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TRANSCRIPT
Maryland Commission on Civil Rights State Gov. Art., Title 20
MCCR 101
Presenter: Glendora C. Hughes
General Counsel
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Discrimination Protections
• Maryland Commission on Civil Rights (MCCR) enforces the State’s anti-discrimination law: State Government Article, Title 20, Annotated Code of MD
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Title 20 protects Marylanders against discrimination in
• Employment
• Housing
• Public Accommodations
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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
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Complaint Process Rules of Procedure - COMAR 14.03.01
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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 in-depth interview.
• If MCCR has jurisdiction, the complaint states a claim and is timely, it is authorized for investigation.
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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
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Investigation Process
• Fact Finding Conferences • Information Request • Document Request • Interview Witnesses • Subpoena Power • Injunctions • Pre-Determination Settlements 5/12/2015 Maryland Commission on Civil Rights 8
Investigation Process
• Written Findings of “no probable cause” or “probable cause”
• Reconsideration
• Substantial Weight Review (EEOC)
• Conciliation
• Certification for Public Hearing (Litigation)
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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.
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MCCR INVESTIGATIONS Case Processing
INTAKE
INVESTIGATION Expedited Process JURISDICTION
FACT FINDING CONFERENCE PROBABLE CAUSE
Successful Conciliation
CONCILIATION FAILS Cert, for Public Hearing
LITIGATION
CASE CLOSURES
Pre-Determination Settlement
Administrative Closure
No Probable Cause
Forward to Investigations
MEDIATION
CASE CLOSED Settlement Unsuccessful
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
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MCCR LITIGATION LITIGATION OPTIONS
Private Right of Action
Civil Action by MCCR
Administrative Hearing
OAH
Administrative Exhaustion 180 Days
Statute of Limitations
2 years
Election/ 30 Days
File in State Court/ 60 Days
No Election OAH
APPELLATE REVIEW OAH
ALJ Decision & Order
Complainant Prevails Appeal
(by Resp./Cplt. Or MCHR)
Respondent Prevails
Respondent Obeys Order
Commission Appeal Board Review
State Circuit Court Appeal
Court of Special Appeals
Cert. Granted by Court of Appeals
Order Dismisses Complaint
APPELLATE REVIEW Circuit Court
Circuit Court Jury Trial
Court of Special Appeals
Court of Appeals Cert. Granted
Employment Discrimination State Gov. Art. §§20-606, 20-607
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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
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Classes Protected under Federal Law Title VIII
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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
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
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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
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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;
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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.
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Conclusion
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MCCR Services and Activities
• Complaint Investigation • Mediation • Education, Technical Assistance and Outreach • Offices throughout the State
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Training and Outreach
• Free Training • Cultural Diversity
• Sexual Harassment
• Sexual Orientation
• Discrimination Law
• Hate Crimes Response and Prevention
• Conflict Resolution
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Visit MCCR on line: http://www.mccr.maryland.gov
• Filing a Complaint
• Links to COMAR and Title 20
• Annual Reports
• Brochures and Guidance
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State-Wide Locations 1-800-637-6247
• Main Office
6 St. Paul Street. 9th 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
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