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§ 3-912. Discrimination or adverse actions against individuals prohibited

West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2009

West's Annotated Code of Maryland
Labor and Employment
Title 3. Employment Standards and Conditions (Refs & Annos)
Subtitle 9. Workplace Fraud (Refs & Annos)
Effective: October 1, 2009
MD Code, Labor and Employment, § 3-912
§ 3-912. Discrimination or adverse actions against individuals prohibited
Currentness
In general
(a) An employer may not discriminate in any manner or take adverse action against an individual because the individual:
(1) files a complaint with the employer or the Commissioner alleging that the employer violated any provision of this subtitle or any regulation adopted under this subtitle;
(2) brings an action under this subtitle or a proceeding involving a violation of this subtitle; or
(3) testifies in an action authorized under this subtitle or a proceeding involving a violation of this subtitle.
Complaint
(b)(1) An individual who believes that an employer has discriminated in any manner or taken adverse action against the individual in violation of subsection (a) of this section may submit to the Commissioner a written complaint that alleges the discrimination and that includes the signature of the individual.
(2) An individual shall file a complaint under this subsection within 180 days after the alleged discrimination occurs.
Action by Commissioner
(c)(1) On receipt of a complaint under subsection (b) of this section, the Commissioner may investigate.
(2) The Commissioner shall provide the employer with an opportunity to respond to the allegations in the complaint.
(3) If, after investigation and consideration of any response from the employer, the Commissioner determines that an employer or other person has violated subsection (a) of this section, the Commissioner shall file a complaint to enjoin the violation, to reinstate the employee to the former position with back pay, and to award any other appropriate damages or other 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.
(4) Within 120 days after the Commissioner receives a complaint, the Commissioner shall notify the employee of the determination under this subsection.

Credits

Added by Acts 2009, c. 188, § 1, eff. Oct. 1, 2009. Amended by Acts 2016, c. 8, § 5.
MD Code, Labor and Employment, § 3-912, MD LABOR & EMPLY § 3-912
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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