State Law

• Jurisdiction: Maryland

II. STATE LAW

The Maryland Human Relations Law (also called the Maryland Fair Employment Practices Act), now codified in Md. Code Ann., State Government II § 20-606(a)(i) (2014 & Supp. 2020) (hereinafter State Gov't II § ___),¹¹³ prohibits discrimination, inter alia, based on "the individual's race, color, religion, sex, age, national origin, marital status, sexual orientation, genetic information, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment . . . ." (emphasis added). The state law defines "disability" as follows:

(i) 1. a physical disability, infirmity, malformation, or disfigurement that is caused by bodily injury, birth defect, or illness, including epilepsy; or

2. a mental impairment or deficiency;

(ii) a record of having a physical or mental impairment as otherwise defined under this subsection; or

(iii) being regarded as having a physical or mental impairment as otherwise defined under this subsection.

(2) "Disability" includes:

(i) 1. any degree of paralysis, amputation, or lack of physical coordination;

2. blindness or visual impairment;

3. deafness or hearing impairment;

4. muteness or speech impediment; and

5. physical reliance on a service animal, wheelchair, or other remedial appliance or device; and

(ii) retardation and any other mental impairment or deficiency that may have necessitated remedial or special education and related services.¹¹⁴

"The Maryiand Fair Employment Practices Act has 'substantially identical provisions to the ADA statute.'"¹¹⁵ However, while incorporating the state anti-discrimination laws within the State Government Article, "the General Assembly added explicit language making an employer's failure or refusal to make a reasonable accommodation for an otherwise qualified employee known to have a disability, a separate ground for an illegal employment practice. [citation omitted]. The General Assembly carefully qualified this obligation, as did Congress under the ADAA, [footnote omitted] to say that an employer is not required 'to reasonably accommodate an employee's . . . disability if the accommodation would cause undue hardship on the conduct of the employer's business.'"¹¹⁶

On other hand, in Meade v. Shangri-La Partnership, 424 Md. 476, 489-92, 36 A.3d 483 (2012), the Court of Appeals took a liberal approach to defining what health conditions constitute a "disability" under the Howard County Law, looking to the ADA Amendments Act of 2008 for guidance.¹¹⁷

The State Human Relations Law, State Gov't II § 20-609, also prohibits discrimination based on disabilities due to pregnancy or childbirth. This prohibition is as follows:

(b) Treatment as temporary disabilities.—Disabilities caused or contributed to by pregnancy or childbirth:

(1) are temporary disabilities for all job-related purposes; and

(2) shall be treated as temporary disabilities under any health or temporary disability insurance or sick leave plan available in connection with employment.

(c) Parity with other temporary disabilities.—Written and unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions of leave, the accrual of seniority and other benefits and privileges, reinstatement, and payment under any health or temporary disability insurance or sick leave plan, formal or informal, shall be applied to disability due to pregnancy or childbirth on the same terms and conditions as they are applied to other temporary disabilities.

Absent contrary state or local statutes or case law, state courts "look to federal law interpreting the ADA for guidance."¹¹⁸ However, decisions under the federal laws do not bind the courts in cases arising under the state or county laws.¹¹⁹ Thus, in Townes v. Md. Dep't of Juvenile Servs., Civ. No. JKB-15-1093, 2015 U.S. Dist. LEXIS 137332, at *21 (D. Md. Oct. 8, 2015), the U.S. District Court pointed out:

Although the MFEPA has been labeled the "Maryland State analogue to the ADA," George v. Md. Dep't of Corr. Serv., Civ. No. WMN-14-2808, 2015 U.S. Dist. LEXIS 22343, 2015 WL 847416, at *4 n.5 (D. Md. Feb. 25, 2015), aff'd, No. 15-1323, 2015 U.S. Appeal LEXIS 16011, 2015 WL 5236796 (4th Cir. Sept. 9, 2015) (mem.), the Court of Appeals of Maryland recently clarified that Maryland regulations require "an individualized assessment by the employer of the employee's abilities to perform the essential functions of a job," a process according "stronger protection for the employee than the federal 'interactive process' regulation." Adkins, 119 A.3d at 164 (emphasis added); see also Md. Code Regs. 14.03.02.04(B)(3).

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