The following words and phrases have the following meanings, unless the context indicates otherwise:
Commission means the County Commission on Human Rights.
Commissioner means an individual appointed and confirmed to serve on the Commission.
Director means the Executive Director of the Office of Human Rights and includes the Executive Director’s designee.
Disability means a physical or mental impairment that substantially limits one or more of an individual’s major life activities, a record of having such an impairment, being associated with an individual with a disability, or being regarded as having such an impairment. The term also includes:
(1) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, blood and lymphatic, skin and endocrine;
(2) alcoholism or prior drug dependency or current medically supervised drug dependency; or
(3) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Dwelling means any building, facility or structure, or portion thereof, that is designed, intended or arranged for occupancy as a home, residence or sleeping place of one or more individuals. Dwelling includes that portion of a dwelling used for a home occupation.
Employee means any individual employed by an employer, either for compensation or as a volunteer. Employee includes an individual seeking or applying for employment by an employer.
Employee’s relative means any individual who is, or is perceived to be:
(1) biologically related to the employee; or
(2) eligible for health care insurance or other benefit from the employer because of the individual’s relationship to the employee.
Employer means any person who employs one or more individuals in the County, either for compensation or as a volunteer. Employer includes a person who recruits an individual in the County to apply for employment in the County or elsewhere. Employer includes Montgomery County and its instrumentalities and agencies.
Employment agency means any person regularly undertaking or attempting, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer.
Family responsibilities means the state of being financially or legally responsible for the support or care of a person or persons, regardless of the number of dependent persons or the age of any dependent person.
Gender identity means an individual’s actual or perceived gender, including a person’s gender-related appearance, expression, image, identity, or behavior, whether or not those gender-related characteristics differ from the characteristics customarily associated with the person’s assigned sex at birth.
Genetic condition includes the presence of deoxyribonucleic acid (DNA), ribonucleic acid (RNA), chromosomes, proteins, or certain metabolites that indicate or confirm that an individual has a mutation or other genotype associated with a disease or disability.
Genetic information means information regarding an employee’s (or an employee’s relative’s):
(1) actual or perceived genetic condition;
(2) request for or receipt of any test that can detect, indicate, or analyze a genetic condition; or
(3) medical history, if the information otherwise satisfies either paragraph (1) or (2).
Genetic status: Discrimination based on genetic status includes discrimination based on:
(1) genetic information; or
(2) the actual or perceived genetic condition of an employee or the employee’s relative.
Housing means a dwelling or any vacant land intended for the construction or location of a dwelling.
Labor organization means any entity in which employees participate directly or indirectly for the purpose, in whole or in part, of dealing with employers concerning the terms, conditions, or privileges of employment. Labor organization includes any conference, general committee, joint or system board, or joint council that is subordinate to a national or international labor organization.
*See Editor’s note at the end of this Section, prior to the legislative history.
Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Marital status means whether an individual is married, unmarried, widowed, or divorced.
Mortgage loan means the making of a loan or providing other financial assistance to purchase, refinance, construct, improve, repair, or maintain a dwelling that is secured by real property, or any other type of loan that is secured by a dwelling.*
*See Editor’s note at the end of this Section, prior to the legislative history.
Person means an individual; a legal entity; or a department, agency, or instrument of the County or, to the extent allowed by law, of federal, State, or local government. A lending institution, including any bank, insurance company, savings and loan association, or other organization regularly engaged in the business of lending money, brokering money, or guaranteeing loans, is a person.*
*See Editor’s note at the end of this Section, prior to the legislative history.
Presence of children means the existence in a household of an individual under the age of 18 years.
Protective hairstyles are those hairstyles necessitated by, or resulting from, the immutable characteristics of a hair texture associated with race, such as braids, locks, afros, curls, and twists.
Qualified individual with a disability means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or seeks.
Real estate means any interest in land or anything permanently attached to land. Real estate includes residential and commercial property.
Real estate, commercial means any real estate used, in whole or in part, for business, industrial, or agricultural purposes.
Real estate broker means any person licensed as a real estate broker under Maryland law.
Real estate salesperson means any person:
(1) licensed as a real estate salesperson under Maryland law; or
(2) otherwise engaged or employed to sell or lease real estate.
