Except as provided in subsection (b) of this section, a unit, officer, or employee of the State, a county, or a municipal corporation may not engage in a discriminatory act prohibited by § 20–304, § 20–606, § 20–705, § 20–706, § 20–707, or § 20–708 of this title. Sections 20–304, 20–705, and 20–706 of this title do not prohibit the State, a county, or a municipality from: providing separate facilities for males and females in government–owned or government–operated public institutions; or operating or funding special or separate programs and facilities for children, seniors, or other special populations.

In an employment discrimination case in which a unit, officer, or employee of the State, a county, or a municipality is a respondent, the rules, procedures, powers, rights, and remedies that apply are the same as those that apply in a discrimination case in which a private person is the respondent. In a discrimination case in which a unit, officer, or employee of the State, a county, or a municipality is a respondent, the Commission may seek injunctive relief or judicial enforcement of its orders against the respondent. In a discrimination case in which the Commission, or a member, officer, or employee of the Commission, is a respondent, the Governor shall specially designate a person to perform the functions usually performed by the Commission.

The State, its officers, and its units may not raise sovereign immunity as a defense against an award in an employment discrimination case under this title.

If the State has sufficient money available at the time an award is made against the State under this title, the State shall pay the award as soon as practicable within 20 days after the award is final. If sufficient money is not available at the time an award is made against the State under this title, the affected State unit or officer shall report the outstanding award to the State Comptroller. The Comptroller shall: keep an accounting of all outstanding awards; and report the accounting annually to the Governor. The Governor shall include in the State budget sufficient money to pay all awards made against the State under this title. On appropriation of money by the General Assembly, the Comptroller shall authorize payment of all outstanding awards under this title in the order of the date on which each award was made.