["sexual orientation" protection which will force Maryland businesses to hire or rent housing to homosexuals, even if the owner objects to the lifestyle on religous grounds. CALL NOW!]

SENATE BILL 138

Unofficial Copy 1999 Regular Session

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____________________________________________________________________________________

By: The President (Administration) and Senators Hoffman, Hollinger,

Kelley, Lawlah, and Ruben

Introduced and read first time: January 22, 1999

Assigned to: Judicial Proceedings

_____________________________________________________________________________________

A BILL ENTITLED

1 AN ACT concerning

2 Human Relations Commission - Jurisdiction - Sexual Orientation

3 FOR the purpose of prohibiting discrimination based on sexual orientation with

4 regard to public accommodations, housing, and employment; making certain

5 remedies and procedures regarding discrimination applicable to discrimination

6 based on sexual orientation; defining "sexual orientation"; making certain

7 technical changes; and generally relating to discrimination on the basis of

8 sexual orientation.

9 BY repealing and reenacting, with amendments,

10 Article 49B - Human Relations Commission

11 Section 5(a) and (b), 8(a), 14, 16, 19(a), 20(t), 22(a), 23, and 37(a)

12 Annotated Code of Maryland

13 (1998 Replacement Volume)

14 BY adding to

15 Article 49B - Human Relations Commission

16 Section 15(h) and 20(u)

17 Annotated Code of Maryland

18 (1998 Replacement Volume)

19 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

20 MARYLAND, That the Laws of Maryland read as follows:

21 Article 49B - Human Relations Commission

22 5.

23 (a) It is unlawful for an owner or operator of a place of public accommodation

24 or an agent or employee of the owner or operator, because of the race, creed, sex, age,

25 color, national origin, marital status, SEXUAL ORIENTATION, or physical or mental

26 handicap, of any person, to refuse, withhold from, or deny to such person any of the

2 SENATE BILL 138

1 accommodations, advantages, facilities and privileges of such place of public

2 accommodation.

3 (b) Nothing in this section shall be construed or interpreted to prohibit the

4 proprietor of any establishment, or the employees of the establishment, from the right

5 to deny service to any person for failure to conform to the usual and regular

6 requirements, standards and regulations for the establishment so long as the denial

7 is not based upon discrimination on the grounds of race, sex, age, color, creed,

8 national origin, marital status, SEXUAL ORIENTATION, or physical or mental

9 handicap.

10 8.

11 (a) It is unlawful for any person, business, corporation, partnership,

12 copartnership or association or any other individual, agent, employee, group or firm

13 which is licensed or regulated by a unit in the Department of Labor, Licensing, and

14 Regulation as set out in § 2-108 of the Business Regulation Article to refuse, withhold

15 from, deny or discriminate against any person the accommodations, advantages,

16 facilities, privileges, sales, or services because of the race, sex, creed, color, national

17 origin, marital status, SEXUAL ORIENTATION, or physical or mental handicap of any

18 person. Nothing in this section shall be construed or interpreted to prohibit any

19 person, business, corporation, partnership, copartnership, association or any other

20 individual, agent, employee, group or firm which is licensed or regulated by the

21 Department of Labor, Licensing, and Regulation from the right to refuse, withhold

22 from, or deny any person for failure to conform to the usual and regular

23 requirements, standards, and regulations of any person, business, corporation,

24 partnership, copartnership, or association contemplated by this section so long as the

25 denial is not based upon discrimination on the grounds of race, sex, color, creed, or

26 national origin, marital status, SEXUAL ORIENTATION, or physical or mental

27 handicap.

28 14.

29 It is hereby declared to be the policy of the State of Maryland, in the exercise of

30 its police power for the protection of the public safety, public health and general

31 welfare, for the maintenance of business and good government and for the promotion

32 of the State's trade, commerce and manufacturers to assure all persons equal

33 opportunity in receiving employment and in all labor management-union relations

34 regardless of race, color, religion, ancestry or national origin, sex, age, marital status,

35 SEXUAL ORIENTATION, or physical or mental handicap unrelated in nature and

36 extent so as to reasonably preclude the performance of the employment, and to that

37 end to prohibit discrimination in employment by any person, group, labor

38 organization, organization or any employer or his agents.

39 15.

40 For the purposes of this subtitle:

41 (H) "THE TERM SEXUAL ORIENTATION" MEANS:

3 SENATE BILL 138

1 (1) THE IDENTIFICATION OF AN INDIVIDUAL AS TO MALE OR FEMALE

2 HOMOSEXUALITY, HETEROSEXUALITY, BISEXUALITY; OR

3 (2) HAVING OR BEING PERCEIVED AS HAVING AN IDENTITY,

4 EXPRESSION, OR PHYSICAL CHARACTERISTICS NOT TRADITIONALLY ASSOCIATED

5 WITH ONE'S BIOLOGICAL SEX OR SEX AT BIRTH.

6 16.

