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240 250 260 270 280 290 300 310 320 330 340 350 360 370 380 390 AN ACT CONCERNING Discrimination Based on Sexual Orientation or Gender Identity or Expression FOR the purpose of prohibiting discrimination based on gender identity or expression in places of public accommodation, by persons licensed or regulated by the Department of Labor, Licensing, and Regulation, in leasing of commercial property, in employment, in housing, and by governmental units, officers, and employees; prohibiting discrimination based on sexual orientation in leasing of commercial property; exempting discrimination based on gender identity or expression in employment from the application of this title when such discrimination is based on a bona fide occupational qualification reasonably necessary to the normal operation of the business or enterprise engaging in that discrimination or if the discrimination is committed by a religious entity with respect to employment of individuals for work connected with the activities of that religious entity; defining certain terms; repealing laws inconsistent with this Act; and providing for the severability of invalid provisions or applications of this Act. BY repealing and re-enacting, with amendments, Article State Government Title 20 Human Relations Section 20-101(f) and (g), 20-302, 20-304, 20-401, 20-402, 20-501, 20-602, 20-603, 20-604, 20-605(a), 20-606(a), (b), (c), (d), and (e), 20-702, 20-705, and 20-707(b) and (c) Annotated Code of Maryland SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That the Laws of Maryland read as follows: Article State Government Title 20 Human Relations Subtitle 1. Definitions 20-101. Definitions (f) Sexual orientation. Sexual orientation means the identification of an individual as to male or female homosexuality, heterosexuality, or bisexuality AS EXPERIENCING AN ENDURING PATTERN OF EMOTIONAL, ROMANTIC, OR SEXUAL ATTRACTION OR LACK THEREOF TO MEMBERS OF A SPECIFIC SEX OR ANY COMBINATION OF SEXES. (G) GENDER IDENTITY OR EXPRESSION. GENDER IDENTITY OR EXPRESSION MEANS A PERSONS SENSE OF THEIR OWN GENDER, THEIR SUBJECTIVE EXPERIENCE OF HAVING THAT GENDER, AND THEIR OUTWARD EXPRESSION OF THAT GENDER.

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Subtitle 3. Discrimination in places of public accommodation 20-302. Construction of subtitle This subtitle does not prohibit the proprietor or employees of any establishment from denying service to any person for failure to conform to the usual and regular requirements, standards, and regulations of the establishment, provided that the denial is not based on discrimination on the grounds of race, sex, age, color, creed, national origin, marital status, sexual orientation, GENDER IDENTITY OR EXPRESSION, or disability. 20-304. Construction of subtitle An owner or operator of a place of public accommodation or an agent or employee of the owner or operator may not refuse, withhold from, or deny to any person any of the accommodations, advantages, facilities, or privileges of the place of public accommodation because of the person's race, sex, age, color, creed, national origin, marital status, sexual orientation, GENDER IDENTITY OR EXPRESSION, or disability. Subtitle 4. Discrimination by persons licensed or regulated by Department of Labor, Licensing, and Regulation 20-401. Construction of subtitle This subtitle does not prohibit any person that is licensed or regulated by the Department of Labor, Licensing, and Regulation from refusing, withholding from, or denying accommodations, advantages, facilities, privileges, sales, or services to any person for failure to conform to the usual and regular requirements, standards, and regulations of the licensed or regulated person, provided that the denial is not based on discrimination on the grounds of race, sex, color, creed, national origin, marital status, sexual orientation, age, GENDER IDENTITY OR EXPRESSION, or disability. 20-402. Prohibited act A person that is licensed or regulated by a unit in the Department of Labor, Licensing, and Regulation listed in 2-108 of the Business Regulation Article may not refuse, withhold from, or deny any person any of the accommodations, advantages, facilities, privileges, sales, or services of the licensed or regulated person or discriminate against any person because of the person's race, sex, creed, color, national origin, marital status, sexual orientation, age, GENDER IDENTITY OR EXPRESSION, or disability. Subtitle 5. Discrimination in leasing of commercial property 20-501. Prohibited act

