5261
MONTGOMERY COUNTY
27-34. OTHER ENFORCEMENT PROCEDURES.
(A) ANY PERSON WHO HAS BEEN SUBJECTED TO ANY ACT
OF DISCRIMINATION PROHIBITED UNDER SECTION 27-30 OF THIS
ARTICLE SHALL BE DEEMED TO HAVE BEEN DENIED A CIVIL RIGHT
AND SHALL BE ENTITLED TO SUE FOR DAMAGES, INJUNCTION OR
OTHER CIVIL RELIEF, INCLUDING REASONABLE ATTORNEY'S FEES;
PROVIDED, HOWEVER, THAT NO SUIT SHALL BE COMMENCED UNTIL
FORTY-FIVE (45) DAYS AFTER A COMPLAINT ALLEGING SUCH AN
ACT OF DISCRIMINATION HAS BEEN FILED WITH THE COMMISSION
PURSUANT TO SECTION 27-32 AND PROVIDED, FURTHER, THAT IF
ANY PROCEEDINGS WITH RESPECT TO SUCH COMPLAINT ARE STILL
PENDING BEFORE THE EXECUTIVE SECRETARY OR THE COMMISSION
PANEL, THE COURT MAY, IN ITS DISCRETION, STAY PROCEEDINGS
BEFORE IT FOR NOT MORE THAN SIXTY (60) DAYS PENDING
RESOLUTION OF THE COMPLAINT. IN ADDITION TO ANY JUDICIAL
ENFORCEMENT PROVIDED ELSEWHERE IN THIS ARTICLE, IN ANY
CASE IN WHICH THE COMMISSION PANEL DETERMINES THAT THE
PERSON COMPLAINED AGAINST HAS VIOLATED THIS ARTICLE, THE
COMMISSION PANEL MAY CERTIFY THE MATTER TO THE COUNTY
ATTORNEY TO SEEK ANY AVAILABLE STATE OR FEDERAL JUDICIAL
RELIEF IN ANY COURT OF COMPETENT JURISDICTION ON BEHALF
OF THE PERSON SUBJECTED TO SUCH VIOLATION AND, WHERE
APPROPRIATE, ON BEHALF OF RESIDENTS OF MONTGOMERY COUNTY
SIMILARLY SITUATED.
(B) IN ANY CASE IN WHICH AN EMPLOYER, EMPLOYMENT
AGENCY, OR LABOR ORGANIZATION FAILS TO COMPLY WITH AN
ORDER OF A COURT ISSUED IN A CIVIL ACTION BROUGHT UNDER
SUBSECTION (A), THE COUNTY ATTORNEY MAY COMMENCE
PROCEEDINGS TO COMPEL COMPLIANCE WITH SUCH ORDER.
(C) WHENEVER THE COUNTY ATTORNEY HAS REASONABLE
CAUSE TO BELIEVE THAT ANY PERSON IS ENGAGED IN A PATTERN
OR PRACTICE OF RESISTANCE TO THE FULL ENJOYMENT OF ANY OF
THE RIGHTS SECURED BY THIS ARTICLE, THE COUNTY ATTORNEY
MAY ORIGINATE A CIVIL ACTION IN THE APPROPRIATE COURT BY
SIGNING AND FILING WITH THAT COURT A COMPLAINT SETTING
FORTH FACTS PERTAINING TO SUCH PATTERN OR PRACTICE, AND
REQUESTING BACK PAY OR SUCH OTHER RELIEF, INCLUDING AN
APPLICATION FOR A PERMANENT OR TEMPORARY INJUNCTION,
RESTRAINING ORDER OR OTHER ORDER AGAINST THE PERSON OR
PERSONS RESPONSIBLE FOR SUCH PATTERN OR OR PRACTICE, AS
ARE DEEMED NECESSARY TO INSURE THE FULL ENJOYMENT OF THE
RIGHTS HEREIN DESCRIBED.
27-3 5. COMPLAINTS AGAINST MONTGOMERY COUNTY OR ANY
INSTRUMENTALITY OR AGENCY THEREOF.
IN ANY CASE IN WHICH MONTGOMERY COUNTY OR ANY OF ITS
INSTRUMENTALITIES OR AGENCIES IS ALLEGED TO BE IN
VIOLATION OF ANY OF THE PROVISIONS OF THIS ARTICLE, A
COMPLAINT MAY BE FILED WITH THE COMMISSION AS HEREAFTER
PROVIDED OR, AT THE SOLE DISCRETION OF THE AGGRIEVED
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