Section 5-203 – Election to Pursue Allegation Under Complaint Resolution Procedures
Except as provided in § 5–209 of this subtitle, in addition to any right to file an employment discrimination complaint with the Commission on Civil Rights, with the Equal Employment Opportunity Commission, or in court, an employee may elect to pursue an allegation of employment discrimination under the complaint resolution procedures of this subtitle.
Section 5-204 – Duties of Secretary
The Secretary shall: (1) administer the Program in compliance with all applicable State and federal laws governing equal employment opportunity; (2) adopt regulations, policies, and directives to implement the Program; (3) evaluate the equal employment efforts in each unit in the Program; (4) take any action necessary and permitted by law to enforce this subtitle; and (5) at least annually […]
Section 5-205 – Duties of Units
(a) In accordance with the provisions and intent of the Maryland Constitution and other laws of the State, each unit shall: (1) comply with all applicable regulations, policies, guidelines, and directives of the Secretary to carry out this section; (2) cooperate fully with the Coordinator in the investigation of complaints of discrimination in violation of § 5–208 of […]
Section 5-206 – Coordinator
(a) The Governor, with the advice of the Joint Committee on Fair Practices and State Personnel Oversight, shall appoint an Equal Employment Opportunity Coordinator. (b) The Coordinator shall: (1) administer and enforce the Program; and (2) investigate and, as appropriate, resolve complaints that involve allegations of violations of this subtitle.
Section 5-207 – Fair Practices Officers and Equal Employment Opportunity Officers
(a) (1) The head of each principal unit shall appoint: (i) a fair practices officer who: 1. except as provided in paragraph (3) of this subsection, reports directly to the head of the unit; and 2. is an assistant secretary or an employee of the unit with stature similar to that of an assistant secretary; and (ii) an appropriate number of […]
Section 5-208 – Personnel Actions
(a) All personnel actions concerning an employee in the Executive Branch of State government shall be made in accordance with § 2–302 of this article. (b) Personnel actions concerning an employee or applicant for employment in the skilled service or professional service of the State Personnel Management System or comparable position in an independent personnel system in […]
Section 5-209 – Election of Procedures
(a) An employee in the skilled service, professional service, or management service of the State Personnel Management System may elect to pursue an allegation of employment discrimination under: (1) the complaint procedures in this subtitle; or (2) the grievance procedures in Title 12 of this article. (b) An employee of the University System of Maryland who is eligible to […]
Section 5-210 – Representation of Complainant; Finality of Decision; Resolution of Complaint
(a) A complainant may be represented during the complaint process by any person the complainant chooses. (b) (1) If a complainant fails to appeal a decision in accordance with this subtitle, the complainant is considered to have accepted the decision. (2) A failure to decide a complaint in accordance with this subtitle is considered a denial from which an […]
Section 5-211 – Filing of Complaint
(a) An applicant or employee subject to this subtitle may file with the head of the principal unit a written complaint that alleges a violation of § 5-208 of this subtitle. (b) A complaint under this subtitle must be filed within 30 days after the complainant first knew of or reasonably should have known of the alleged […]
Section 5-212 – Actions on Complaint
Within 30 days after a complaint under § 5-211 of this subtitle is received: (1) an equal employment officer, under the direction of the fair practices officer, shall investigate the complaint and recommend a proposed decision to the head of the principal unit; and (2) the head of the principal unit shall issue a written decision to […]