A010-1213 750 760 770 780 790 800 720 810 820 830 840 850 860 870 880 890 900 910 920 930 940 950 960 970 980 990 1000 1010 1020 1030 1040 1050 1060 1070 1080 1090 1100 1110 1120 An owner or operator of commercial property, an agent or employee of the owner or operator of commercial property, or a person that is licensed or regulated by the State may not discriminate against an individual in the terms, conditions, or privileges of the leasing of property for commercial use, or in the provision of services or facilities in connection with the leasing of property for commercial use, because of the individual's race, color, religion, sex, age, disability, marital status, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, or national origin. Subtitle 6. Discrimination in employment 20-602. State policy It is the policy of the State, in the exercise of its police power for the protection of the public safety, public health, and general welfare, for the maintenance of business and good government, and for the promotion of the State's trade, commerce, and manufacturers: (1) to assure all persons equal opportunity in receiving employment and in all labor management-union relations, regardless of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, GENDER IDENTITY OR EXPRESSION, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; and (2) to that end, to prohibit discrimination in employment by any person. 20-603. Construction of subtitle This subtitle does not require: (1) an employer, employment agency, labor organization, or joint labormanagement committee subject to this subtitle to grant preferential treatment to any individual or group on the basis of the race, color, religion, sex, age, national origin, sexual orientation, GENDER IDENTITY OR EXPRESSION, or disability of the individual or group because an imbalance may exist with respect to the total number or percentage of individuals of any race, color, religion, sex, age, national origin, GENDER IDENTITY OR EXPRESSION, or sexual orientation or individuals with disabilities employed by the employer, referred or classified for employment by the employment agency or labor organization, admitted to membership or classified by the labor organization, or admitted to, or employed in, any apprenticeship or other training program, compared to the total number or percentage of individuals of that race, color, religion, sex, age, national origin, GENDER IDENTITY OR EXPRESSION, or sexual orientation or individuals with disabilities in the State or any community, section, or other area, or in the

A010-1213 1130 1140 1150 1160 1170 1180 1190 1200 1210 1220 1230 1240 1250 1260 1270 1280 1290 1300 1310 1320 1330 1340 1350 1360 1370 1380 1390 1400 1410 1420 1430 1440 1450 1460 1470 available work force in the State or any community, section, or other area; or (2) an employer to reasonably accommodate an employee's religion or disability if the accommodation would cause undue hardship on the conduct of the employer's business. 20-604. Scope of subtitle This subtitle does not apply to: (1) an employer with respect to the employment of aliens outside of the State; or (2) a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion, GENDER IDENTITY OR EXPRESSION, or sexual orientation to perform work connected with the activities of the religious entity. 20-605. Exceptions (a) In general. -- Notwithstanding any other provision of this subtitle, this subtitle does not prohibit: (1) an employer from hiring and employing employees, an employment agency from classifying or referring for employment any individual, a labor organization from classifying its membership or classifying or referring for employment any individual, or an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs from admitting or employing any individual in a program, on the basis of the individual's sex, age, religion, national origin, GENDER IDENTITY OR EXPRESSION, or disability, if sex, age, religion, national origin, GENDER IDENTITY OR EXPRESSION or disability is a bona fide occupational qualification reasonably necessary to the normal operation of that business or enterprise; (2) an employer from establishing standards concerning an employee's dress and grooming, if the standards are directly related to the nature of the employment of the employee; (3) a school, college, university, or other educational institution from hiring and employing employees of a particular religion, if: (i) the institution is wholly or substantially owned, supported, controlled, or managed by a particular religion or by a particular

