Contact: Michael Fordham Dennis, 240-777-8462
For Immediate Release: August 13, 2001

County’s New Human Rights
Law Takes Effect Today

Effective today, a new human rights law in Montgomery County will increase human rights protection in the County, and includes a provision to ban employment discrimination based on a person’s genetic code. Replacing legislation enacted nearly 40 years ago that prohibited discrimination in public accommodations, real estate and employment, the new law simplifies the Montgomery County Code, increases protection and generally responds to the challenges of the new millennium.

“I have made it a priority of my administration to strengthen our human rights laws by adding language that will help to eliminate discrimination, prejudice, intolerance and bigotry in Montgomery County,” said County Executive Douglas M. Duncan.

“We are proud that Montgomery County, in an era of high court retreat from federal civil rights laws, continues to protect its residents and maintain a policy of zero tolerance by strengthening its local laws,” said Odessa Shannon, Executive Director of the County’s Office of Human Rights, which was previously named the Office of Human Relations under the old legislation.

Some of the changes included in Bill 36-99 are:

• Agency name – Two new entities are created with the new legislation – the Commission on Human Rights (CHR) and the Office of Human Rights (OHR). The CHR generally researches, assembles, analyzes and disseminates information about activities and programs to eliminate prejudice, intolerance, bigotry and discrimination. The OHR receives, investigates and resolves formal complaints of discrimination in employment, real estate transactions, public accommodations and intimidation. Complaints may be filed on the basis of race, sex, color, religious creed, national origin, ancestry, marital status, age, sexual orientation, genetic status, presence of children, source of income and disability.

• Employer jurisdiction – All Montgomery County employers are subject to the provisions of the new employment discrimination law. This is a change from the previous statute, which covered only employers with seven or more employees.

• Appeals and hearings – A new Case Review Board (CRB) will replace the existing Employment, Real Estate and Public Accommodation Panels. The CRB will hear internal appeals when complainants wish to challenge the OHR Executive Director’s finding of no discrimination and process de novo public hearings.

• Relief and penalties – The limit for embarrassment and humiliation damages was raised from $1,000 to $5,000. The CHR/OHR have broader authority to grant any relief necessary to eliminate the effects of any discrimination. Complainants also have the right to file suit for relief in state court 45 days after filing a complaint with the CHR/OHR.

• Confidentiality – All complaint records remain confidential except for public hearings and when complainants appeal a no discrimination finding. Certain information about case settlements may be disclosed for public information.

• Discrimination prohibitions – Genetic status was added to the list of prohibited employment actions. Under this statute, an employer cannot use any information about the genetic status or genetic condition of an employee or an employee’s relative as a factor for an employment decision. Additionally, with regard to the real estate discrimination section, the relationship between disability and reasonable accommodation was refined and brokers and appraisers were added.