City and County Ordinances

• Jurisdiction: Maryland

III. CITY AND COUNTY ORDINANCES

State Gov't II § 20-1202 permits five specified jurisdictions (Baltimore City, Baltimore County, Howard County, Montgomery County, and Prince George's County) to provide for private causes of action for alleged violations of those jurisdictions' fair employment practice laws.¹³⁴ The Code requires that a person alleging discrimination for violations of a county's discrimination laws first must file a complaint with the county agency responsible for handling such violations, such as the Prince George's County Human Relations Commission.¹³⁵

As with the federal laws, before filing a suit under the state law or county laws, a complainant must first exhaust administrative remedies by filing a timely administrative charge with a state or county civil rights agency.¹³⁶ When a plaintiff alleging discrimination under a state or county code fails to exhaust her remedies with the appropriate local commission, the claim must be dismissed.¹³⁷

Moreover, besides filing a timely administrative charge with a local agency, the plaintiff must be sure to file suit within two years, the statute of limitations under State Gov't II § 2010-13(a).¹³⁸

A. Baltimore City

The Baltimore City Code art. 4, § 1-1(f), defines "Discrimination" as "any difference in the treatment of an individual or person because of race, color, religion, national origin, ancestry, sex, marital status, physical or mental disability, sexual orientation, or gender identity or expression" (emphasis added). Baltimore City Code art. 4, § 3-1, makes it an unlawful employment practice . . .

(1) for any employer to discriminate against an individual with respect to hire, tenure, promotion, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment;

(2) for any employer, employment agency, or labor organization to practice discrimination by denying or limiting through a quota system or otherwise, employment or membership opportunities to any group or individual;

*** (7) for any employer, employment agency, or labor organization to discriminate against any individual because he has sought psychiatric help.

Baltimore City Code art. 4, § 1-1, has the following applicable definitions:

(o) Mental disability.

(1) "Mental disability" means the existence of, or history of, an emotional or intellectual disorder, as defined by psychiatrists, which requires special educational or psychotherapeutic services, and includes being regarded as having such an impairment, but shall not include a judicial determination of disability.

(2) "Mental disability" does not include current, illegal use of or addiction to a controlled substance (as defined in § 102 of the Controlled Substance Act (21 U.S.C. 802)).

*** (3) The term "person" also means an agent of any person.

(q) Physical disability.

(1) "Physical disability" means any physical condition, infirmity, malformation or disfigurement which is caused by bodily injury, birth defect, trauma, or illness, including epilepsy, which shall include, but not be limited to any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, muteness or speech impairment or disorder, or physical reliance on a seeing eye dog, wheelchair, or any other remedial appliance, device, or medication, and includes a record of having such a disability or being regarded as having such a disability.

(2) "Physical disability" does not include current, illegal use of or addiction to a controlled substance (as defined in § 102 of the Controlled Substances Act (21 U.S.C. 802)).

The Baltimore City Code does not provide for a private cause of action.¹³⁹ Therefore, a complainant who wishes to complain of disability discrimination under the City Code must file an administrative complaint with the Baltimore Community Relations Commission and pursue the complaint through investigation and a hearing by that commission.

B. Baltimore County

The Baltimore County Human Relations Law, Baltimore Cty. Code §§ 29-1-101(d), 29-2-202(a), prohibits employment discrimination based on, inter alia, "physical or mental disability." The Baltimore County law defines "Physical or mental disability" as "a physical or mental condition which":

(1) Substantially limits one or more of an individual's major life activities;

(2) Is historically a part of the individual's record; or

(3) Is regarded as an impairment.¹⁴⁰

The law contains the following prohibitions on employment discrimination by employers or employment agencies:

(a) Employer. An employer may not engage in discrimination in:

(1) Discharging a person;

(2) Refusing to hire a person;

(3) Acting against a person with respect to compensation or other terms and conditions of employment; or

(4) The manner in which the employer limits, segregates, classifies, or assigns an employee.

(b) Employment agency. An employment agency may not engage in discrimination in:

(1) Failing or refusing to refer a person for employment;

(2) Acting against a person concerning the kind of employment for which a referral could have been made; or

(3) The manner in which the employment agency classifies a person for employment.

Note that the definition of adverse action is somewhat different from that in the ADA and RA.

The statute also prohibits discrimination by labor unions and apprenticeship and training programs.¹⁴¹

The Baltimore County law also prohibits various...