1. A. Unlawful Employment Practices Generally. It is an unlawful employment practice for a covered entity to discriminate on the basis of disability against a qualified individual with a disability with regard to:

   1. (1) Recruitment, advertising, and job application procedures;
   2. (2) Hiring, upgrading, promotion, tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;
   3. (3) Rate of pay, other form of compensation, and change in compensation;
   4. (4) Job assignment, job referral, job classification, organizational structure, position description, line of progression, and seniority list;
   5. (5) Leave of absence, sick leave, family leave, or other leave;
   6. (6) Fringe benefits available by reason of employment, whether administered by the covered entity, except for underwriting or rate-setting practices of an insurer, as that term is defined in Insurance Article, §1-101(v), Annotated Code of Maryland;
   7. (7) Union membership;
   8. (8) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leave of absence to pursue training;
   9. (9) Employer-sponsored activities, including social or recreational programs; and
   10. (10) Any other term, condition, or privilege of employment.

2. B. Unlawful Employment Practices Specifically. A covered entity may not:

   1. (1) Limit, segregate, or classify a job applicant or employee in a way that adversely affects the individual's employment opportunities or status, on the basis of disability prohibited by this chapter;
   2. (2) Participate in a contractual or other arrangement or relationship that has the effect of subjecting an applicant or employee to the discrimination, on the basis of disability prohibited by this chapter; or
   3. (3) Fail to make an individualized assessment of a qualified individual with a disability's ability to perform the essential functions of a job, unless the qualification standard, employment test, or other selection criteria under which the individual was disqualified meet the requirements of a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of the particular business or program.

Authority: State Government Article, §§10-111, 10-111.1(b), 10-205, 2-506, and 20-207, Annotated Code of Maryland;
62 Opinions of the Attorney General 36 (1977)

Effective date: July 27, 1979 (6:15 Md. R. 1285)

Regulation .02 amended effective April 4, 1988 (15:7 Md. R. 852)

Regulations .01—.08, Anti-Discrimination Relating to the Handicapped, repealed and new Regulations .01—14, Anti-Discrimination Relating to Persons with Disabilities, adopted effective December 24, 2001 (28:25 Md. R. 2192)

Regulation .01 amended effective April 18, 2011 (38:8 Md. R. 507)

Regulation .02B amended effective April 18, 2011 (38:8 Md. R. 507)

Regulation .07D amended effective April 18, 2011 (38:8 Md. R. 507)

Regulation .09B amended effective April 18, 2011 (38:8 Md. R. 507)

Regulation .14 amended effective April 18, 2011 (38:8 Md. R. 507)