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Ch. 347
1996 LAWS OF MARYLAND
(3) PERFORM THE DUTIES ASSIGNED BY THE FAIR PRACTICES OFFICER
AND ANY OTHER DUTY REQUIRED BY THIS ARTICLE
(E) AN APPOINTING AUTHORITY SHALL DELAY THE EFFECTIVE DATE OF
ANY ADVERSE PERSONNEL ACTION THAT DIRECTLY AFFECTS AN EQUAL
EMPLOYMENT OPPORTUNITY OFFICER FOR UP TO 45 DAYS, PENDING REVIEW AND
RESOLUTION BY THE COORDINATOR.
5-208.
(A) (1) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, ALL
PERSONNEL ACTIONS CONCERNING AN EMPLOYEE IN THE EXECUTIVE BRANCH OF
STATE GOVERNMENT SHALL BE MADE WITHOUT REGARD TO ANY FACTOR IN IN
ACCORDANCE WITH § 2-302 OF THIS ARTICLE
(2) AN EMPLOYEE IN A POSITION IN THE SKILLED SERVICE OR
PROFESSIONAL SERVICE OF THE STATE PERSONNEL MANAGEMENT SYSTEM OR A
COMPARABLE POSITION IN AN INDEPENDENT PERSONNEL SYSTEM IN THE
EXECUTIVE BRANCH IS ENTITLED TO THE PROTECTIONS UNDER SUBSECTION (B) OF
THIS SECTION.
(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, ALL
PERSONNEL ACTIONS CONCERNING ANY EMPLOYEE OR APPLICANT FOR
EMPLOYMENT IN THE SKILLED SERVICE OR PROFESSIONAL SERVICE OF THE STATE
PERSONNEL MANAGEMENT SYSTEM OR COMPARABLE POSITION IN AN
INDEPENDENT PERSONNEL SYSTEM IN THE EXECUTIVE BRANCH OF STATE
GOVERNMENT SHALL ALSO BE MADE WITHOUT REGARD TO:
(1) ANY PROHIBITED FACTOR LISTED IN § 2-302 OF THIS ARTICLE;
(2) (1) THE EMPLOYEE'S POLITICAL AFFILIATION, BELIEF, OR
OPINION; OR
(3) (2) ANY OTHER NONMERIT FACTOR.
(C) A PERSONNEL 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.
5-209.
AN EMPLOYEE IN THE SKILLED SERVICE, PROFESSIONAL SERVICE, OR
MANAGEMENT SERVICE OF THE STATE PERSONNEL MANAGEMENT SYSTEM MAY
ELECT TO PURSUE AN ALLEGATION OF EMPLOYMENT DISCRIMINATION UNDER:
(1) THE COMPLAINT PROCEDURES IN THIS SUBTITLE; OR
(2) THE GRIEVANCE PROCEDURES IN TITLE 12 OF THIS ARTICLE.
5-210.
(A) A COMPLAINANT MAY BE REPRESENTED DURING THE COMPLAINT
PROCESS BY ANY PERSON THE COMPLAINANT CHOOSES.
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