In this subtitle the following words have the meanings indicated. “Coordinator” means the Equal Employment Opportunity Coordinator. “Program” means the Equal Employment Opportunity Program established under this subtitle. “Unit” means a unit of the Executive Branch of State government.

There is an Equal Employment Opportunity Program, which is under the authority of the Secretary. The purpose of the Program is to ensure a system based on merit that provides equal opportunity in employment on the basis of merit and fitness. The following employees and applicants for employment are included in the Program: an employee in any unit of the Executive Branch of State government, including a unit with an independent personnel system; and an applicant for a position in the skilled service, professional service, or management service, of the State Personnel Management System or a comparable position in an independent personnel system in the Executive Branch of State government.

Except as provided in § 5–209 of this subtitle, in addition to any right to file an employment discrimination complaint with the Commission on Civil Rights, with the Equal Employment Opportunity Commission, or in court, an employee may elect to pursue an allegation of employment discrimination under the complaint resolution procedures of this subtitle.

The Secretary shall: administer the Program in compliance with all applicable State and federal laws governing equal employment opportunity; adopt regulations, policies, and directives to implement the Program; evaluate the equal employment efforts in each unit in the Program; take any action necessary and permitted by law to enforce this subtitle; and at least annually report on the Program to the Governor.

In accordance with the provisions and intent of the Maryland Constitution and other laws of the State, each unit shall: comply with all applicable regulations, policies, guidelines, and directives of the Secretary to carry out this section; cooperate fully with the Coordinator in the investigation of complaints of discrimination in violation of § 5–208 of this subtitle; in accordance with the regulations, policies, guidelines, and directives of the Secretary, annually prepare a plan that includes the development and implementation of policies and programs to ensure that protected group members are appropriately represented and that the personnel practices in the unit are not discriminatory; and submit to the Secretary the progress reports about the plan that the Secretary requires; for each fiscal year, submit to the Coordinator by the following October 15 an annual report about the activities that the unit undertook in that fiscal year to implement the Program, including: information about personnel practices within the unit; a summary of complaints filed, investigated, resolved, and pending; information about relations with other units of State government; information about sexual harassment policies and prevention training; and a summary of sexual harassment complaints filed, investigated, resolved, and pending; and provide a copy of the annual report to the Commission on Civil Rights. Notwithstanding any other provision of this subtitle, the University System of Maryland may satisfy any reporting requirement required by this subtitle or by regulations adopted under this subtitle by submitting to the Secretary an annual report on the System’s equal employment opportunity policies and programs in such format as is determined by the System’s Board of Regents. An appointing authority shall provide each employee subject to this subtitle with a notice of: the protections and remedies against employment discrimination available to the employee under: this subtitle; the laws governing the Commission on Civil Rights; and the laws governing the Equal Employment Opportunity Commission; and the applicable time limitations for filing complaints under those laws.

The Governor, with the advice of the Joint Committee on Fair Practices and State Personnel Oversight, shall appoint an Equal Employment Opportunity Coordinator. The Coordinator shall: administer and enforce the Program; and investigate and, as appropriate, resolve complaints that involve allegations of violations of this subtitle.

The head of each principal unit shall appoint: a fair practices officer who: except as provided in paragraph (3) of this subsection, reports directly to the head of the unit; and is an assistant secretary or an employee of the unit with stature similar to that of an assistant secretary; and an appropriate number of equal employment opportunity officers for the unit. If necessary, the fair practices officer of a unit may also be the unit’s equal employment opportunity officer. The fair practices officer of the Department of State Police: shall be an expert in diversity issues and equal employment law, procedures, and practices; shall report directly to the Secretary of State Police; and may not be a sworn law enforcement officer. All appointments under this subsection shall be made in accordance with position descriptions approved by the Secretary. The Department shall provide training, assistance, and advice for equal employment opportunity officers and fair practices officers. Each fair practices officer shall: implement the Program within the unit; investigate and, as appropriate, resolve complaints filed under § 5–211 of this subtitle; and coordinate activities of equal employment opportunity officers in the unit. An equal employment opportunity officer shall: monitor all personnel actions adopted by the unit; attest that procedures consistent with this article, the Governor’s Code on Fair Practices, and other State and federal equal employment opportunity laws were followed by the unit in taking a personnel action; and perform the duties assigned by the fair practices officer and any other duty required by this article. An appointing authority shall delay the effective date of any adverse personnel action that directly affects an equal employment opportunity officer for up to 45 days, pending review and resolution by the Coordinator.

