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Ch. 504
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2002 LAWS OF MARYLAND
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1-405.
IN ANY ACTION BROUGHT UNDER THIS SUBTITLE, A COURT MAY:
(1) ISSUE AN INJUNCTION TO RESTRAIN CONTINUED VIOLATION OF
THIS SUBTITLE,
(2) REINSTATE THE EMPLOYEE TO THE SAME, OR AN EQUIVALENT
POSITION HELD BEFORE THE RETALIATORY PERSONNEL ACTION VIOLATION OF §
1-402 OF THIS SUBTITLE;
(3) REMOVE ANY ADVERSE PERSONNEL RECORD ENTRIES BASED ON OR
RELATED TO THE RETALIATORY PERSONNEL ACTION VIOLATION OF § 1-402 OF THIS
SUBTITLE:
(4) REINSTATE FULL FRINGE BENEFITS AND SENIORITY RIGHTS;
(5) REQUIRE COMPENSATION FOR LOST WAGES, BENEFITS, AND OTHER
REMUNERATION; AND
(6) ASSESS REASONABLE COUNSEL ATTORNEYS FEES AND OTHER
LITIGATION EXPENSES AGAINST:
(I) THE EMPLOYER, IF THE EMPLOYEE PREVAILS; OR
(II) THE EMPLOYEE, IF THE COURT DETERMINES THAT THE
ACTION WAS BROUGHT BY THE EMPLOYEE IN BAD FAITH AND WITHOUT BASIS IN
LAW OR FACT.
1-406.
IN ANY ACTION BROUGHT UNDER THIS SUBTITLE, IT IS A DEFENSE THAT THE
PERSONNEL ACTION WAS BASED ON GROUNDS OTHER THAN THE EMPLOYEE'S
EXERCISE OF ANY RIGHTS PROTECTED UNDER THIS SUBTITLE.
1-407.
A CIVIL ACTION UNDER THIS SUBTITLE SHALL BE DEEMED A WAIVER OF THE
RIGHTS AND REMEDIES AVAILABLE UNDER ANY OTHER CONTRACT, COLLECTIVE
BARGAINING AGREEMENT, LAW, RULE, REGULATION, OR UNDER THE COMMON LAW
WITH RESPECT TO PROTECTION AGAINST EMPLOYER DISCRIMINATION OR
RETALIATION FOR EMPLOYEE DISCLOSURE OF UNLAWFUL BEHAVIOR OR
PARTICIPATION IN UNLAWFUL BEHAVIOR BY THE EMPLOYER
Article - State Personnel and Pensions
5-301.
This subtitle applies to all employees and State employees who are applicants
for positions in the Executive Branch of State government, including a unit with an
independent personnel system, EXCEPT THOSE EMPLOYEES LICENSED OR CERTIFIED
BY A BOARD UNDER THE HEALTH OCCUPATIONS ARTICLE.
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- 3908 -
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