Md. Code Regs. 14.03.02.04

Current through Register Vol. 51, No. 8, April 19, 2024

Section 14.03.02.04 - 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;

(4) Job assignment, job referral, job classification, organizational structure, position description, line of progression, and seniority list;

(5) Leave of absence, sick leave, family leave, or other leave;

(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) Union membership;

(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) Employer-sponsored activities, including social or recreational programs; and

(10) Any other term, condition, or privilege of employment.

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

(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) 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) 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.

Md. Code Regs. 14.03.02.04

Regulations .04, Anti-Discrimination Relating to the Handicapped, repealed and new Regulations .01_14, Anti-Discrimination Relating to Persons with Disabilities, adopted effective December 24, 2001 (28:25 Md.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)