Bill No.
51-14
Concerning: D1scnminatorv Employment
Practices - Retaliation for Wage
Disclosure - Prohibited
Revised: Januarv
15. 2015
Draft No.
L
Introduced:
October
28 2014
Enacted:
Februarv
3. 2015
Executive:
February
11. 2015
Effective:
May
13. 2015
Sunset Date: ___,_,N"'on"'e,___ _ _ _ __
Ch. _3
__ , Laws of Mont. Co.
2015
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Vice President Leventhal and Councilmembers Navarro, Eirich, Riemer, Berliner, and Hucker
AN ACT
to:
(I)
(2)
(3)
prohibit an employer from retaliating against an employee for certain disclosures of
wages of the employee or another employee;
establishing certain exceptions to the prohibition against retaliation for wage
disclosures; and
generally amending the law concerning discriminatory employment practices.
By amending
Montgomery County Code
Chapter 27, Human Rights and Civil Liberties
Section 27-19
Boldface
Underlining
[Single boldface brackets]
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[[Double boldface brackets]]
* * •
Heading or defined term.
Added to existing law by original bill.
Deleted from existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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B1u. No.
51-14
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Sec.1. Section 27-19 is amended as follows:
27-19. Discriminatory employment practices.
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(a)
A person must not because of the race, color, religious creed, ancestry,
national origin, age, sex,
marital
status,
sexual orientation, gender
identity, family responsibilities, or genetic status of any individual or
disability of a qualified individual, or because of any reason that would
not have been asserted but for the race, color, religious creed, ancestry,
national origin, age, sex,
marital
status,
disability, sexual orientation,
gender identity, family responsibilities, or genetic status:
(1)
For an employer:
(A)
fail or refuse to hire,
fail
to accept the services o:t:
discharge any individual, or otherwise discriminate against
any individual with respect
to
compensation, terms,
conditions, or privileges of employment; or
(B)
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limit, segregate, or classify employees in any way
that
would deprive or tend
to
affect
adversely any individual's
employment opportunities or status as an employee;
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(2)
For an employment agency: fail or refuse
to
refer for
employment, assign job classifications
to,
classify or refer for
employment, or otherwise discriminate against, any individual;
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(3)
For a labor organiz.ation:
(A)
exclude or expel from its membership, or otherwise
discriminate against any individual;
(B)
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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 any
individual of equal employment opportunities, or affect
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BILL NO. 51-14
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adversely the individual's employment opportunities or
status as an employee or as an applicant for employment;
or
(C)
cause or attempt to cause an employer to discriminate
against an individual in violation of this section; or
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(4)
For an employer, labor organization, or joint labor-management
committee controlling apprenticeship or other training programs:
discriminate against any individual in admission to, or
employment
in,
any
program
established
to
provide
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apprenticeship or other training.
(b)
The term "discriminate" in subsection (a) includes excluding, or
otherwise denying, equal job opportunity or benefits to, a qualified
individual because of the known disability of an individual with whom
the qualified individual is known to have a relationship or association.
(
c)
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A
person must not:
(1)
retaliate against any person for:
(A)
lawfully opposing any discriminatory practice prohibited
under this division; or
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(B)
filing a complaint, testifying, assisting, or participating in
any manner in an investigation, proceeding, or hearing
under this division;
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(2)
assist
in,
compel, or eoerce any discriminatory practice prohibited
under this division;
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(3)
obstruct or prevent enforcement or compliance with this division;
or
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(4)
attempt directly or indirectly to commit any discriminatory
practice prohibited under
this
division.
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BILL NO. 51-14
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(d)
(1)
Except as provided in paragraph 2, a person must not print,
publish, or cause to
be
printed or published, any notice or
advertisement
indicating
any
preference,
limitation,
or
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specification based on race, color, religious creed, ancestry,
national origin, age, sex,
marital
status,
disability, sexual
orientation, gender identity, family responsibilities, or genetic
status
relating to:
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(A)
(B)
employment by an employer;
membership in or any classification or referral for
employment by a labor organization; or
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(C)
any classification or referral for employment by an
employment agency.