7 (a) It shall be an unlawful employment practice for an employer:

8 (1) To fail or refuse to hire or to discharge any individual, or otherwise to

9 discriminate against any individual with respect to his compensation, terms,

10 conditions, or privileges of employment, because of such individual's race, color,

11 religion, sex, age, national origin, marital status, SEXUAL ORIENTATION, or physical

12 or mental handicap unrelated in nature and extent so as to reasonably preclude the

13 performance of the employment; or

14 (2) To limit, segregate, or classify his employees or applicants for

15 employment in any way which would deprive or tend to deprive any individual of

16 employment opportunities or otherwise adversely affect his status as an employee,

17 because of the individual's race, color, religion, sex, age, national origin, marital

18 status, SEXUAL ORIENTATION, or physical or mental handicap unrelated in nature

19 and extent so as to reasonably preclude the performance of the employment[;].

20 (b) It shall be an unlawful employment practice for an employment agency to

21 fail or refuse to refer for employment, or otherwise to discriminate against, any

22 individual because of his race, color, religion, sex, age, national origin, marital status,

23 SEXUAL ORIENTATION, or physical or mental handicap unrelated in nature and

24 extent so as to reasonably preclude the performance of the employment, or to classify

25 or refer for employment any individual on the basis of his race, color, religion, sex,

26 age, national origin, marital status, SEXUAL ORIENTATION, or physical or mental

27 handicap unrelated in nature and extent so as to reasonably preclude the

28 performance of the employment[;].

29 (c) It shall be an unlawful employment practice for a labor organization: (1) to

30 exclude or to expel from its membership, or otherwise to discriminate against, any

31 individual because of his race, color, religion, sex, age, national origin, marital status,

32 SEXUAL ORIENTATION, or physical or mental handicap unrelated in nature and

33 extent so as to reasonably preclude the performance of the employment; (2) to limit,

34 segregate or classify its membership, or to classify or fail or refuse to refer for

35 employment any individual, in any way which would deprive or tend to deprive any

36 individual of employment opportunities, or would limit such employment

37 opportunities or otherwise adversely affect his status as an employee or as an

38 applicant for employment, because of such individual's race, color, religion, sex, age,

39 national origin, marital status, SEXUAL ORIENTATION, or physical or mental

40 handicap unrelated in nature and extent so as to reasonably preclude the

41 performance of the employment; or (3) to cause or attempt to cause an employer to

42 discriminate against an individual in violation of this section[;].

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1 (d) It shall be an unlawful employment practice for any employer, labor

2 organization, or joint labor-management committee controlling apprenticeship or

3 other training or retraining, including on-the-job training programs to discriminate

4 against any individual because of his race, color, religion, sex, age, national origin,

5 marital status, SEXUAL ORIENTATION, or physical or mental handicap unrelated in

6 nature or extent so as to reasonably preclude the performance of the employment in

7 admission to, or employment in, any program established to provide apprenticeship or

8 other training[;].

9 (e) Is unlawful employment practice for an employer, labor organization, or

10 employment agency to print or cause to be printed or published any notice or

11 advertisement relating to employment by the employer or membership in or any

12 classification or referral for employment by the labor organization, or relating to any

13 classification or referral for employment by the agency, indicating any preference,

14 limitation, specification, or discrimination, based on race, color, religion, sex, age,

15 national origin, SEXUAL ORIENTATION, or on the basis of a physical or mental

16 qualification. However, a notice or advertisement may indicate a preference,

17 limitation, specification, or discrimination based on religion, sex, age, national origin,

18 SEXUAL ORIENTATION, or physical or mental qualification when religion, sex, age,

19 national origin, SEXUAL ORIENTATION, or physical or mental qualification is a bona

20 fide occupational qualification for employment[;].

21 (f) It is an unlawful employment practice for an employer to discriminate

22 against any of his employees or applicants for employment, for an employment agency

23 to discriminate against any individual, or for a labor organization to discriminate

24 against any member thereof or applicant for membership, because he has opposed

25 any practice made an unlawful employment practice by this subtitle or because he

26 has made a charge, testified, assisted, or participated in any manner in an

27 investigation, proceeding, or hearing under this subtitle[;].

