MARVIN MANDEL, Governor

1465

CHAPTER 559

(Senate Bill 77)

AN ACT concerning

Employment — Medical Questions

FOR the purpose of prohibiting certain medical
questioning of job applicants; giving the
[[Department of Health and Mental Hygiene]]

Commissioner__of Labor and Industry certain powers

and duties; and providing civil relief against
persons violating this act[[; and providing criminal
penalties for violations]].

BY adding to

[[Article 43 - Health

Section 54K

Annotated Code of Maryland

(1971 Replacement Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY. OF
MARYLAND, That new Section 54K be and it is hereby added
to Article 43 — Health, of the Annotated Code of Maryland
(1971 Replacement Volume and 1975 Supplement) to read as
follows:

Article 43 - Health]]

Article 100 — Work, Labor and Employment

Section 96

Annotated Code of Maryland

(1964 Replacement Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 96 be and it is hereby added
to Article 100 - Work, Labor and Employment, of the
Annotated Code of Maryland (1964 Replacement Volume and
1975 Supplement) to read as follows:

Article 100 — Work, Labor and Employment

[[54K]] 96.

(A)    AN EMPLOYER MAY NOT ASK AN APPLICANT ANY
QUESTION, WRITTEN OR ORAL, PERTAINING TO ANY [[PHYSICAL,

MENTAL OR EMOTIONAL]] PSYCHIATRIC OR PSYCHOLOGICAL

CONDITION OR TREATMENT WHICH DOES NOT BEAR A DIRECT,
MATERIAL, AND TIMELY RELATIONSHIP TO THE APPLICANT'S
FITNESS OR CAPACITY TO PROPERLY PERFORM THE ACTIVITIES OR
RESPONSIBILITIES OF THE DESIRED POSITION.

(B)    THIS SECTION DOES NOT PROHIBIT A PROPER