<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 14.03.02.04" title_num="14" subtitle_num="03" chapter_num="02" heading="Employment.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Recruitment, advertising, and job application procedures;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Hiring, upgrading, promotion, tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Rate of pay, other form of compensation, and change in compensation;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Job assignment, job referral, job classification, organizational structure, position description, line of progression, and seniority list;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Leave of absence, sick leave, family leave, or other leave;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Union membership;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leave of absence to pursue training;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Employer-sponsored activities, including social or recreational programs; and</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Any other term, condition, or privilege of employment.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Unlawful Employment Practices Specifically. A covered entity may not:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>