Ch. 348

1997 LAWS OF MARYLAND

(c) In a civil action under this [subtitle) SECTION, the court, in its discretion,
may allow the prevailing party reasonable attorney's fees, expert witness fees, and costs.

43.

(A) IN BALTIMORE COUNTY, IN ACCORDANCE WITH THIS SUBTITLE, A
PERSON WHO IS EMPLOYED BY AN EMPLOYER WITH LESS FEWER THAN 15
EMPLOYEES AND WHO IS SUBJECTED TO AN ACT OF DISCRIMINATION PROHIBITED
BY THE COUNTY CODE MAY BRING AND MAINTAIN A CIVIL ACTION AGAINST THE
EMPLOYER WHO COMMITTED THE ALLEGED DISCRIMINATORY ACT FOR CIVIL
RELIEF AS PROVIDED UNDER SUBSECTION (C) OF THIS SECTION.

(B) (1) AN ACTION UNDER SUBSECTION (A) OF THIS SECTION SHALL BE
COMMENCED IN THE CIRCUIT COURT FOR THE BALTIMORE COUNTY IN WHICH THE
ALLEGED DISCRIMINATION TOOK PLACE NOT LATER THAN 2 YEARS AFTER THE
OCCURRENCE OF THE ALLEGED DISCRIMINATORY ACT.

(2) SUBJECT TO THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION, AN ACTION UNDER SUBSECTION (A) OF THIS SECTION MAY NOT BE
COMMENCED SOONER THAN 60 DAYS AFTER THE AGGRIEVED PERSON FILES A
COMPLAINT WITH THE COUNTY AGENCY RESPONSIBLE FOR HANDLING VIOLATIONS
OF THE COUNTY DISCRIMINATION LAWS.

(C) (1) IN A CIVIL ACTION UNDER THIS SECTION, THE COURT MAY ALLOW
THE PREVAILING PARTY:

(I) INJUNCTIVE RELIEF;

(II) COMPENSATORY DAMAGES, INCLUDING BACK PAY; OR

(III) BOTH INJUNCTIVE RELIEF AND COMPENSATORY DAMAGES.

(2) A PREVAILING PARTY MAY NOT BE AWARDED PUNITIVE DAMAGES
UNDER THIS SECTION.

(3) THE COURT, IN ITS DISCRETION, MAY ALLOW THE PREVAILING
PARTY REASONABLE ATTORNEYS' FEES.

SECTION 2. AND BE IT FURTHER ENACTED, That the provisions of this
Act shall be applied prospectively to acts occurring on or after October 1, 1997.

SECTION 3. AND BE IT FURTHER ENACTED, That any case filed under this
Act that is pending in the Circuit Court for Baltimore County upon the termination of
this Act shall continue under and remain subject to the jurisdiction of the Circuit Court as
if this Act were in effect.

SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall be void if the
General Assembly enacts legislation granting that grants the Maryland Commission on
Human Relations jurisdiction over discrimination complaints against an employer who
has one or more employees and that provides for remedies comparable to the remedies
provided by this Act, at which time the provisions of this Act shall be abrogated and of no
further force and effect. The Executive Director of the Maryland Commission on Human

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