Plain Text Law

Regulation .04 Employment.

Regulation .04 Employment.Copy Citation

A.
Unlawful Employment Practices Generally. It is an unlawful employment practice for a covered entity to discriminate on the basis of disability against a qualified individual with a disability with regard to:
(1)
Recruitment, advertising, and job application procedures;
(2)
Hiring, upgrading, promotion, tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;
(3)
Rate of pay, other form of compensation, and change in compensation;
(4)
Job assignment, job referral, job classification, organizational structure, position description, line of progression, and seniority list;
(5)
Leave of absence, sick leave, family leave, or other leave;
(6)
Fringe benefits available by reason of employment, whether administered by the covered entity, except for underwriting or rate-setting practices of an insurer, as that term is defined in Insurance Article, §1-101(v), Annotated Code of Maryland;
(7)
Union membership;
(8)
Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leave of absence to pursue training;
(9)
Employer-sponsored activities, including social or recreational programs; and
(10)
Any other term, condition, or privilege of employment.
B.
Unlawful Employment Practices Specifically. A covered entity may not:
(1)
Limit, segregate, or classify a job applicant or employee in a way that adversely affects the individual's employment opportunities or status, on the basis of disability prohibited by this chapter;
(2)
Participate in a contractual or other arrangement or relationship that has the effect of subjecting an applicant or employee to the discrimination, on the basis of disability prohibited by this chapter; or
(3)
Fail to make an individualized assessment of a qualified individual with a disability's ability to perform the essential functions of a job, unless the qualification standard, employment test, or other selection criteria under which the individual was disqualified meet the requirements of a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of the particular business or program.