Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 03 - COMMISSION ON HUMAN RELATIONS
Chapter 14.03.02 - Anti-Discrimination Relating to Persons with Disabilities
Section 14.03.02.04 - Employment
Universal Citation: MD Code Reg 14.03.02.04
Current through Register Vol. 51, No. 19, September 20, 2024
A. Unlawful Employment Practices Generally. It is an unlawful employment practice for a covered entity to discriminate on the basis of disability against a qualified individual with a disability with regard to:
(1) Recruitment, advertising, and job
application procedures;
(2) Hiring,
upgrading, promotion, tenure, demotion, transfer, layoff, termination, right of
return from layoff, and rehiring;
(3) Rate of pay, other form of compensation,
and change in compensation;
(4) Job
assignment, job referral, job classification, organizational structure,
position description, line of progression, and seniority list;
(5) Leave of absence, sick leave, family
leave, or other leave;
(6) Fringe
benefits available by reason of employment, whether administered by the covered
entity, except for underwriting or rate-setting practices of an insurer, as
that term is defined in Insurance Article, §
1-101(v),
Annotated Code of Maryland;
(7)
Union membership;
(8) Selection and
financial support for training, including apprenticeship, professional
meetings, conferences, and other related activities, and selection for leave of
absence to pursue training;
(9)
Employer-sponsored activities, including social or recreational programs;
and
(10) Any other term, condition,
or privilege of employment.
B. Unlawful Employment Practices Specifically. A covered entity may not:
(1)
Limit, segregate, or classify a job applicant or employee in a way that
adversely affects the individual's employment opportunities or status, on the
basis of disability prohibited by this chapter;
(2) Participate in a contractual or other
arrangement or relationship that has the effect of subjecting an applicant or
employee to the discrimination, on the basis of disability prohibited by this
chapter; or
(3) Fail to make an
individualized assessment of a qualified individual with a disability's ability
to perform the essential functions of a job, unless the qualification standard,
employment test, or other selection criteria under which the individual was
disqualified meet the requirements of a bona fide occupational qualification
(BFOQ) reasonably necessary to the normal operation of the particular business
or program.
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