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14.03.02.00.htm 14.03.02.00. Title 14 INDEPENDENT AGENCIES Subtitle 03 COMMISSION ON HUMAN RELATIONS Chapter 02 Anti-Discrimination Relating to Persons with Disabilities 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)
14.03.02.01.htm 14.03.02.01. 01 Statement of General Purpose.. These regulations were adopted to contribute to the implementation of nondiscriminatory policies in employment and public accommodations with respect to persons with disabilities as required by State Government Article, Title 20, Annotated Code of Maryland.
14.03.02.02.htm 14.03.02.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Commission" means the Maryland Commission on Human Relations.. 2) "Covered entity" means a person or entity subject to the jurisdiction of the Commission under State Government Article, §20-301—20-305, 20-601, 20-606—20-607, 20-609, 20-801, 20-901—20-904, or 20-1017, Annotated Code of Maryland.3) "Facility" means all or a portion of a building, structure, site, comple
14.03.02.03.htm 14.03.02.03. 03 Verification of a Disability.. A. The Commission may require the complainant to sign a waiver for the Commission to obtain verification of the existence, nature, and extent of the complainant's disability from a physician or other health care provider, based on medically accepted clinical or laboratory diagnostic techniques.B. The determination of whether an individual has a physical or mental impairment, or is substantially limited in a major life activity, or both, shal
14.03.02.04.htm 14.03.02.04. 04 Employment.. 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) Recruitment, advertising, and job application procedures;. 2) Hiring, upgrading, promotion, tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;3) Rate of pay, other form of compensation, and change in compensation;.
14.03.02.05.htm 14.03.02.05. 05 Reasonable Accommodation in Employment.. A. A covered entity:. 1) Shall make a reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability;2) Is not required to provide an accommodation, if it demonstrates that the accommodation would impose undue hardship on the operation of its business or program; and3) May not deny an employment opportunity to a qualified individual with a disability, if the basis for the denial is the nee
14.03.02.06.htm 14.03.02.06. 06 Undue Hardship in Employment.. A. The covered entity has the burden of proving an inability to accommodate a qualified individual with a disability.B. In determining whether an accommodation would impose an undue hardship on the covered entity's business or program, the following factors shall be considered:1) The nature and cost of the accommodation needed;. 2) The financial resources of the covered entity, and any parent corporation if applicable;.
14.03.02.07.htm 14.03.02.07. 07 Preemployment Inquiries.. A. Except as provided in §C of this regulation, a covered entity may not conduct a preemployment inquiry or medical examination to ascertain the existence of or the severity of a disability.B. A covered entity may make a preemployment inquiry into an applicant's ability to perform job-related functions.C. This section does not prohibit a covered entity from conditioning an offer of employment on the results of a medical examination conducted before t
14.03.02.08.htm 14.03.02.08. 08 Affirmative Defenses.. A. Bona Fide Occupational Qualification.. 1) A covered entity may take discriminatory actions otherwise prohibited under this chapter if mental or physical ability is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of the business or program.2) A covered entity has the burden of establishing the existence of a BFOQ. In determining whether the BFOQ defense, narrowly construed, has been met, a covered entity shall s
14.03.02.09.htm 14.03.02.09. 09 Public Accommodations Practices.. A. Unlawful Practices in Public Accommodations Generally. An owner, operator, manager, or lessor of a place of public accommodation may not discriminate on the basis of disability against an individual in the full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations.B. Unlawful Practices in Public Accommodations Specifically.. 1) Unlawful Denial of Participation. An owner, operator, manager, or lessor
14.03.02.10.htm 14.03.02.10. 10 Reasonable Accommodation in Public Accommodations.. A. An owner, operator, manager, or lessor of a place of public accommodation, shall make a reasonable accommodation for an individual with a disability.B. For the purposes of this section, reasonable accommodation means to make a building or facility suitable for access, use, and patronage by an individual with a disability without danger to the individual's health or safety, and without undue hardship or expense to the bus
14.03.02.11.htm 14.03.02.11. 11 Undue Hardship or Expense in Public Accommodations.. A. An owner, operator, manager, or lessor of a place of public accommodation is not required to make a reasonable accommodation, if it is demonstrated that the accommodation would impose undue hardship or expense to the operation of the business or program.B. The owner, operator, manager, or lessor of a place of public accommodation has the burden of proving an inability to accommodate an individual with
14.03.02.12.htm 14.03.02.12. 12 Qualified Historic Buildings and Facilities.. A. An owner, operator, manager, or lessor of a qualified historic building or facility that is a place of public accommodation shall comply with the reasonable accommodation requirements of Regulation .10 of this chapter.B. In determining whether a particular accommodation is reasonable, in addition to the factors set forth in Regulation .11 of this chapter, the impact of the accommodation on the historical significan
14.03.02.13.htm 14.03.02.13. 13 More Stringent Laws.. These regulations do not exempt compliance with State, federal or local laws requiring more stringent structural changes, modifications, or additions to buildings or vehicles.
14.03.02.14.htm 14.03.02.14. 14 Affirmative Action to Inform.. A person engaged in a business which falls within the areas covered by State Government Article, Title 20, Annotated Code of Maryland, shall take affirmative action to inform individuals with disabilities, as well as the public in general, of nondiscriminatory policies with respect to individuals with disabilities.
14.03.02.9999.htm 14.03.02.9999. Administrative History 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).
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