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Maryland Manual, 1983-84
Volume 181, Page 374   View pdf image (33K)
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374/Maryland Manual

The Commission is authorized to make such
surveys and studies concerning human relations,
conditions, and problems as it may determine,
and to promote in every possible way the better-
ment of human and community relatins. The
agency also is responsible for submitting
legislaative recommendations to the Governor,
and overseeing compliance with the Code of Fair
Practices as promulgated by the Governor.

The 1974 General Assembly made major
amendments to the law. By Chapter 848, Acts of
1974, discrimination in housing on the basis of
marital status and sex is prohibited, and excep-
tions are provided with respect to the application
of certain provisions in the Discrimination in
Housing subtitle. By Chapter 601, Acts of 1974,
it is unlawful for persons and organizations to
discriminate in certain employment practices
against mentally and/or physically handicapped
people. The same law prohibits certain discrimi-
natory activities against the physically or mental-
ly handicapped in housing or obtaining loans on
dwellings. A parallel act prohibits discriminatory
activities in public accommodations, employment,
and housing because of marital status or physical
or mental handicaps (Chapter 875, Acts of
1974).

By Chapter 419, Acts of 1975, the Commission
may seek injunctive relief if it believes that such
action is necessary to preserve the status of the
parties or to prevent irreparable harm.

Chapter 333, Acts of 1975, provides that it is
not an unlawful employment practice for an em-
ployer to establish standards concerning an em-
ployee's dress and grooming if the standards are
directly related to the nature of the employment.

By Chapters 937, 907, and 706, Acts of 1977, a
number of important changes in the law were
enacted. The law authorizes the appointment of
hearing examiners to hear cases under the Human
Relations law, and provides for an appeal from
the decisions of the hearing examiner to the Com-
missioners. This new legislation also expanded the
Commission's power to order appropriate relief
for victims of discrimination by authorizing it to
award monetary relief, limited to two years back
Pay-
In addition to these changes in Commission
structure, procedures, and authority, by Chapter
907, Acts of 1977, employers are required to treat
disabilities caused or contributed to by pregnancy
or childbirth in the same manner as they treat
other disabilities.

By Chapter 684, Acts of 1978, the Commission
was given jurisdiction over sex and age discrimi-
nation in public accommodations. Chapter 629,
Acts of 1978, made it an unlawful housing prac-
tice to refuse to consider both incomes of hus-
band and wife who seek to buy or lease a dwell-
ing; to refuse to consider alimony or child
support as a valid source of income; and to re-
quest information about birth control devices in
evaluating any prospective buyer or lessee of a
dwelling.

In 1980 the General Assembly made it unlaw-
ful to aid and abet in violation of Article 49B, or
to obstruct the Commission from enforcing the
provision of the law (Chapter 505, Acts of 1980).

By Chapter 291, Acts of 1981, the standard for
judicial review of cases before the Commission
was made the same as that for all other agencies
under the Administrative Procedures Act. A sec-
ond 1981 act authorized a panel of Commission
members to serve as an appeal board for review
of hearing examiners' decisions (Chapter 336,
Acts of 1981). A third law mandated that the
Commission toward to the Real Estate Commis-
sion complaints of housing discrimination lodged
against a real estate agent or broker, when proba-
ble cause is found (Chapter 356, Acts of 1981).

In 1982 the General Assembly provided the
right of appeal from a Commission finding of no
probable cause (Chapter 129, Acts of 1982). Un-
der certain circumstances, a complainant may
make such appeal to a Circuit Court. In the same
year, the Legislature did away with discrimina-
tion against women in the application of employ-
ee pregnancy or childbirth disability benefits.
This was accomplished by Chapter 271, Acts of
1982, which removes the opportunity for an em-
ployer or impose a maximum time limit in which
normal pregnancy or childbirth benefits must be
paid.

Efforts in Fair Employment Practices are sup-
plemented by a deferral relationship and funding
as provided by the Equal Employment Opportu-
nity Commission. Similarly, the Commission's ef-
forts in fair housing are funded by the U.S. De-
partment of Housing and Urban Development
through Cooperative Agreements which fund case
processing as well as community education activi-
ties.

The Commission reports annually to the Gov-
ernor and General Assembly (Code 1957, Art.
49B).

 



 
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Maryland Manual, 1983-84
Volume 181, Page 374   View pdf image (33K)
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