Maryland Commission on Civil Rights State Gov. Art., Title 20 MCCR 101 Presenter: Glendora C. Hughes General Counsel Maryland Commission on Civil Rights 5/12/2015 1
Discrimination Protections Maryland Commission on Civil Rights (MCCR) enforces the State s antidiscrimination law: State Government Article, Title 20, Annotated Code of MD Maryland Commission on Civil Rights 5/12/2015 2
Title 20 protects Marylanders against discrimination in Employment Housing Public Accommodations Maryland Commission on Civil Rights 5/12/2015 3
Persons are protected against unlawful discrimination because of : Race Color Religion Sex National Origin Familial Status (Housing Only) Marital Status Physical and Mental Disabilities Age (Employment & Pubic Accommodations) Sexual Orientation Genetic Information (Employment Only) Gender Identity Maryland Commission on Civil Rights 5/12/2015 4
Complaint Process Rules of Procedure - COMAR 14.03.01 Maryland Commission on Civil Rights 5/12/2015 5
Filing Complaints A complaint may be initiated in-person, in writing, by phone, by fax, by email or by filling out an on-line form www.mccr.maryland.gov Intake will contact the complaining party for indepth interview. If MCCR has jurisdiction, the complaint states a claim and is timely, it is authorized for investigation. Maryland Commission on Civil Rights 5/12/2015 6
Investigation Process Investigates complaints of discrimination from individuals Performs Systemic Investigations of organizations where patterns and practices of discrimination are reported or discovered Attempts to resolve complaints with the goal of eliminating discrimination Maryland Commission on Civil Rights 5/12/2015 7
Investigation Process Fact Finding Conferences Information Request Document Request Interview Witnesses Subpoena Power Injunctions Pre-Determination Settlements Maryland Commission on Civil Rights 5/12/2015 8
Investigation Process Written Findings of no probable cause or probable cause Reconsideration Substantial Weight Review (EEOC) Conciliation Certification for Public Hearing (Litigation) Maryland Commission on Civil Rights 5/12/2015 9
How MCCR Resolves Complaints Attempts to settle complaints before they are litigated Offers free mediation services which, when successful, have a positive impact on the entire organization If conciliation attempts fail, the MCCR proceeds to litigation MCCR litigates on behalf of the the State and does not represent the Complainant. However, MCCR is litigating the complaint and the Complainant is a necessary witness. Maryland Commission on Civil Rights 5/12/2015 10
MCCR INVESTIGATIONS Case Processing INTAKE INVESTIGATION Expedited Process JURISDICTION PROBABLE CAUSE CASE CLOSURES FACT FINDING CONFERENCE MEDIATION Successful Conciliation Pre-Determination Settlement Forward to Investigations CONCILIATION FAILS Cert, for Public Hearing Administrative Closure CASE CLOSED Settlement Unsuccessful LITIGATION No Probable Cause
Litigation Administrative Hearing at the Office of Administrative Hearings Civil Action in State circuit court brought by MCCR Private Civil Action filed by complainant without MCCR Maryland Commission on Civil Rights 5/12/2015 12
MCCR LITIGATION LITIGATION OPTIONS Private Right of Action Civil Action by MCCR Administrative Hearing OAH Administrative Exhaustion 180 Days Election/ 30 Days No Election OAH Statute of Limitations 2 years File in State Court/ 60 Days
APPELLATE REVIEW OAH ALJ Decision & Order Complainant Prevails Respondent Obeys Order Appeal (by Resp./Cplt. Or MCHR) Commission Appeal Board Review Respondent Prevails Order Dismisses Complaint State Circuit Court Appeal Court of Special Appeals Cert. Granted by Court of Appeals
Circuit Court Jury Trial APPELLATE REVIEW Circuit Court Court of Special Appeals Court of Appeals Cert. Granted
Employment Discrimination State Gov. Art. 20-606, 20-607 Maryland Commission on Civil Rights 5/12/2015 16
DISCRIMINATION IN EMPLOYMENT Unlawful Employment Practices for an Employer to: Fail or refuse to hire or to discharge; Change compensation, terms, conditions or privileges of employment; Limit, segregate or classify employees or applicants; (Employment agency) fail or refuse to refer; or (Labor organization) to exclude or expel from membership.
DISCRIMINATION IN EMPLOYMENT Unlawful Employment Practice for an Employer to: Preclude performance or deny admission to apprenticeship or training programs under its control; Advertise in a discriminatory manner; Retaliate; or Treat disability due to pregnancy or childbirth differently from any other temp. disability.
DISCRIMINATION IN EMPLOYMENT Not an Unlawful Employment Practice Establish dress and grooming standards Bona fide occupational qualification (BFOQ) Educational institutions to hire persons of a particular religion Not required to grant preferential treatment
Housing Discrimination Maryland Commission on Civil Rights 5/12/2015 20
Classes Protected under Federal Law Title VIII The Fair Housing Act and its amendments identify these protected classes:(also covered under State Law) Race Color Religion Sex Handicap (Disability) Familial Status National Origin 21
Additional Coverage under STATE & LOCAL LAW State: Marital Status Sexual Orientation Gender Identity (October 1, 2014) Local: Source of Income Occupation Political Affiliation Personal Appearance 22
PROTECTED CLASS- FAMILIES WITH CHILDREN State Government Article, 20-701(e) (f) Parents or persons with legal custody of children under 18 living with the parent. Children with designee of parent. Person who is pregnant or getting custody of a child under 18. Exemptions: Solely occupied-62 or older 80% occupied 55 or older Collateral issue-occupancy standards. 23
UNLAWFUL DISCRIMINATORY HOUSING PRACTICES State Government Article, 20-705 708 & 1103 COMAR 14.03.04.04-.07,.09 &.17 24
UNLAWFUL DISCRIMNATORY HOUSING PRACTICES Denying or refusing to rent; Denying or refusing to sell; Treating applicants differently; Treating applicants differently in terms and conditions; Advertising with illegal preferences; 25
UNLAWFUL DISCRIMINATORY HOUSING PRACTICES Providing false information about availability; Harassing or intimidating people from exercising their rights; Blockbusting; Imposing different terms of financing because of a particular class; and Denying or applying different terms for real estate services brokering or multiple listing. 26
Conclusion Maryland Commission on Civil Rights 5/12/2015 27
MCCR Services and Activities Complaint Investigation Mediation Education, Technical Assistance and Outreach Offices throughout the State Maryland Commission on Civil Rights 5/12/2015 28
Training and Outreach Free Training Cultural Diversity Sexual Harassment Sexual Orientation Discrimination Law Hate Crimes Response and Prevention Conflict Resolution Maryland Commission on Civil Rights 5/12/2015 29
Visit MCCR on line: http://www.mccr.maryland.gov Filing a Complaint Links to COMAR and Title 20 Annual Reports Brochures and Guidance Maryland Commission on Civil Rights 5/12/2015 30
State-Wide Locations 1-800-637-6247 Main Office 6 St. Paul Street. 9 th Fl Baltimore, MD 21202 410-767-8600 Western Maryland Office Elizabeth Hager Center 14 N. Potomac Street Hagerstown, MD 21740 301-797-8521 Southern Maryland Office Joseph D. Carter Center P.O. Box 653 Leonardtown, MD 20650 301-475-4118 Salisbury District Court Multi-Purpose Center 201 Baptist Street, Suite 33 Salisbury, MD 21801 410-548-3243 Maryland Commission on Civil Rights 5/12/2015 31