Readily achievable means easily accomplishable and able to be carried out without unreasonable difficulty or expense. Factors that can affect whether an action is readily achievable include
(1) the nature and cost of the accommodation needed to comply with this article;
(2) the overall financial resources of the person required to provide the reasonable accommodation; and
(3) the impact of the accommodation.
Reasonable accommodation means any modifications necessary to make an environment suitable for a disabled person, without undue hardship or significant risk to any person’s health or safety. Reasonable accommodation in employment includes:
(1) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
(2) job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
Religious creed includes all aspects of religious observance, practice, and belief.
The terms “because of sex” or “on the basis of sex” include because of, or on the basis of, pregnancy, childbirth, or related medical conditions.
Sexual orientation means actual or perceived male or female homosexuality, heterosexuality, or bisexuality;
(1) by practice between lawfully consenting adults; or
Source of income means any lawful source of money, paid directly or indirectly to a renter or buyer of housing, including income from:
(1) any lawful profession or occupation;
(2) any government or private assistance, grant, or loan program;
(3) any gift, inheritance, pension, annuity, alimony, child support, or other lawful compensation or benefit; or
(4) any sale or pledge of any property or interest in property.
Undue hardship means an action requiring significant difficulty or expense. In determining whether an accommodation would impose an undue hardship, the decision maker must consider:
(1) the nature and cost of the accommodation needed to comply with this article;
(2) the overall financial resources of the person who would provide the accommodation; and
(3) the impact of the accommodation on other persons.
*Editor’s note— The definition of lending institution was repealed, the definition of mortgage loan was added, and the definition of person was amended by 2005 L.M.C., ch. 29, § 2 (Bill 36-04). However, in American Financial Services, et. al. v. Montgomery County, (Civil Action No. 269105), the Court declared Bill 36-04 “null and void” by order dated 11/30/06. Prior to 2005 L.M.C., ch. 29, the definitions of lending institution and person read as follows:
Lending institution means any bank, insurance company, savings and loan association, or any other person or organization regularly engaged in the business of lending money or guaranteeing loans. Lending institution includes a department, agency, or instrument of the County or, to the extent allowed by law, a federal, State, or local government that lends money or guarantees loans.
Person means any individual; a legal entity; or a department agency, or instrument of the County, or to the extent allowed by law, of federal, State, or local government.
(1978 L.M.C., ch. 6, § 3; 1984 L.M.C., ch. 24, § 30; 1984 L.M.C., ch. 26, § 5; 2001 L.M.C., ch. 9, § 1
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Editor’s note—Section 27-6 is cited in Doe v. Montgomery County Board of Elections, 406 Md. 697, 962 A.2d 342 (2008). Section 27-6 is quoted in Jacob v. Didlake Corp., 2007 U.S. Dist. LEXIS 4095 (Jan. 19, 2007), in Montgomery County v. Glenmont Hills Associates, Privacy World at Glenmont Metro Centre, 402 Md. 250, 936 A.2d 325 (2007), and in Haas v. Lockheed Martin Corp., 396 Md. 469, 914 A.2d 735 (2007). Portions of Section 27-6 are quoted in Ridgely v. Montgomery County, 164 Md. App. 214, 883 A.2d 182 (2005), where the Court held that firefighter’s narcolepsy prevented him from performing his duties but did not prevent him from working a different job and, therefore, did not support a claim of disability based on a disability. Section 27-6 is quoted in Cohen v. Montgomery County Health and Human Services, 149 Md. App. 578, 817 A.2d 915 (2003), where the Court held that the employee’s claim that the County’s delay in providing reasonable accommodation for her disability stated a cause of action for employment discrimination based on disability. 2019 L.M.C., ch. 26, § 2, states: This Act is known as the “Montgomery County CROWN (Creating a Respectful and Open World for Natural Hair) Act.”
2007 L.M.C., ch. 5, § 2, states: Affect on incumbents. If on the effective date of this Act [May 28, 2007] a merit system employee occupies a position which this Act converts to a non-merit position:
(a) that employee retains all merit system rights; and
(b) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
Section
27-6, formerly § 27-6A, was renumbered, amended and retitled pursuant to 2001 L.M.C., ch. 9, § 1.
