SB 455
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader
Senate Bill 455 (Senator Sydnor)
Judicial Proceedings Health and Government Operations
Employment Discrimination - Time for Filing Complaints
This bill increases the time for filing a complaint with the Maryland Commission on Civil
Rights (MCCR) that alleges an unlawful employment practice other than harassment. A
complaint must be filed within 300 days after the date on which the alleged discriminatory
act occurred. A complaint filed with a federal human relations commission within
six months or a local human relations commission within 300 days must be deemed to have
complied with the requirements.
Fiscal Summary
State Effect: The bill is not anticipated to materially affect State operations or finances,
as discussed below.
Local Effect: The bill is not anticipated to materially affect local government operations
or finances.
Small Business Effect: Minimal.
Analysis
Current Law: Under § 20-602 of the State Government Article, it is State policy to assure
that all persons have equal opportunity in employment and in all labor management-union
relations. As such, discrimination in employment is prohibited on the basis of race, color,
religion, ancestry or national origin, sex, age, marital status, sexual orientation, gender
identity, or disability (unrelated in nature and extent so as to reasonably preclude the
performance of the employment).
On any of these bases or because of an individual’s refusal to submit to or make available
the results of a genetic test, an employer may not (1) fail or refuse to hire, discharge, or
otherwise discriminate against any individual with respect to the individual’s
compensation, terms, conditions or privileges or (2) limit, segregate, or classify its
employees or applicants for employment in any way that deprives or tends to deprive any
individual of employment opportunities or otherwise adversely affect the individual’s
status as an employee. An employer is also prohibited from (1) requesting or requiring
genetic tests or genetic information as a condition of hiring or determining benefits;
(2) failing or refusing to make a reasonable accommodation for the known disability of an
otherwise qualified employee; or (3) engaging in harassment of an employee. Furthermore,
statute includes additional prohibitions specific to unlawful employment practices by
employment agencies and labor organizations, as well as those related to training programs,
advertisements, and retaliation.
MCCR is the State agency charged with the enforcement of laws prohibiting discrimination
in employment, housing, public accommodations, and State contracting. Complaints
regarding discrimination in employment must be filed with MCCR within six months of
when the alleged discriminatory act occurred. A complaint filed with a federal or local
human relations commission within six months after the date on which the alleged
discriminatory act occurred must be deemed to have complied with this requirement. A
complaint alleging harassment against an employer must be filed within two years after the
date on which the alleged harassment occurred. A complaint filed with a federal human
relations commission within six months or a local human relations commission within
two years after the date on which the alleged harassment occurred must be deemed to have
complied with the statute of limitations.
Statute also specifies a process by which an individual may bring a civil action against a
respondent that alleges an unlawful employment practice. Civil actions in circuit court
generally must be filed within two years of when the alleged unlawful employment practice
occurred. In addition, the complainant must have initially filed a timely administrative
charge or a complaint under federal, State, or local law and 180 days must have elapsed
since that filing.
State Revenues: MCCR has a work-sharing agreement with the U.S. Equal Employment
Opportunity Commission (EEOC) to investigate employment discrimination complaints
where the State and federal laws converge. MCCR advises that the bill’s provisions related
to the statute of limitations for discrimination in employment conforms with federal law;
therefore, MCCR may be eligible for an increased amount of EEOC reimbursement if it is
able to close more complaints under this contract. However, it is assumed that any increase
in the number of complaints is likely to be minimal. As such, State revenues are not
materially affected.
SB 455/ Page 2
State Expenditures: MCCR advises that each investigative staff member handles up to
78 cases on an annual basis. According to its annual report, MCCR received
609 employment discrimination complaints in fiscal 2020; those complaints accounted for
79% of the total complaints received in that fiscal year. MCCR further advises that it can
likely handle any additional complaints with existing resources. However, if caseloads
increase substantially beyond what is anticipated, general fund expenditures increase to
hire additional investigative staff. The salary and benefits for one investigator is
approximately $80,000 annually.
The bill is not anticipated to materially affect the finances or operations of the Judiciary or
the Office of Administrative Hearings.
Additional Information
Prior Introductions: HB 728 of 2020, as amended, passed the House and was referred to
the Senate Judicial Proceedings Committee, but no further action was taken. Its cross file,
SB 1007, remained in the Senate Rules Committee. HB 1262 of 2019, a similar bill, passed
the House with amendments and received a hearing in the Senate Judicial Proceeding
Committee, but no further action was taken.
Designated Cross File: HB 290 (Delegate Hill, et al.) - Health and Government
Operations.
Information Source(s): Maryland Commission on Civil Rights; Judiciary
(Administrative Office of the Courts); Department of Legislative Services
Fiscal Note History: First Reader - February 1, 2021
an/jkb Third Reader - March 17, 2021
Analysis by: Tyler Allard Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 455/ Page 3


Statutes affected:
Text - First - Employment Discrimination - Time for Filing Complaints: 20-1004 State Government
Text - Third - Employment Discrimination - Time for Filing Complaints: 20-1004 State Government