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Session Laws, 1973
Volume 709, Page 1104   View pdf image
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1104                                      LAWS OF MARYLAND                                Ch. 493

(f) It shall be an unlawful employment practice for an employer to discriminate
against any of his employees or applicants for employment, for an employment
agency to discriminate against any individual, or for a labor organization to
discriminate against any member thereof or applicant for membership, because he
has opposed any practice made an unlawful employment practice by this subtitle or
because he has made a charge, testified, assisted, or participated in any manner in
an investigation, proceeding, or hearing under this subtitle;

(g) Notwithstanding any other provision of this subtitle, (1) it shall not be an
unlawful employment practice for an employer to hire and employ employees, for
an employment agency to classify, or refer for employment any individual, for a
labor organization to classify its membership or to classify or refer for
employment any individual, or for an employer, labor organization or joint
labor-management committee controlling apprenticeship or other training or
retaining [retraining] programs to admit or employ any individual in any such
program, on the basis of his religion or national origin in those instances where
sex, age, religion or national origin is a bona fide occupational qualification
reasonably necessary to the normal operation of that particular business or
enterprise; (2) it shall not be an unlawful employment practice for an employer to
establish standards concerning an employee's dress and grooming on the basis of
the employee's sex provided that the standards are directly related to the nature of
the employment of the employee; (3) it shall not be an unlawful employment
practice for a school, college, university, or other educational institution or
institution of learning to hire and employ employees of a particular religion if such
school, college, university, or other educational institution or institution of learning
is, in whole or in substantial part, owned, supported, controlled, or managed by a
particular religion or by a particular religious corporation, association, or society
or if the curriculum of such school, college, university, or other educational
institution or institution of learning is directed toward the propagation of a
particular religion; and (4) it shall not be unlawful for an employer, employment
agency or labor organization to observe the terms of a bona fide seniority system
or any bona fide employee benefit plan such as a retirement, pension or insurance
plan, which is not a subterfuge to evade the purposes of this subtitle, except that
no such employee benefit plan shall excuse the failure to hire any individual.

(h) Nothing contained in this subtitle shall be interpreted to require any
employer, employment agency, labor organization, or joint labor-management
committee subject to this subtitle to grant preferential treatment to any individual
or to any group because of the race, color, [creed] RELIGION, sex, age or
national origin of such individual or group on account of an imbalance which may
exist with respect to the total number or percentage of persons of any race, color,
[creed] RELIGION, sex, age or national origin employed by any employer,
referred or classified for employment by any employment agency or labor
organization, admitted to membership or classified by any labor agency or labor
organization, admitted to membership or classified by any labor organization, or
admitted to, or employed in, any apprenticeship or other training program, in
comparison with the total number or percentage of persons of such race, color,
[creed] RELIGION, sex, age or national origin in any community, State, section,
or other area, or in the available work force in any community, State, section, or
other area.

20.

This subtitle shall not apply to an employer with respect to the employment of
aliens outside of the State, or to a religious corporation, association,
EDUCATIONAL INSTITUTION or society with respect to the employment of
individuals of a particular religion to perform work connected with the carrying on
by such corporation, association, EDUCATIONAL INSTITUTION or society of
its [religion] activities [or to an educational institution with respect to the

 

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Session Laws, 1973
Volume 709, Page 1104   View pdf image
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