Chapter 03. Nondiscrimination
Regulation .01 Purpose.LinkCopy Citation
A.
This chapter establishes the requirements necessary for the Department and its contractors to comply with State and federal nondiscrimination and Minority Business Enterprise laws and policies.
B.
These requirements affect all areas of employment and service delivery by the Department and its contractors.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Department” means the Department of Human Services.
(2)
“Disability” means a state of being mentally, physically, or emotionally impaired.
(3)
“Local department” means the local department of social services in a county or Baltimore City, and the Montgomery County Department of Health and Human Services.
(4)
“Secretary” means the Secretary of Human Services.
Regulation .03 Nondiscrimination Requirement.LinkCopy Citation
A.
As a State agency and a recipient of federal funds, the Department, local departments, and individuals receiving funds through the Department may not engage in discriminatory practices.
B.
Services to the Public.
(1)
In the provision of services to the public, discrimination is prohibited based on:
(a)
Race;
(b)
Religion;
(c)
Color;
(d)
National origin;
(e)
Sex;
(f)
Physical or mental disability;
(g)
Age; or
(h)
Sexual orientation.
(2)
Discrimination is allowed when the distinction is based on:
(a)
Sex or age permitted or required by statute;
(b)
Religion necessary to protect the religious heritage of a minor; or
(c)
Disability necessary to provide disabled individuals with aid, care, services, or benefits that are comparable to all recipients.
C.
In employment practices, discrimination is prohibited based on:
(1)
Political or religious opinion or affiliation;
(2)
Marital status; and
(3)
§B(1) of this regulation.
D.
This regulation applies to other agencies, organizations, employers, institutions, and contractors from whom the Department purchases services, except when the discriminatory practices are permitted by law.
Regulation .04 Discrimination Prohibited.LinkCopy Citation
A.
Delivery of Services.
(1)
In the delivery of services, the Department or local departments may not, on the grounds of religious or political opinion or affiliation, race, color, national origin, sex, physical or mental disability, or age:
(a)
Deny any aid, care, service, or other benefits provided under any program;
(b)
Subject any individual to segregation or separate treatment related to the receipt of any aid, care, service, or other benefit provided under any program;
(c)
Treat an individual differently from others in determining whether the individual satisfies requirements which all individuals must meet in order to receive any aid, care, service, or benefit under the program; or
(d)
Fail or refuse to refer for employment or training except in employment when this distinction represents a bona fide qualification for employment or training.
(2)
The Department and the local department of social services may distinguish when distinction on the basis of:
(a)
Sex or age is otherwise permitted or required by statute; (b) Religion is necessary to protect the religious heritage of a minor; or (c) Disability is necessary to provide disabled individuals with aid, care, service, or benefits that are as effective as those provided to others.
B.
Employment Practices. The Department or local departments may not discriminate in employment practices on the grounds of political or religious affiliation or opinion, marital status, race, color, national origin, sex, physical or mental disability, or age.
C.
Boards and Private Vendors. Local social services boards and private purchase of service vendors may not deny a qualified individual the opportunity to participate as a member of a planning or advisory body that is an integral part of the program. Advisory boards or committees shall be representative of the population of the geographical area served.
D.
Performance of Service. In performing service to the public, the Department or local departments and individual employees may not:
(1)
Discriminate on the basis of religious or political opinion or affiliation, marital status, race, color, national origin, sex, physical or mental disability, or age;
(2)
Authorize the use of state facilities in furtherance of discriminatory practices or use by any group or organization which discriminates in its membership or other policies on the basis of these factors.
E.
Employment Referral and Placement Services. Any employee of the Department or local department engaged in employment referral and placement service for private industry or public agencies shall:
(1)
Fill all job orders on a nondiscriminatory basis;
(2)
Decline any job order carrying a specification or limitation as to political or religious opinion or affiliation, marital status, race, color, national origin, sex, physical or mental disability, or age unless it relates to a bona fide job requirement.
F.
Vocational Guidance and Training Programs. The Department or local department, in funding or supervising any educational vocational guidance counseling programs and all apprentice and on-the-job training programs, shall conduct these programs to encourage the fullest development of interest and aptitude without regard to political or religious opinion or affiliation, marital status, race, color, national origin, sex, physical or mental disability, or age unless it relates to a bona fide job requirement which shall require justification and approval.
G.
Facility Site and Location. In determining the site or location of a facility, the Department or local departments may not make selections directly or through contractual or other arrangements that have the effect on anyone of excluding or discriminating on the basis of race, color, national origin, sex, physical or mental disability, or age. The Department or local departments shall make all programs accessible to the disabled.
Regulation .05 Affirmative Action Program.LinkCopy Citation
A.
The Department or local departments shall maintain an affirmative action program to enhance equal access to employment and employment opportunity in accordance with §B of this regulation.
B.
The Affirmative Action Program includes but is not limited to:
(1)
Recruitment or recruitment advertising;
(2)
Employment promotion, upgrading, demotion, transfer, layoff, or termination;
(3)
Changes to rates of pay or other forms of compensation; and
(4)
Selection for training.
Regulation .06 Minority Business Enterprise.LinkCopy Citation
A.
The Department and local departments shall ensure fair participation by certified minority business enterprises (MBE) in accordance with applicable procurement laws and regulations in the procurement of:
(1)
Supplies;
(2)
Services;
(3)
Maintenance; and
(4)
Construction.
B.
The Department and local departments shall maintain written records to document the:
(1)
Number of MBE participants; and
(2)
Dollar value of each contract.
Regulation .07 Compliance.LinkCopy Citation
A.
The Secretary shall ensure the Department's compliance with the regulations of this chapter.
B.
All Department staff shall be aware of and comply with the regulations of this chapter.
Regulation .08 Filing Complaints of Discrimination.LinkCopy Citation
A.
An individual acting on behalf of a customer or employee of the Department or local department may file a written complaint of any discriminatory events or circumstances prohibited by these regulations.
B.
Complaints concerning employment may be filed with the:
(1)
Department's Office of Employment and Program Equity;
(2)
Department of Budget and Management, Office of Personnel Services and Benefits, Employee Relations Unit;
(3)
Maryland Commission on Human Relations;
(4)
Federal Equal Employment Opportunity Commission; or
(5)
Department or agency with jurisdiction over a program.
C.
Complaints concerning the delivery of services may be filed with the:
(1)
Department's Constituent Services Office;
(2)
Department's Office of Employment and Program Equity;
(3)
United States Department of Agriculture, Office for Civil Rights;
(4)
United States Department of Health and Human Services, Office for Civil Rights; or
(5)
Department or agency with jurisdiction over a program.
Chapter annotations
Authority: Article 49B, §7; State Finance and Procurement Article, §§11-105(b), (e), 11-148, and 11-209;
State Personnel and Pensions Article, Title 5, Subtitle 2; Annotated Code of Maryland
State Personnel and Pensions Article, Title 5, Subtitle 2; Annotated Code of Maryland
History: Effective date: December 10, 1975 (2:28 Md. R. 1667)
History: Chapter revised effective November 23, 1981 (8:23 Md. R. 1854)
History: Regulation .01E adopted effective May 30, 1988 (15:11 Md. R. 1329)
History: Regulation .04 renumbered to Regulation .05 and new Regulation .04 adopted effective May 30, 1988 (15:11 Md. R. 1329)
History: Regulation .05 renumbered to Regulation .06 and amended effective May 30, 1988 (15:11 Md. R. 1329)
History: Chapter revised effective November 1, 1999 (26:22 Md. R. 1691)
History: Regulation .03B amended effective April 9, 2007 (34:7 Md. R. 696)