BLAIR LEE III, Acting Governor

2047

[11B.] 7.

(a)    The agencies, officers and employees of the State
of Maryland may not engage in any of the discriminatory
practices which are prohibited by §§ [11, 19, 22, 22A and
23] 5, 16, 20, 21, AND 22 of this article. However, the
provisions of § [11] 5 and § [22] 20 may not be construed to
prevent the State of Maryland from providing separate
facilities for males and females in State-owned or
State-operated public institutions or from operating or
funding special or separate programs and facilities for
children, the aged, or other special populations.

(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] COMMISSION.

[11C.] 8.

It is unlawful for any person, business, corporation,
partnership, copartnership or association or any other
individual, agent, employee, group or firm which is licensed
or regulated by the Department of Licensing and
[Regulations] REGULATION as set out under Article 41,
Subtitle [5A] 15, §221A(a) "The Department of Licensing and
[Regulations] REGULATION," to refuse, withhold from, deny or
discriminate against any person the accommodations,
advantages, facilities, privileges, sales or services
because of the race, sex, creed, color, national origin,
marital status, or physical or mental handicap of any
person. Nothing in this section shall be construed or
interpreted to prohibit any person, business, corporation,
partnership, copartnership, association or any other
individual, agent, employee, group or firm which is licensed
or regulated by the Department of Licensing and Regulation
from the right to refuse, withhold from or deny any person
for failure to conform to the usual and regular
requirements, standards and regulations of any such person,