Section 3-912 - Discriminatory action by employer. - Maryland Statutes

§ 3-912. Discriminatory action by employer.
 

(a)  Prohibition.- An employer may not discriminate in any manner or take adverse action against an individual because the individual: 

(1) files a complaint with the employer or the Commissioner alleging that the employer violated any provision of this subtitle or any regulation adopted under this subtitle; 

(2) brings an action under this subtitle or a proceeding involving a violation of this subtitle; or 

(3) testifies in an action authorized under this subtitle or a proceeding involving a violation of this subtitle. 

(b)  Written complaint.-  

(1) An individual who believes that an employer has discriminated in any manner or taken adverse action against the individual in violation of subsection (a) of this section may submit to the Commissioner a written complaint that alleges the discrimination and that includes the signature of the individual. 

(2) An individual shall file a complaint under this subsection within 180 days after the alleged discrimination occurs. 

(c)  Investigation; opportunity to respond; enjoinment of violation; notice of determination.-  

(1) On receipt of a complaint under subsection (c) of this section, the Commissioner may investigate. 

(2) The Commissioner shall provide the employer with an opportunity to respond to the allegations in the complaint. 

(3) If, after investigation and consideration of any response from the employer, the Commissioner determines that an employer or other person has violated subsection (a) of this section, the Commissioner shall file a complaint to enjoin the violation, to reinstate the employee to the former position with back pay, and to award any other appropriate damages or other relief in the circuit court for: 

(i) the county in which the alleged violation occurred; 

(ii) the county in which the employer has its principal office; or 

(iii) Baltimore City. 

(4) Within 120 days after the Commissioner receives a complaint, the Commissioner shall notify the employee of the determination under this subsection. 
 

[2009, ch. 188.]