Ch. 10

1993 LAWS OF MARYLAND

EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, ALL PERSONNEL
ACTIONS SHALL BE MADE WITHOUT REGARD TO:

(1)    AGE;

(2)      ANCESTRY;

(3)      COLOR;

(4)    CREED;

(5)      MARITAL STATUS;

(6)    MENTAL OR PHYSICAL DISABILITY;

(7)      NATIONAL ORIGIN;

(8)      POLITICAL AFFILIATION, BELIEF, OR OPINION;

(9)      RACE;

(10)    RELIGIOUS AFFILIATION, BELIEF, OR OPINION;

(11)    SEX; OR

(12)    ANY OTHER NONMERIT FACTOR.

(B) EXCEPTION.

AN ACTION MAY BE TAKEN WITH REGARD TO AGE, SEX, OR DISABILITY TO THE
EXTENT THAT AGE, SEX, OR PHYSICAL OR MENTAL QUALIFICATION IS A BONA FIDE
OCCUPATIONAL QUALIFICATION.

REVISOR'S NOTE: Subsections (a)(1), (3), and (5) through (12) and (b) of. this
section are new language derived without substantive change from the second
sentence of former Art. 64A, § 12A.

Subsection (a)(2) and (4) of this section is new language added to conform to
former Art. 64A, § 15A(e)(3), revised as § 12-203(c) of this article, which
similarly prohibits discrimination in contractual employment. See also
Executive Order 01.01.1987.20 and Art. 49B, §§ 16 through 18.

For similar consistency, the reference to "belief" is added in subsection (a)(8)
and (10). See also § 4-301(b)(2)(ii) of this article and its Revisor's Note.

In subsection (b) of this section, the phrase "bona fide occupational
qualification" is substituted for the former reference to "bona fide job
requirement" to conform to the terminology used in Art. 49B, § 16 of the
Code.

In this section and throughout this Division I, the term "disability" is
substituted for the former reference to "handicap" to conform to current
usage.

- 668 -