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§ 5-604. Discrimination against employee

West's Annotated Code of MarylandLabor and EmploymentEffective: May 30, 2021

West's Annotated Code of Maryland
Labor and Employment
Title 5. Occupational Safety and Health (Refs & Annos)
Subtitle 6. Miscellaneous Provisions (Refs & Annos)
Effective: May 30, 2021
MD Code, Labor and Employment, § 5-604
§ 5-604. Discrimination against employee
Currentness
Medical information
(a)(1) An employer or other person may not discharge or otherwise discriminate against an employee on the basis of information gained through participation of the employee in group medical coverage.
(2) This title does not prevent an employer from using medical information that:
(i) has a direct, material, and timely relationship to the capacity or fitness of an employee to perform the job of the employee properly; or
(ii) differs substantially from medical information that the employee falsely provides in an application for employment.
Retaliatory action prohibited
(b) An employer or other person may not discharge or otherwise discriminate against an employee because the employee:
(1) files a complaint under or related to this title;
(2) brings an action under this title or a proceeding under or related to this title or causes the action or proceeding to be brought;
(3) has testified or will testify in an action under this title or a proceeding under or related to this title;
(4) exercises, for the employee or another, a right under this title; or
(5) is an essential worker who files a complaint or exercises a right under § 3-1704 of this article.
Complaint by employee
(c)(1)(i) Subject to subparagraph (ii) of this paragraph, an employee who believes that an employer or other person has discharged or otherwise discriminated against the employee in violation of subsection (a) or (b) of this section may submit to the Commissioner a written complaint that alleges the discrimination and that includes the signature of the employee.
(ii) The Commissioner shall accept as timely an oral complaint made by the employee under the circumstances described in subparagraph (i) of this paragraph, provided the employee submits a written complaint within 7 business days of the oral complaint and that includes the signature of the employee.
(2) An employee shall file a complaint under this subsection within 30 days after the alleged discrimination occurs.
Action by Commissioner
(d)(1) On receipt of a complaint under subsection (c) of this section, the Commissioner may investigate.
(2) If, after investigation, the Commissioner determines that an employer or other person has violated subsection (a) or (b) of this section, the Commissioner shall file a complaint to enjoin the violation, to reinstate the employee to the former position with back pay, or for other appropriate relief in the circuit court for:
(i) the county in which the alleged violation occurred;
(ii) the county in which the employer has its principal office; or
(iii) Baltimore City.
(3) Within 90 days after the Commissioner receives a complaint, the Commissioner shall notify the employee of the determination under this subsection.

Credits

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 2013, c. 538, § 1, eff. Oct. 1, 2013; Acts 2013, c. 539, § 1, eff. Oct. 1, 2013; Acts 2021, c. 736, § 1, eff. May 30, 2021.
Formerly Art. 89, § 43.
MD Code, Labor and Employment, § 5-604, MD LABOR & EMPLY § 5-604
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document