Law / United States / 
Maryland
Genetic information and genetic tests in employment: Fair Employment Practices limits on employers
Md. Code Ann., State Gov't § 20-606(a)(1)-(3) (genetic information and genetic tests)
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- If you are an employer, do not fail or refuse to hire, discharge or otherwise discriminate against an individual with respect to compensation, terms, conditions or privileges of employment because of the individual's genetic information, or because of the individual's refusal to submit to a genetic test or make available the results of a genetic test (State Gov't 20-606(a)(1)).
- Do not limit, segregate or classify employees or applicants in any way that would deprive or tend to deprive an individual of employment opportunities or adversely affect the individual's status as an employee because of genetic information or the individual's refusal to submit to a genetic test or make available the results of a genetic test (State Gov't 20-606(a)(2)).
- Do not request or require genetic tests or genetic information as a condition of hiring or determining benefits (State Gov't 20-606(a)(3)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Private right of actionYes
Statutory damages
Section 20-1009(b)(3) caps compensatory damages for future pecuniary losses and nonpecuniary losses at $50,000 for an employer with 15 to 100 employees, $100,000 for 101 to 200, $200,000 for 201 to 500 and $300,000 for 501 or more. Section 20-1013(e) lets a court add punitive damages on a finding of actual malice against a respondent that is not a governmental unit, with compensatory and punitive damages together held to the same cap. The $300,000 figure is the highest cap and every figure is a ceiling, not a floor.
- As of
- Currency
- USD
Who enforces it
Enforcement body
Maryland Commission on Civil Rights.
Settledness
- As of
- Open questions
- Does an employer wellness program that collects family medical history violate the bar on requesting or requiring 'genetic information' as a condition of hiring or determining benefits in section 20-606(a)(3), given that section 20-601 takes the definition from section 27-909(a)(3) of the Insurance Article, which covers information obtained for diagnostic and therapeutic purposes while the individual is asymptomatic?
What this law does
An employer is generally a person engaged in an industry or business with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, or with one or more employees where an employee has filed a complaint alleging harassment, and includes an agent of that person and, to the extent the title provides, the State. Genetic information and genetic test have the meanings stated in section 27-909(a)(3) and (5) of the Insurance Article.
An employer may not fail or refuse to hire, discharge or otherwise discriminate against an individual with respect to compensation, terms, conditions or privileges of employment because of the individual's genetic information, or because of the individual's refusal to submit to a genetic test or make available the results of a genetic test.
An employer may not limit, segregate or classify its employees or applicants in any way that would deprive or tend to deprive an individual of employment opportunities or adversely affect the individual's status as an employee because of genetic information or the individual's refusal to submit to a genetic test or make available the results of a genetic test. An employer may not request or require genetic tests or genetic information as a condition of hiring or determining benefits.
Any person claiming to be aggrieved by an alleged discriminatory act may file a complaint with the Commission on Civil Rights. A complainant may bring a civil action alleging an unlawful employment practice if the complainant filed a timely administrative charge, at least 180 days have elapsed since the filing, and the action is filed within 2 years after the practice occurred, or within 3 years for harassment.
Compensatory damages for future pecuniary losses and nonpecuniary losses may not exceed $50,000 for an employer with 15 to 100 employees, $100,000 for 101 to 200 employees, $200,000 for 201 to 500 employees and $300,000 for 501 or more employees. A court may also award punitive damages if the respondent is not a governmental unit or political subdivision and the court finds actual malice, and compensatory and punitive damages together may not exceed the same limit.
Senate Bill 2 of 2001 added a prohibition on requesting or requiring genetic tests or genetic information as a condition of hiring or determining benefits. Senate Bill 2 of 2001 provided that it would take effect on . Senate Bill 2 of 2001 was signed by the Governor as Chapter 11.
When LexLint raises it
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