All personnel actions concerning an employee in the Executive Branch of State government shall be made in accordance with § 2–302 of this article. Personnel actions concerning an employee or applicant for employment in the skilled service or professional service of the State Personnel Management System or comparable position in an independent personnel system in the Executive Branch of State government shall also be made without regard to: political affiliation, belief, or opinion; or any other nonmerit factor. All personnel actions concerning an employee or applicant in the management service shall also be made without regard to the employee’s political affiliation, belief, or opinion. Except as provided in paragraph (2) of this subsection, personnel actions concerning special appointments or applicants for special appointment in the State Personnel Management System or comparable positions in an independent personnel system in the Executive Branch of State government shall be made without regard to political affiliation, belief, or opinion. For the positions that are designated by the Secretary under § 4–201(c)(2)(ii) of this article or by the Secretary of Transportation under § 2–103.4(b)(2) of the Transportation Article, personnel actions concerning special appointments or applicants for special appointment in the State Personnel Management System or comparable positions in an independent personnel system in the Executive Branch of State government may be made with regard to political affiliation, belief, or opinion. The protections of this section are in addition to whatever legal or constitutional protections an employee or applicant has.

An employee in the skilled service, professional service, or management service of the State Personnel Management System may elect to pursue an allegation of employment discrimination under: the complaint procedures in this subtitle; or the grievance procedures in Title 12 of this article. An employee of the University System of Maryland who is eligible to file a grievance under Title 13 of the Education Article may elect to pursue an allegation of employment discrimination under: the complaint procedures in this subtitle; or a grievance under Title 13 of the Education Article. An employee of Morgan State University who is eligible to file a grievance under Title 14 of the Education Article may elect to pursue an allegation of employment discrimination under: the complaint procedures in this subtitle; or a grievance under Title 14 of the Education Article.

A complainant may be represented during the complaint process by any person the complainant chooses. If a complainant fails to appeal a decision in accordance with this subtitle, the complainant is considered to have accepted the decision. A failure to decide a complaint in accordance with this subtitle is considered a denial from which an appeal may be made. Each party shall make every effort to resolve a complaint at the lowest level possible.

An applicant or employee subject to this subtitle may file with the head of the principal unit a written complaint: that alleges a violation of § 5–208 of this subtitle; or that alleges harassment in violation of § 20–606(a)(5) of the State Government Article. A complaint under subsection (a)(1) of this section must be filed within 1 year after the complainant first knew of or reasonably should have known of the alleged violation that is the basis for the complaint. A complaint under subsection (a)(2) of this section must be filed within 2 years after the alleged violation that is the basis for the complaint.

Except as provided in subsection (b) of this section, within 60 days after a complaint under § 5–211 of this subtitle is received: an equal employment officer, under the direction of the fair practices officer, shall investigate the complaint and recommend a proposed decision to the head of the principal unit; and the head of the principal unit shall issue a written decision to the complainant and may grant any appropriate relief. The time period under subsection (a) of this section may be extended up to an additional 30 days if the applicant or employee who filed the complaint provides written authorization to the equal employment officer investigating the complaint.

Within 10 days after receiving a decision under § 5-212 of this subtitle, a complainant may appeal the decision in writing to the Secretary. Within 30 days after an appeal is received: the Coordinator: shall review the complaint and the decision being appealed; may conduct any necessary investigation; and shall recommend to the Secretary or designee a finding of whether a violation of this subtitle has occurred; and the Secretary or designee shall: take the action described in subsection (c)(1) or (c)(2) of this section; and issue to the parties a written decision that includes notice of any remedial action taken. If the Secretary or designee determines that a violation has not occurred, the Secretary or designee shall dismiss the complaint. If the Secretary or designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action. As remedial action for a violation of § 5-208 of this subtitle, the Secretary or designee may: order the removal of detrimental information from the complainant's State personnel records; require the head of the principal unit to: hire, promote, or reinstate the complainant or end the complainant's suspension from employment; award the complainant back pay up to the day of the violation; grant the complainant leave or seniority; take appropriate disciplinary action against any individual who caused the violation; or take any other remedial action that the Secretary or designee considers appropriate. The decision of the Secretary or designee is final.

Information obtained as part of an investigation conducted under this subtitle is confidential within the meaning of Title 4 of the General Provisions Article.

An employee who violates or fails to comply with this subtitle is subject to disciplinary action, including termination of employment.