Section 20-605 - Exceptions. - Maryland Statutes

§ 20-605. Exceptions.
 

(a)  In general.- Notwithstanding any other provision of this subtitle, this subtitle does not prohibit: 

(1) an employer from hiring and employing employees, an employment agency from classifying or referring for employment any individual, a labor organization from classifying its membership or classifying or referring for employment any individual, or an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs from admitting or employing any individual in a program, on the basis of the individual's sex, age, religion, national origin, or disability, if sex, age, religion, national origin, or disability is a bona fide occupational qualification reasonably necessary to the normal operation of that business or enterprise; 

(2) an employer from establishing standards concerning an employee's dress and grooming, if the standards are directly related to the nature of the employment of the employee; 

(3) a school, college, university, or other educational institution from hiring and employing employees of a particular religion, if: 

(i) the institution is wholly or substantially owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society; or 

(ii) the curriculum of the institution is directed toward the propagation of a particular religion; or 

(4) except as provided in subsection (b) of this section, an employer, employment agency, or labor organization from observing the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension, or insurance plan, that is not a subterfuge to evade the purposes of this subtitle. 

(b)  Employee benefit plan.- An employee benefit plan may not excuse the failure to hire any individual. 
 

[An. Code 1957, art. 49B, § 16(g); 2009, ch. 120, § 2.]