maryland commission on civil rights state gov. art., title 20 … › ... ›...

Maryland Commission on Civil Rights State Gov. Art., Title 20

MCCR 101

Presenter: Glendora C. Hughes

General Counsel

5/12/2015 Maryland Commission on Civil Rights 1

Discrimination Protections

• Maryland Commission on Civil Rights (MCCR) enforces the State’s anti-discrimination law: State Government Article, Title 20, Annotated Code of MD


Title 20 protects Marylanders against discrimination in

• Employment

• Housing

• Public Accommodations


Persons are protected against unlawful discrimination because of :

• Race • Color • Religion • Sex • National Origin • Familial Status (Housing

Only) • Marital Status

• Physical and Mental Disabilities

• Age (Employment & Pubic Accommodations)

• Sexual Orientation • Genetic Information

(Employment Only) • Gender Identity


Complaint Process Rules of Procedure - COMAR 14.03.01


Filing Complaints

• A complaint may be initiated in-person, in writing, by phone, by fax, by email or by filling out an on-line form www.mccr.maryland.gov

• Intake will contact the complaining party for in-depth interview.

• If MCCR has jurisdiction, the complaint states a claim and is timely, it is authorized for investigation.


Investigation Process

• Investigates complaints of discrimination from individuals • Performs Systemic Investigations of organizations where

patterns and practices of discrimination are reported or discovered

• Attempts to resolve complaints with the goal of eliminating discrimination



• Fact Finding Conferences • Information Request • Document Request • Interview Witnesses • Subpoena Power • Injunctions • Pre-Determination Settlements 5/12/2015 Maryland Commission on Civil Rights 8


• Written Findings of “no probable cause” or “probable cause”

• Reconsideration

• Substantial Weight Review (EEOC)

• Conciliation

• Certification for Public Hearing (Litigation)


How MCCR Resolves Complaints

• Attempts to settle complaints before they are litigated

• Offers free mediation services which, when successful, have a positive impact on the entire organization

• If conciliation attempts fail, the MCCR proceeds to litigation

• MCCR litigates on behalf of the the State and does not represent the Complainant.

• However, MCCR is litigating the complaint and the Complainant is a necessary witness.


MCCR INVESTIGATIONS Case Processing

INTAKE

INVESTIGATION Expedited Process JURISDICTION

FACT FINDING CONFERENCE PROBABLE CAUSE

Successful Conciliation

CONCILIATION FAILS Cert, for Public Hearing

LITIGATION

CASE CLOSURES

Pre-Determination Settlement

Administrative Closure

No Probable Cause

Forward to Investigations

MEDIATION

CASE CLOSED Settlement Unsuccessful

Litigation

• Administrative Hearing at the Office of Administrative Hearings

• Civil Action in State circuit court brought by MCCR

• Private Civil Action filed by complainant without MCCR


MCCR LITIGATION LITIGATION OPTIONS

Private Right of Action

Civil Action by MCCR

Administrative Hearing

OAH

Administrative Exhaustion 180 Days

Statute of Limitations

2 years

Election/ 30 Days

File in State Court/ 60 Days

No Election OAH

APPELLATE REVIEW OAH

ALJ Decision & Order

Complainant Prevails Appeal

(by Resp./Cplt. Or MCHR)

Respondent Prevails

Respondent Obeys Order

Commission Appeal Board Review

State Circuit Court Appeal

Court of Special Appeals

Cert. Granted by Court of Appeals

Order Dismisses Complaint

APPELLATE REVIEW Circuit Court

Circuit Court Jury Trial

Court of Special Appeals

Court of Appeals Cert. Granted

Employment Discrimination State Gov. Art. §§20-606, 20-607


DISCRIMINATION IN EMPLOYMENT

• Unlawful Employment Practices for an Employer to: • Fail or refuse to hire or to discharge;

• Change compensation, terms, conditions or privileges of employment;

• Limit, segregate or classify employees or applicants;

• (Employment agency) fail or refuse to refer; or

• (Labor organization) to exclude or expel from membership.


• Unlawful Employment Practice for an Employer to: • Preclude performance or deny admission to apprenticeship

or training programs under its control;

• Advertise in a discriminatory manner;

• Retaliate; or

• Treat disability due to pregnancy or childbirth differently from any other temp. disability.


• Not an Unlawful Employment Practice

• Establish dress and grooming standards • Bona fide occupational qualification

(BFOQ) • Educational institutions to hire persons of a

particular religion • Not required to grant preferential treatment

Housing Discrimination


Classes Protected under Federal Law Title VIII

21

The Fair Housing Act and its amendments identify these protected classes:(Also covered under State Law) Race Color Religion Sex Handicap (Disability) Familial Status National Origin

Additional Coverage under STATE & LOCAL LAW

• State: • Marital Status • Sexual Orientation • Gender Identity (October 1, 2014)

• Local: • Source of Income • Occupation • Political Affiliation • Personal Appearance

22

PROTECTED CLASS- FAMILIES WITH CHILDREN

State Government Article, § 20-701(e) – (f)

• Parents or persons with legal custody of children under 18 living with the parent.

• Children with designee of parent. • Person who is pregnant or getting custody of a child under 18. • Exemptions:

• Solely occupied-62 or older • 80% occupied 55 or older

• Collateral issue-occupancy standards. 23

UNLAWFUL DISCRIMINATORY HOUSING PRACTICES

State Government Article, §§20-705–708 & 1103

COMAR 14.03.04.04-.07, .09 & .17

24

UNLAWFUL DISCRIMNATORY HOUSING PRACTICES

• Denying or refusing to rent; • Denying or refusing to sell; • Treating applicants differently; • Treating applicants differently in terms and conditions; • Advertising with illegal preferences;

25

UNLAWFUL DISCRIMINATORY HOUSING PRACTICES

• Providing false information about availability; • Harassing or intimidating people from exercising their rights; • Blockbusting; • Imposing different terms of financing because of a particular

class; and • Denying or applying different terms for real estate services—

brokering or multiple listing.

26

Conclusion


MCCR Services and Activities

• Complaint Investigation • Mediation • Education, Technical Assistance and Outreach • Offices throughout the State


Training and Outreach

• Free Training • Cultural Diversity

• Sexual Harassment

• Sexual Orientation

• Discrimination Law

• Hate Crimes Response and Prevention

• Conflict Resolution


Visit MCCR on line: http://www.mccr.maryland.gov

• Filing a Complaint

• Links to COMAR and Title 20

• Annual Reports

• Brochures and Guidance


State-Wide Locations 1-800-637-6247

• Main Office

6 St. Paul Street. 9th Fl

Baltimore, MD 21202

410-767-8600

• Western Maryland Office Elizabeth Hager Center

14 N. Potomac Street

Hagerstown, MD 21740

301-797-8521

• Southern Maryland Office Joseph D. Carter Center

P.O. Box 653

Leonardtown, MD 20650

301-475-4118

Salisbury District Court

Multi-Purpose Center

201 Baptist Street, Suite 33

Salisbury, MD 21801

410-548-3243


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