|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2865
|
|
|
|
|
MARVIN MANDEL, Governor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(B) IN ANY DISCRIMINATION CASE IN WHICH AN AGENCY,
OFFICER OR EMPLOYEE OF THE STATE OF MARYLAND IS A
RESPONDENT, THE RULES, PROCEDURES, POWERS, RIGHTS AND
REMEDIES WHICH ARE APPLICABLE IN SUCH A CASE SHALL BE
THOSE WHICH ARE APPLICABLE IN A DISCRIMINATION CASE IN
WHICH A PRIVATE PERSON IS THE RESPONDENT. HOWEVER,
NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE
CONTRARY, (1) AN AWARD OF MONETARY RELIEF OR DAMAGES IS
NOT AVAILABLE AS A REMEDY IN ANY DISCRIMINATION CASE IN
WHICH AN AGENCY, OFFICER, OR EMPLOYEE OF THE STATE OF
MARYLAND IS A RESPONDENT, AND (2) THE COMMISSION MAY NOT
ACT UPON A COMPLAINT MADE BY OR ON BEHALF OF A STATE
EMPLOYEE UNTIL THAT EMPLOYEE HAS EXHAUSTED ALL AVAILABLE
REMEDIES UNDER THE CODE OF FAIR PRACTICES. IN
DISCRIMINATION CASES IN WHICH AN AGENCY, OFFICER OR
EMPLOYEE IS A RESPONDENT, THE POWER OF THE HUMAN
RELATIONS COMMISSION INCLUDES THE AUTHORITY TO SEEK
INJUNCTIVE RELIEF OR JUDICIAL ENFORCEMENT OF ITS ORDERS
AGAINST SUCH RESPONDENTS.
(C) IN A DISCRIMINATION CASE IN WHICH THE HUMAN
RELATIONS COMMISSION, OR A MEMBER, OFFICER OR EMPLOYEE OF
THE COMMISSION IS A RESPONDENT, THE GOVERNOR SHALL
SPECIALLY DESIGNATE A PERSON TO PERFORM THE FUNCTIONS
USUALLY PERFORMED BY THE PERSON WHO IS THE RESPONDENT.
[If the Commission has received reliable information
from any individual or individuals, and after a proper
investigation by the Commission, it shall be determined
by the Commission that an officer or employee of a State
agency, department or board has engaged in discrimination
in hiring, firing, or any other type of activity against
any person because of race, creed, color, sex, age,
national origin, marital status, or physical or mental
handicap unrelated in nature and extent so as to
reasonably preclude the performance of the employment,
and if the Commission is unsuccessful in resolving the
complaint, then the Commission shall report such act to
the Governor, and he shall review the case and findings
of the Commission. If the Governor is satisfied that an
act of discrimination has taken place, he shall remove or
suspend the officer or employee or take such action as he
deems appropriate under the circumstances. Provided,
however, that any removal, suspension, or other action
affecting any officer or employee who is covered by the
State merit system shall be subject to all rules and
regulations pertaining thereto. The authority of the
Commission relating to discrimination in State agencies,
boards or departments shall be limited to investigation,
conciliation, mediation and reporting to the Governor as
provided in this section.]
|
|
|
|
|
|
|
|
|
|
SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1977.
Approved May 26, 1977.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
