization, admitted to membership or classified by the labor organization, or admitted to, or employed in, any apprenticeship or other training program, compared to the total number or percentage of individuals of that race, color, religion, sex, age, national origin, gender identity, sexual orientation, or military status or individuals with disabilities in the State or any community, section, or other area, or in the available work force in the State or any community, section, or other area; or an employer to reasonably accommodate an employee’s religion or disability, or an applicant for employment’s disability, if the accommodation would cause undue hardship on the conduct of the employer’s business.

This subtitle does not apply to: an employer with respect to the employment of aliens outside of the State; or a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion, sexual orientation, gender identity, or military status to perform work connected with the activities of the religious entity.

Notwithstanding any other provision of this subtitle, this subtitle does not prohibit: an employer from hiring and employing employees, an employment agency from classifying or referring for employment any individual, a labor organization from classifying its membership or classifying or referring for employment any individual, or an employer, labor organization, or joint labor–management committee controlling apprenticeship or other training or retraining programs from admitting or employing any individual in a program, on the basis of the individual’s sex, age, religion, national origin, disability, or military status, if sex, age, religion, national origin, disability, or military status is a bona fide occupational qualification reasonably necessary to the normal operation of that business or enterprise; an employer from establishing and requiring an employee to adhere to reasonable workplace appearance, grooming, and dress standards that are directly related to the nature of the employment of the employee and that are not precluded by any provision of State or federal law, as long as the employer allows any employee to appear, groom, and dress consistent with the employee’s gender identity; a school, college, university, or other educational institution from hiring and employing employees of a particular religion, if: the institution is wholly or substantially owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society; or the curriculum of the institution is directed toward the propagation of a particular religion; or except as provided in subsection (b) of this section, an employer, employment agency, or labor organization from observing 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 purposes of this subtitle. An employee benefit plan may not excuse the failure to hire any individual.

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

For purposes of this subtitle, an unlawful employment practice occurs, with respect to discrimination in compensation in violation of this subtitle, when: a discriminatory compensation decision or other practice is adopted; an individual becomes subject to a discriminatory compensation decision or other practice; or an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting wholly or partly from the discriminatory compensation decision or other practice. In addition to any relief authorized by this title, liability may accrue and an aggrieved person may obtain relief as provided in § 20–1009 of this title, including recovery of back pay for up to 2 years preceding the filing of the complaint, where the unlawful employment practice that has occurred during the complaint filing period is similar or related to an unlawful employment practice with regard to discrimination in compensation that occurred outside the time for filing a complaint.

An employer shall be immune from liability under this title or under the common law arising out of reasonable acts taken by the employer to verify the sexual orientation or gender identity of any employee or applicant in response to a charge filed against the employer on the basis of sexual orientation or gender identity.

In this section, “reasonable accommodation” means an accommodation: for an employee’s disability caused or contributed to by pregnancy; and that does not impose an undue hardship on the employee’s employer. Disabilities caused or contributed to by pregnancy or childbirth: are temporary disabilities for all job–related purposes; and shall be treated as temporary disabilities under any health or temporary disability insurance or sick leave plan available in connection with employment. Written and unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions of leave, the accrual of seniority and other benefits and privileges, reinstatement, and payment under any health or temporary disability insurance or sick leave plan, formal or informal, shall be applied to disability due to pregnancy or childbirth on the same terms and conditions as they are applied to other temporary disabilities. If an employee requests a reasonable accommodation, the employer shall explore with the employee all possible means of providing the reasonable accommodation, including: changing the employee’s job duties; changing the employee’s work hours; relocating the employee’s work area; providing mechanical or electrical aids; transferring the employee to a less strenuous or less hazardous position; or providing leave. If an employee requests a transfer to a less strenuous or less hazardous position as a reasonable accommodation, the employer shall transfer the employee for a period of time up to the duration of the employee’s pregnancy if: the employer has a policy, practice, or collective bargaining agreement requiring or authorizing the transfer of a temporarily disabled employee to a less strenuous or less hazardous position for the duration of the disability; or the employee’s health care provider advises the transfer and the employer can provide the reasonable accommodation by transferring the employee without: creating additional employment that the employer would not otherwise have created; discharging any employee; transferring any employee with more seniority than the employee requesting the reasonable accommodation; or promoting any employee who is not qualified to perform the job. An employer may require an employee to provide a certification from the employee’s health care provider concerning the medical advisability of a reasonable accommodation to the same extent a certification is required for other temporary disabilities. A certification under paragraph (1) of this subsection shall include: the date the reasonable accommodation became medically advisable; the probable duration of the reasonable accommodation; and an explanatory statement as to the medical advisability of the reasonable accommodation. An employer shall post in a conspicuous location, and include in any employee handbook, information concerning an employee’s rights to reasonable accommodations and leave for a disability caused or contributed to by pregnancy. An employer may not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section. This section may not be construed to: affect any other provision of law relating to discrimination on the basis of sex or pregnancy; or diminish in any way the coverage of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth under this section.

In this section, “intern” means an individual who performs work for an employer for the purpose of training if: the employer is not committed to hire the individual at the conclusion of the training period; the employer and the individual agree that the individual is not entitled to wages for the work performed; and the work performed: supplements training given in an educational environment that may enhance the employability of the individual; provides experience for the benefit of the individual; does not displace regular employees; and is performed under the close supervision of existing staff. An employer may not: fail or refuse to offer an internship, terminate an internship, or otherwise discriminate against an individual with respect to the terms, conditions, or privileges of an internship because of the individual’s race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, military status, or disability unrelated in nature and extent so as to reasonably preclude the performance of the internship; limit, segregate, or classify its interns or applicants for internships in any way that would deprive or tend to deprive any individual of internship opportunities or otherwise adversely affect the individual’s status as an intern because of the individual’s race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, military status, or disability unrelated in nature and extent so as to reasonably preclude the performance of the internship; fail or refuse to make a reasonable accommodation for the known disability of an otherwise qualified intern; or discriminate or retaliate against any of its interns or applicants for internships because the individual has: opposed any practice prohibited by this subtitle; or made a charge, testified, assisted, or participated in any manner in an investigation, a proceeding, or a hearing under this subtitle. Except as provided in paragraph (2) of this subsection, an employer may not print or cause to be printed or published any notice or advertisement relating to an internship with the employer that indicates any preference, limitation, specification, or discrimination based on race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, disability, or military status. A notice or an advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, age, national origin, marital status, disability, or military status if religion, sex, age, national origin, marital status, disability, or military status is a bona fide occupational qualification for the internship. An intern claiming to be aggrieved by an alleged discriminatory act prohibited under this section: shall have access to any internal procedure the employer has for resolving a complaint by an employee of sexual harassment or other discrimination; or if the employer does not have an internal procedure for resolving a complaint of sexual harassment or other discrimination, may file a complaint with the Commission for the nonmonetary administrative remedies provided under Subtitle 10 of this title. This section does not create and may not be construed as creating an employment relationship between an employer and an intern for the purposes of: a civil cause of action or monetary damages under Subtitle 10 of this title; any provision of the Labor and Employment Article; or any provision of the State Personnel and Pensions Article.

In an action alleging a violation of this subtitle based on harassment, an employer is liable: for the acts or omissions toward an employee or applicant for employment committed by an individual who: undertakes or recommends tangible employment actions affecting the employee or an applicant for employment, including hiring, firing, promoting, demoting, and reassigning the employee or an applicant for employment; or directs, supervises, or evaluates the work activities of the employee; or if the negligence of the employer led to the harassment or continuation of harassment.