446                              LAWS OF MARYLAND                      [CH. 186

THROUGH THE INSURED HAS BREACHED THE POLICY BY
FAILING TO COOPERATE WITH THE INSURER OR BY NOT
GIVING REQUISITE NOTICE TO THE INSURER, SUCH DIS-
CLAIMER SHALL BE EFFECTIVE ONLY IF THE INSURER
ESTABLISHES, BY A PREPONDERANCE OF AFFIRMATIVE
EVIDENCE THAT SUCH LACK OF COOPERATION OR NOTICE
HAS RESULTED IN ACTUAL PREJUDICE TO THE INSURER.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1964.

Approved April 7, 1964.

CHAPTER 186
(House Bill 96)

AN ACT to add new Sections 78, 79 and 80 to Article 100 of the An-
notated Code of Maryland (1957 Edition), title "Work, Labor and
Employment," to follow immediately after Section 77 thereof, and
to be under the new subtitle "Discrimination," defining as an un-
lawful A HARMFUL employment practice certain discrimination
in employment because of the age of any individual, making this
law apply generally to employers and employment agencies, and
relating generally to age in relation to employment in this State.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Sections 78, 79 and 80 be and they are hereby added to
Article 100 of the Annotated Code of Maryland (1957 Edition), title
"Work, Labor and Employment," to follow immediately after Sec-
tion 77 thereof, and to be under the new subtitle "Discrimination,"
and to read as follows:

DISCRIMINATION

78.

(a)  It is harmful employment practice:

(b)  For an employer, because of the age of any person, to re-
fuse to hire or employ or to bar or discharge the person from em-
ployment, or to discriminate against the person in compensation
or in terms, conditions or privileges of employment, because of his
age, , UNLESS BASED UPON A BONA FIDE OCCUPATIONAL
QUALIFICATION.

(c)  For an employer or employment agency to print or circulate,
or cause to be printed or circulated, any statement, advertisement,
or publication, or to use any form of application for employment,
or to make any inquiry in connection with prospective employment,
which directly or indirectly, expresses any limitation, specification,
or discrimination as to age, or any intent to make any such limita-
tion, specification, or discrimination, unless based upon a bona fide
occupational qualification.