A010-1213 1480 1490 1500 1510 1520 1530 1540 1550 1560 1570 1580 1590 1600 1610 1620 1630 1640 1650 1660 1670 1680 1690 1700 1710 1720 1730 1740 1750 1760 1770 1780 1790 1800 1810 religious corporation, association, or society; or (ii) the curriculum of the institution is directed toward the propagation of a particular religion; or (4) except as provided in subsection (b) of this section, an employer, employment agency, or labor organization from observing the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension, or insurance plan, that is not a subterfuge to evade the purposes of this subtitle. 20-606. Unlawful employment practices (a) Employers. -- An employer may not: (1) fail or refuse to hire, discharge, or otherwise discriminate against any individual with respect to the individual's compensation, terms, conditions, or privileges of employment because of: (i) the individual's race, color, religion, sex, age, national origin, marital status, sexual orientation, genetic information, GENDER IDENTITY OR EXPRESSION, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; or (ii) the individual's refusal to submit to a genetic test or make available the results of a genetic test; (2) limit, segregate, or classify its employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual's status as an employee because of: (i) the individual's race, color, religion, sex, age, national origin, marital status, sexual orientation, genetic information, GENDER IDENTITY OR EXPRESSION, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; or (ii) the individual's refusal to submit to a genetic test or make available the results of a genetic test; (3) request or require genetic tests or genetic information as a condition of hiring or determining benefits; or (4) fail or refuse to make a reasonable accommodation for the known disability of an otherwise qualified employee.

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1820 (b) Employment agencies. -- An employment agency may not: 1830 1840 1850 1860 1870 1880 1890 1900 1910 1920 (1) fail or refuse to refer for employment or otherwise discriminate against any individual because of the individual's race, color, religion, sex, age, national origin, marital status, sexual orientation, GENDER IDENTITY OR EXPRESSION, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; or (2) classify or refer for employment any individual on the basis of the individual's race, color, religion, sex, age, national origin, marital status, sexual orientation, GENDER IDENTITY OR EXPRESSION, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment.

1930 (c) Labor organizations. -- A labor organization may not: 1940 1950 1960 1970 1980 1990 2000 2010 2020 2030 2040 2050 2060 2070 2080 2090 2100 2110 2120 2130 2140 2150 2160 2170 (1) exclude or expel from its membership, or otherwise discriminate against, any individual because of the individual's race, color, religion, sex, age, national origin, marital status, sexual orientation, GENDER IDENTITY OR EXPRESSION, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; (2) limit, segregate, or classify its membership, or classify or fail or refuse to refer for employment any individual, in any way that would deprive or tend to deprive the individual of employment opportunities, limit the individual's employment opportunities, or otherwise adversely affect the individual's status as an employee or as an applicant for employment because of the individual's race, color, religion, sex, age, national origin, marital status, sexual orientation, GENDER IDENTITY OR EXPRESSION, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; or (3) cause or attempt to cause an employer to discriminate against an individual in violation of this section. (d) Training programs. -- An employer, labor organization, or joint labormanagement committee controlling apprenticeship or other training or retraining programs, including on-the-job training programs, may not discriminate against any individual in admission to, or employment in, any program established to provide apprenticeship or other training or retraining because of the individual's race, color, religion, sex, age, national origin, marital status, sexual orientation, GENDER IDENTITY OR EXPRESSION, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment.

2180 (e) Notice or advertisement indicating prohibited preference, limitation,

A010-1213 2190 specification, or discrimination; bona fide occupational qualification. -2200 2210 2220 2230 2240 2250 2260 2270 2280 2290 2300 2310 2320 2330 2340 (1) Except as provided in paragraph (2) of this subsection, an employer, labor organization, or employment agency may not print or cause to be printed or published any notice or advertisement relating to employment by the employer, membership in or any classification or referral for employment by the labor organization, or any classification or referral for employment by the employment agency that indicates any preference, limitation, specification, or discrimination based on race, color, religion, sex, age, national origin, marital status, sexual orientation, GENDER IDENTITY OR EXPRESSION, or disability. (2) A notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, age, national origin, marital status, GENDER IDENTITY OR EXPRESSION, or disability if religion, sex, age, national origin, marital status, GENDER IDENTITY OR EXPRESSION, or disability is a bona fide occupational qualification for employment.

