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§ 20-1004. Complaint

West's Annotated Code of MarylandState GovernmentEffective: October 1, 2021

West's Annotated Code of Maryland
State Government (Refs & Annos)
Title 20. Human Relations (Refs & Annos)
Subtitle 10. Enforcement (Refs & Annos)
Part I. In General (Refs & Annos)
Effective: October 1, 2021
MD Code, State Government, § 20-1004
§ 20-1004. Complaint
Complaint by aggrieved person
(a) Any person claiming to be aggrieved by an alleged discriminatory act may file a complaint with the Commission.
Form and content
(b) The complaint shall:
(1) be in writing;
(2) state:
(i) the name and address of the person or State or local unit alleged to have committed the discriminatory act; and
(ii) the particulars of the alleged discriminatory act;
(3) contain any other information required by the Commission; and
(4) be signed by the complainant under oath.
Time for filing
(c)(1)(i) Except as provided in paragraphs (2) and (3) of this subsection, a complaint shall be filed within 6 months after the date on which the alleged discriminatory act occurred.
(ii) A complaint filed with a federal or local human relations commission within 6 months after the date on which the alleged discriminatory act occurred shall be deemed to have complied with subparagraph (i) of this paragraph.
(2)(i) A complaint alleging an unlawful employment practice other than harassment shall be filed within 300 days after the date on which the alleged discriminatory act occurred.
(ii) A complaint filed with a federal human relations commission within 6 months or a local human relations commission within 300 days shall be deemed to have complied with subparagraph (i) of this paragraph.
(3)(i) A complaint alleging harassment against an employer shall be filed within 2 years after the date on which the alleged harassment occurred.
(ii) A complaint filed with a federal human relations commission within 6 months or a local human relations commission within 2 years after the date on which the alleged harassment occurred shall be deemed to have complied with subparagraph (i) of this paragraph.
Complaint issued by Commission
(d) The Commission, on its own motion, and by action of at least three commissioners, may issue a complaint in its name in the same manner as if the complaint had been filed by an individual, if:
(1) the Commission has received reliable information from an individual that a person has been or is engaged in a discriminatory act; and
(2) after a preliminary investigation by the Commission's staff authorized by the chair or vice-chair, the Commission is satisfied that the information warrants the filing of a complaint.

Credits

Added by Acts 2009, c. 120, § 2, eff. Oct. 1, 2009. Amended by Acts 2019, c. 222, § 1, eff. Oct. 1, 2019; Acts 2021, c. 201, § 1, eff. Oct. 1, 2021; Acts 2021, c. 202, § 1, eff. Oct. 1, 2021.
MD Code, State Government, § 20-1004, MD STATE GOVT § 20-1004
Current through legislation effective through June 1, 2022, from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document