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3557
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MARVIN MANDEL, Governor
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DISCRIMINATION IN EMPLOYMENT. IN ADDITION THE COMMISSION
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MAY PROVIDE OTHER NONMONETARY RELIEF TO VICTIMS OF
DISCRIMINATION. THE MONETARY AWARD SHALL BE LIMITED TO
DIRECT FINANCIAL LOSS RESULTING FROM EMPLOYMENT. IF THE
RESPONDENT IS FOUND TO HAVE ENGAGED IN OR TO BE ENGAGING
IN AN UNLAWFUL EMPLOYMENT PRACTICE CHARGED IN THE
COMPLAINT, THE REMEDY MAY INCLUDE, BUT IS NOT LIMITED TO,
REINSTATEMENT OR HIRING OF EMPLOYEES, WITH OR WITHOUT
BACK PAY (PAYABLE BY THE EMPLOYER, EMPLOYMENT AGENCY, OR
LABOR ORGANIZATION, AS THE CASE MAY BE, RESPONSIBLE FOR
THE UNLAWFUL EMPLOYMENT PRACTICE), OR ANY OTHER EQUITABLE
RELIEF THAT IS DEEMED APPROPRIATE. THE AWARD OF MONETARY
RELIEF SHALL BE LIMITED TO A TWO-YEAR PERIOD, EXCEPT THAT
SUCH TWO-YEAR PERIOD SHALL NOT APPLY TO LOSSES INCURRED
BETWEEN THE TIME OF THE COMMISSION'S FINAL DETERMINATION
AND THE FINAL DETERMINATION BY THE CIRCUIT COURT OR
HIGHER APPELLATE COURT, AS THE CASE MAY BE. INTERIM
EARNING OR AMOUNTS EARNABLE WITH REASONABLE DILIGENCE BY
THE PERSON OR PERSONS DISCRIMINATED AGAINST SHALL OPERATE
TO REDUCE THE MONETARY RELIEF OTHERWISE ALLOWABLE. IN
CASES OF DISCRIMINATION OTHER THAN THOSE INVOLVING
EMPLOYMENT, NON-MONETARY RELIEF MAY BE GRANTED TO THE
COMPLAINANT.
(f) [If upon all the evidence, the Commission
finds that the respondent has not engaged in any such
alleged discriminatory act within the scope of the
particular subtitle, it shall state its findings of fact
and shall similarly issue and file an order dismissing
the complaint.] THE PROVISIONS OF SUBSECTION (E)
GRANTING THE AUTHORITY TO AWARD MONETARY RELIEF TO A
COMPLAINANT SHALL APPLY ONLY TO THOSE COMPLAINTS FILED
WITH THE COMMISSION ON OR AFTER JULY 1, 1977.
(g) [If a decision of a hearing tribunal is not
unanimous, the aggrieved party may petition within ten
days to the remaining members of the Commission for a
review of the decision. Such review by the Commission
shall be limited to a review of the entire record of
proceedings before the hearing tribunal; provided,
however, the Commission may order further argument if
necessary in making such a review. The Commission, after
making such a review, shall affirm, reverse or modify the
decision of the hearing tribunal and an appropriate order
shall be filed in accordance with this action.] IF UPON
ALL THE EVIDENCE, THE HEARING EXAMINER OR THE COMMISSION
FINDS THAT THE RESPONDENT HAS NOT ENGAGED IN ANY ALLEGED
DISCRIMINATORY ACT WITHIN THE SCOPE OF THE PARTICULAR
SUBTITLE, IT SHALL STATE ITS FINDINGS OF FACT AND SHALL
SIMILARLY ISSUE AND FILE AN ORDER DISMISSING THE
COMPLAINT.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall terminate the terms of office of the members of the
Human Relations Commission who were in office on June 30,
1977, out in making the appointment of members of the
Commission under the provisions of this Act, wherever
possible, the Governor shall give consideration to the
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