28 (g) Notwithstanding any other provision of this subtitle, (1) it is not unlawful

29 employment practice for an employer to hire and employ employees, for an

30 employment agency to classify, or refer for employment any individual, for a labor

31 organization to classify its membership or to classify or refer for employment any

32 individual, or for an employer, labor organization or joint labor-management

33 committee controlling apprenticeship or other training or retraining programs to

34 admit or employ any individual in any such program, on the basis of his religion,

35 national origin, SEXUAL ORIENTATION, or physical or mental qualification in those

36 instances where sex, age, religion, national origin, SEXUAL ORIENTATION, or physical

37 or mental qualification is a bona fide occupational qualification reasonably necessary

38 to the normal operation of that particular business or enterprise; (2) it is not an

39 unlawful employment practice for an employer to establish standards concerning an

40 employee's dress and grooming if the standards are directly related to the nature of

41 the employment of the employee; (3) it is not an unlawful employment practice for a

42 school, college, university, or other educational institution or institution of learning to

43 hire and employ employees of a particular religion if the school, college, university, or

44 other educational learning institution or institution of learning is, in whole or in

45 substantial part, owned, supported, controlled, or managed by a particular religion or

46 by a particular religious corporation, association, or society or if the curriculum of the

5 SENATE BILL 138

1 school, college, university, or other educational institution or institution of learning is

2 directed toward the propagation of a particular religion; and (4) it is not unlawful for

3 an employer, employment agency or labor organization to observe the terms of a bona

4 fide seniority system or any bona fide employee benefit plan such as a retirement,

5 pension or insurance plan, which is not a subterfuge to evade the purposes of this

6 subtitle; however, no employee benefit plan shall excuse the failure to hire any

7 individual[;].

8 (h) Nothing contained in this subtitle shall be interpreted to require any

9 employer, employment agency, labor organization, or joint labor-management

10 committee subject to this subtitle to grant preferential treatment to any individual or

11 to any group because of the race, color, religion, sex, age, national origin, SEXUAL

12 ORIENTATION, or physical or mental handicap of the individual or group on account of

13 an imbalance which may exist with respect to the total number or percentage of

14 persons of any race, color, religion, sex, age, national origin, SEXUAL ORIENTATION, or

15 physically or mentally handicapped persons employed by any employer, referred or

16 classified for employment by any employment agency or labor organization, admitted

17 to membership or classified by any labor agency or labor organization, admitted to

18 membership or classified by any labor organization, or admitted to, or employed in,

19 any apprenticeship or other training program, in comparison with the total number or

20 percentage of persons of such race, color, religion, sex, age, national origin, SEXUAL

21 ORIENTATION, or physically or mentally handicapped persons in any community,

22 State, section, or other area, or in the available work force in any community, State,

23 section, or other area.

24 19.

25 (a) It is the policy of the State of Maryland to provide for fair housing

26 throughout the State of Maryland, to all its citizens, regardless of race, color, religion,

27 sex, familial status, national origin, marital status, SEXUAL ORIENTATION, or

28 handicap; and to that end to prohibit discriminatory practices with respect to

29 residential housing by any person or group of persons, in order that the peace, health,

30 safety, prosperity and general welfare of all the inhabitants of the State may be

31 protected and insured.

32 20.

33 (t) "Restrictive covenants" means any specification limiting the transfer,

34 rental, or lease of any dwelling because of race, color, religion, marital status, SEXUAL

35 ORIENTATION, sex, familial status, handicap, or national origin.

36 (U) "SEXUAL ORIENTATION" MEANS:

37 (1) THE IDENTIFICATION OF AN INDIVIDUAL AS TO MALE OR FEMALE

38 HOMOSEXUALITY, HETEROSEXUALITY, BISEXUALITY; OR

39 (2) HAVING OR BEING PERCEIVED AS HAVING AN IDENTITY,

40 EXPRESSION, OR PHYSICAL CHARACTERISTICS NOT TRADITIONALLY ASSOCIATED

41 WITH ONE'S BIOLOGICAL SEX OR SEX AT BIRTH.

6 SENATE BILL 138

1 22.

2 (a) Except as provided in § 21 of this subtitle, it is unlawful:

3 (1) To refuse to sell or rent after the making of a bona fide offer, or to

4 refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a

5 dwelling to any person because of race, color, religion, sex, handicap, marital status,

6 familial status, SEXUAL ORIENTATION, or national origin;

7 (2) To discriminate against any person in the terms, conditions, or

8 privileges of sale or rental of a dwelling, or in the provision of services or facilities in

9 connection with the sale or rental of a dwelling, because of race, color, religion, sex,

10 handicap, marital status, familial status, SEXUAL ORIENTATION, or national origin;

11 (3) To make, print, or publish, or cause to be made, printed, or published

12 any notice, statement, or advertisement, with respect to the sale or rental of a

13 dwelling that indicates any preference, limitation, or discrimination based on race,

14 color, religion, sex, handicap, marital status, familial status, SEXUAL ORIENTATION,

15 or national origin, or an intention to make any preference, limitation, or

16 discrimination;

