# COMAR Title 14 — Independent Agencies

## Subtitle 03 — Commission on Human Relations

### Chapter 02 — Anti-Discrimination Relating to Persons with Disabilities

#### Regulation .04 Employment.

*COMAR 14.03.02.04*

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.