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(2)
This subsection does not prohibit a notice or advertisement from
indicating a preference, limitation, or specification
that
is a bona
fide occupational qualification for employment reasonably
necessary to the normal operation of the particular business or
enterprise.
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(e)
Notwithstanding any other provision of this division, it 1s not an
unlawful employment practice:
(1)
for an employer to hire and employ employees, for an
employment agency to classify or refer for employment any
individual, for a labor organization to classify its membership or
to classify or refer for employment any individual, or for an
employer,
labor organization or joint labor-management
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committee controlling apprenticeship or other
training
or
retraining programs, to admit or employ any individual in any
program, on the basis of race, color, religious creed, age, sex,
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BILL No. 51-14
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marital
status,
national ongm, ancestry, disability, sexual
orientation, gender identity, family responsibilities, or genetic
status based on a bona fide occupational qualification reasonably
necessary to the normal operation of
that
particular business or
enterprise;
(2)
for a religious corporation, association, or society to
hire
and
employ employees of a particular religion; or
(3)
for an employer to deny employment on the basis of religious
creed if the observance, practice, or belief cannot be reasonably
accommodated by an employer without causing undue hardship
on the conduct of the employer's business.
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(f)
Notwithstanding any other provision of this division, it is not unlawful
for any employer to observe 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 provisions and
purposes of this division, except that an employee benefit plan must not
excuse an employer's failure
to
hire any qualified person.
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(g)
ill
[Reserved] Except as provided
in
paragraph
G).
an employer
must not discharge or in any other manner discriminate or
retaliate against an employee because the employee:
(A)
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has inquired about, discussed, or disclosed the wages of
the employee or another employee: or
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(fil
asserts any right under this subsection.
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ru
The prohibition against retaliation for wage disclosure under
paragraph
ill
does not
filmly
to an employee who has access to
wage information of other employees or applicants as part of
the employee's essential job functions and discloses the wages
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No.
51-14
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of other employees or applicants to individuals who do not
otherwise have access to the information, unless the disclosure
is in response to:
(A)
.!!
formal complaint or charge;
Qll
in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted
]2y
the
[[contractor]] employer; or
©
(h)
is consistent with the [[contractor's)] employer's legal
duty to furnish information.
Notwithstanding any other provision of this division, a physician or
other licensed medical professional may use genetic information about,
and consider the genetic status of, an employee to evaluate whether a
disease, medical condition, or disability that is currently manifest is
preventing the employee from performing the essential functions of the
position if:
(1)
the genetic information is provided
to
the employee in writing as
soon as the information is available;
(2)
the genetic information is not disclosed to any other person
(including the employer) without the employee's voluntary,
written consent;
(3)
the genetic information 1s maintained as a medical record
separate from the employee's employment records; and
(4)
no other law prohibits:
(A)
the medical professional from collecting or usmg the
genetic information, or
(B)
the employer from considering the disease or disability, or
the employee's genetic status.
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Bill. No. 51-14
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(i)
This division does not prohibit genetic monitoring of biological effects
of toxic substances in the workplace if:
(1)
the employee has provided prior voluntary, informed consent in
writing to participate in the monitoring;
(2)
the employee receives the results of the monitoring, including
both aggregate information and any information regarding the
specific employee, as soon as results are available;
(3)
the monitoring complies with all other laws, such as regulations
protecting human subjects in research; and
(4)
the employer (other
than
a licensed medical professional involved
in the genetic monitoring) receives results of the monitoring only
in aggregate
terms
that do not disclose the identity of any specific
employee.
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(j)
An
employer must not require an employee to obtain or reveal any
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genetic information that the employer is prohibited from considering
under this division.
(k)
An
employer may requrre an employee to adhere to reasonable
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workplace appearance, grooming, and dress standards that are
nondiscriminatory and not precluded by any provision of state or federal
law. However, an employer must allow an employee to appear, groom,
and dress consistent with the employer's gender identity.
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BILL No. 51-14
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Approved:
~<A~dt~
George Leventhal, President, County Council
~;sj;s
Date
Approved:
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Date
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
~/?;-~
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