2350 Subtitle 7. Discrimination in housing 2360 20-702. State policy; administration and enforcement of subtitle 2370 (a) State policy. -- It is the policy of the State: 2380 2390 2400 2410 2420 2430 2440 (1) to provide for fair housing throughout the State to all, regardless of race, color, religion, sex, familial status, national origin, marital status, sexual orientation, GENDER IDENTITY OR EXPRESSION, or disability; and (2) to that end, to prohibit discriminatory practices with respect to residential housing by any person, in order to protect and insure the peace, health, safety, prosperity, and general welfare of all.

2450 (b) Administration and enforcement of subtitle. -- This subtitle: 2460 2470 2480 2490 (1) is an exercise of the police power of the State for the protection of the people of the State; and (2) shall be administered and enforced by the Commission and, as provided in this title, enforced by the appropriate State court.

2500 20-705. Discriminatory housing practices -- Sale or rental of dwelling 2510 Except as provided in 20-703 and 20-704 of this subtitle, a person may not: 2520 (1) refuse to sell or rent after the making of a bona fide offer, refuse to

A010-1213 2530 2540 2550 2560 2570 2580 2590 2600 2610 2620 2630 2640 2650 2660 2670 2680 2690 2700 2710 2720 2730 2740 2750 2760 2770 negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, GENDER IDENTITY OR EXPRESSION, or national origin; (2) discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with the sale or rental of a dwelling, because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, GENDER IDENTITY OR EXPRESSION, or national origin; (3) make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, marital status, familial status, sexual orientation, GENDER IDENTITY OR EXPRESSION or national origin, or an intention to make any preference, limitation, or discrimination; (4) represent to any person, because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, GENDER IDENTITY OR EXPRESSION, or national origin, that any dwelling is not available for inspection, sale, or rental when the dwelling is available; or (5) for profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, color, religion, sex, disability, marital status, familial status, sexual orientation, GENDER IDENTITY OR EXPRESSION, or national origin.

2780 20-707. Discrimination in residential real estate-related transactions; 2790 discrimination in professional services or organizations 2800 (b) Discrimination in residential real estate-related transactions. -2810 2820 2830 2840 2850 2860 2870 2880 2890 2900 (1) A person whose business includes engaging in residential real estaterelated transactions may not discriminate against any person in making available a transaction, or in the terms or conditions of a transaction, because of race, color, religion, sex, disability, marital status, familial status, sexual orientation, or national origin. (2) Paragraph (1) of this subsection does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, disability, marital status, familial status, sexual orientation, GENDER IDENTITY OR EXPRESSION, or national origin.

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2910 (c) Discrimination in professional services or organizations. -- A person may not, 2920 because of race, color, religion, sex, disability, marital status, familial status, 2930 sexual orientation, GENDER IDENTITY OR EXPRESSION, or national origin: 2940 2950 2960 2970 2980 2990 (1) deny a person access to, or membership or participation in, a multiplelisting service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings; or (2) discriminate against a person in the terms or conditions of membership or participation.

3000 SECTION 2. AND BE IT FURTHER ENACTED, That all laws or parts of laws, 3010 public general or public local, inconsistent with this Act, are repealed to the extent 3020 of the inconsistency. 3030 3040 3050 3060 3070 3080 SECTION 3. AND BE IT FURTHER ENACTED, That if any provision of this Act or the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Act which can be given effect without the invalid provision or application, and for provisions of this Act are declared severable.

3090 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 3100 July 1, 2013. 3110 MANDATES: 3120 3130 3140 3150 3160 3170 3180 3190 3200 3210 3220 3230 3240 Martin OMalley, Governor of Maryland Scott R. Jensen, Interim Secretary of Labor, Licensing, and Regulation James Neil Bell, Executive Director, Maryland Commission on Civil Rights Del. Michael E. Busch, Speaker, Maryland House of Delegates Sen. Thomas V. Mike Miller, President, Maryland Senate Peter A. Hammen, Chair, House of Delegates Committee on Health and Government Operations Joan Carter Conway, Chair, Senate Committee on Education, Health, and Environmental Affairs Brian E. Frosh, Chair, Senate Committee on Judicial Proceedings

SPONSOR: Andy Jannett, Federalist Caucus Leader and State Political Liaison University of Maryland, College Park andy.jannett@gmail.com