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Ch. 177
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Martin O'Malley, Governor
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(I) THE COMMISSION FINDS THE RESPONDENT HAS
ENGAGED IN, OR IS ENGAGING IN A DISCRIMINATORY ACT; AND
(II) THERE IS A FAILURE TO REACH AN AGREEMENT FOR
THE REMEDY AND ELIMINATION OF THE DISCRIMINATORY ACT.
(2) THE ELECTION AUTHORIZED UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL BE MADE NOT LATER THAN 30 DAYS AFTER THE
COMPLAINANT OR RESPONDENT RECEIVES SERVICE UNDER § 11(A)(2) OF THIS
SUBTITLE.
(3) IF AN ELECTION IS NOT MADE UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THE COMMISSION SHALL PROVIDE AN OPPORTUNITY FOR A
HEARING AS PROVIDED UNDER § 11(A)(3) OF THIS SUBTITLE.
(B) WHEN A COMPLAINT IS FILED UNDER § 11 OF THIS SUBTITLE, THE
COMMISSION MAY ELECT TO HAVE THE CLAIMS ASSERTED IN THE COMPLAINT
DETERMINED IN A CIVIL ACTION BROUGHT ON THE COMMISSION'S OWN
BEHALF, IF:
(1) THE COMMISSION FINDS THE RESPONDENT HAS ENGAGED IN,
OR IS ENGAGING IN A DISCRIMINATORY ACT; AND
(2) THERE IS A FAILURE TO REACH AN AGREEMENT FOR THE
REMEDY AND ELIMINATION OF THE DISCRIMINATORY ACT.
(C) (1) IF A COMPLAINANT MAKES AN ELECTION UNDER SUBSECTION
(A) OF THIS SECTION, THAT INDIVIDUAL SHALL GIVE NOTICE OF THE ELECTION
TO THE COMMISSION AND TO ALL OTHER COMPLAINANTS AND RESPONDENTS.
(2) IF THE COMMISSION MAKES AN ELECTION UNDER
SUBSECTION (B) OF THIS SECTION, THE COMMISSION SHALL GIVE NOTICE OF
THE ELECTION TO ALL COMPLAINANTS AND RESPONDENTS.
(3) NOT LATER THAN 60 DAYS AFTER THE ELECTION IS MADE BY
ANY PARTY, THE COMMISSION SHALL FILE A CIVIL ACTION IN THE COURT OF
THE COUNTY WHERE THE ALLEGED ACT OF DISCRIMINATION TOOK PLACE.
(D) IF THE COURT FINDS THAT A DISCRIMINATORY ACT TOOK PLACE,
THE COURT MAY PROVIDE THE REMEDIES SPECIFIED IN § 11(E)(3) THROUGH (6)
OF THIS SUBTITLE.
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- 1395 -
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![clear space](../../../images/clear.gif) |