Section 20-1026 – Election of Civil Action
(a) When a charge is issued and served under § 20–1025 of this subtitle, a complainant, respondent, or aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in the charge decided in a civil action under § 20–1032 of this subtitle instead of a hearing under § 20–1027 of […]
Section 20-1027 – Administrative Hearing
(a) If an election is not made under § 20–1026 of this subtitle, the Commission shall provide an opportunity for a hearing on the record with respect to a charge issued under § 20–1025 of this subtitle. (b) (1) The Commission shall delegate the conduct of a hearing under this section to the Office of Administrative Hearings. (2) An […]
Section 20-1028 – Decision of Administrative Law Judge
(a) (1) Unless it is impracticable to do so, the administrative law judge shall make findings of fact and conclusions of law within 60 days after submission of posthearing memoranda. (2) If the administrative law judge is unable to make findings of fact and conclusions of law within the 60–day period or any succeeding 60–day period, the administrative […]
Section 20-1029 – Final Decision and Order
(a) (1) In accordance with the Commission’s regulations, the Commission shall: (i) review any findings, conclusions, or orders issued under § 20–1028 of this subtitle; and (ii) issue a final order. (2) If a timely appeal of the findings, conclusions, or orders issued under § 20–1028 of this subtitle is not filed with the Commission in accordance with the Commission’s […]
Section 20-1012 – Civil Action by Commission on Complainant’s Behalf
(a) Within 60 days after an election is made under § 20–1007 of this subtitle, the Commission shall file a civil action in the circuit court for the county where the alleged unlawful employment practice occurred. (b) If the court finds that an unlawful employment practice occurred, the court may provide the remedies specified in § 20–1009(b) […]
Section 20-1013 – Civil Action by Complainant
(a) In addition to the right to make an election under § 20–1007 of this subtitle, a complainant may bring a civil action against the respondent alleging an unlawful employment practice, if: (1) the complainant initially filed a timely administrative charge or a complaint under federal, State, or local law alleging an unlawful employment practice by the […]
Section 20-1014 – Intervention in Civil Action
(a) A person may intervene in a civil action brought by the Commission under this part, if the action involves: (1) an alleged discriminatory act to which the person is a party; or (2) a conciliation agreement to which the person is a party. (b) The Commission may intervene in a civil action brought under this part, if: (1) the […]
Section 20-903 – Waiver of State’s Sovereign Immunity in Employment Discrimination Cases
The State, its officers, and its units may not raise sovereign immunity as a defense against an award in an employment discrimination case under this title.
Section 20-1015 – Award of Fees and Costs
In an action brought under this part, the court may award the prevailing party reasonable attorney’s fees, expert witness fees, and costs.
Section 20-904 – Payment of Awards Against State
(a) If the State has sufficient money available at the time an award is made against the State under this title, the State shall pay the award as soon as practicable within 20 days after the award is final. (b) (1) If sufficient money is not available at the time an award is made against the State under […]