17 (4) To represent to any person because of race, color, religion, sex,

18 handicap, marital status, familial status, SEXUAL ORIENTATION, or national origin

19 that any dwelling is not available for inspection, sale, or rental when the dwelling is

20 in fact available;

21 (5) For profit, to induce or attempt to induce any person to sell or rent

22 any dwelling by representations regarding the entry or prospective entry into the

23 neighborhood of a person or persons of a particular race, color, religion, sex, handicap,

24 marital status, familial status, SEXUAL ORIENTATION, or national origin;

25 (6) To discriminate in the sale of rental, or otherwise make unavailable

26 or deny, a dwelling to any buyer or renter because of a handicap of:

27 (i) The buyer or renter; or

28 (ii) A person residing in or intending to reside in the dwelling after

29 it is so sold, rented, or made available;

30 (7) To discriminate against any person in the terms, conditions, or

31 privileges of sale or rental of a dwelling, or in the provision of services or facilities in

32 connection with the dwelling, because of a handicap of:

33 (i) The person; or

34 (ii) A person residing in or intending to reside in the dwelling after

35 it is so sold, rented, or made available;

7 SENATE BILL 138

1 (8) To refuse to permit, at the expense of the handicapped person,

2 reasonable modifications of existing premises occupied or to be occupied by the

3 individual if:

4 (i) The modifications may be necessary to afford the handicapped

5 person full enjoyment of the dwelling; and

6 (ii) For a rental dwelling, the tenant agrees, at the tenant's

7 expense, to restore, reasonable wear and tear excepted, the interior of the dwelling to

8 the condition that existed before the modification on vacating the dwelling;

9 (9) To refuse to make reasonable accommodations in rules, policies,

10 practices, or services when the accommodations may be necessary to afford a

11 handicapped individual equal opportunity to use and enjoy a dwelling; or

12 (10) To fail to design or construct a covered multifamily dwelling for first

13 occupancy as required under subsection (b) of this section.

14 23.

15 (a) (1) It is unlawful for any person or other entity whose business includes

16 engaging in residential real estate related transactions to discriminate against any

17 person in making available a transaction, or in the terms or conditions of a

18 transaction, because of race, color, religion, sex, handicap, marital status, familial

19 status, SEXUAL ORIENTATION, or national origin.

20 (2) Nothing in paragraph (1) of this subsection prohibits a person

21 engaged in the business of furnishing appraisals of real property to take into

22 consideration factors other than race, color, religion, national origin, sex, handicap,

23 marital status, SEXUAL ORIENTATION, or familial status.

24 (b) It is unlawful, because of race, color, religion, sex, handicap, marital

25 status, familial status, SEXUAL ORIENTATION, or national origin, to deny a person

26 access to or membership or participation in a multiple-listing service, real estate

27 brokers' organization or other service, organization, or facility relating to the business

28 of selling or renting dwellings, or to discriminate against a person in the terms or

29 conditions of membership or participation.

30 37.

31 (a) Whether or not acting under color of law it is unlawful for any person, by

32 force or threat of force, to willfully injure, intimidate, interfere with, or attempt to

33 injure, intimidate, or interfere with:

34 (1) Any person because of race, color, religion, sex, handicap, marital

35 status, familial status, SEXUAL ORIENTATION, or national origin and because the

36 person is or has been:

8 SENATE BILL 138

1 (i) Selling, purchasing, renting, financing, occupying, or

2 contracting or negotiating for the sale, purchase, rental, financing, or occupation of

3 any dwelling; or

4 (ii) Applying for or participating in any service, organization, or

5 facility relating to the business of selling or renting dwellings; or

6 (2) Any person because the person is or has been, or in order to

7 intimidate the person or any other person or any class of persons from:

8 (i) Participating without discrimination on account of race, color,

9 religion, sex, handicap, marital status, familial status, SEXUAL ORIENTATION, or

10 national origin in any of the activities, services, organizations, or facilities described

11 in paragraph (1) of this subsection; or

12 (ii) Affording another person or class of persons the opportunity or

13 protection to participate in any of the activities, services, organizations or facilities

14 described in paragraph (1) of this subsection; or

15 (3) Any person because the person is or has been, or in order to

16 discourage the person or any other person from:

17 (i) Lawfully aiding or encouraging other persons to participate,

18 without discrimination on account of race, color, religion, sex, handicap, marital

19 status, familial status, SEXUAL ORIENTATION, or national origin, in any of the

20 activities, services, organizations, or facilities described in paragraph (1) of this

21 subsection; or

22 (ii) Participating lawfully in speech or peaceful assembly opposing

23 any denial of the opportunity to participate in any of the activities, services,

24 organizations or facilities described in paragraph (1) of this subsection.

25 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take

26 effect October 1, 1999.