Maryland Code, STATE GOVERNMENT 20-1013
Terms Used In Maryland Code, STATE GOVERNMENT 20-1013
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- County: means a county of the State or Baltimore City. See
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- including: means includes or including by way of illustration and not by way of limitation. See
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(i) the complainant initially filed a timely administrative charge or a complaint under federal, State, or local law alleging an unlawful employment practice by the respondent;
(ii) at least 180 days have elapsed since the filing of the administrative charge or complaint; and
(iii) 1. subject to item 2 of this item, the civil action is filed within 2 years after the alleged unlawful employment practice occurred; or
2. if the complaint is alleging harassment, the civil action is filed within 3 years after the alleged harassment occurred.
(2) The time limitations under paragraph (1)(iii) of this subsection shall be tolled while an administrative charge or complaint filed by the complainant under paragraph (1)(ii) is pending.
(b) A civil action under this section shall be filed in the circuit court for the county where the alleged unlawful employment practice occurred.
(c) The filing of a civil action under this section automatically terminates any proceeding before the Commission based on the underlying administrative complaint and any amendment to the complaint.
(d) If the court finds that an unlawful employment practice occurred, the court may provide the remedies specified in § 20-1009(b) of this subtitle.
(e) (1) In addition to the relief authorized under subsection (d) of this section, the court may award punitive damages, if:
(i) the respondent is not a governmental unit or political subdivision; and
(ii) the court finds that the respondent has engaged in or is engaging in an unlawful employment practice with actual malice.
(2) If the court awards punitive damages, the sum of the amount of compensatory damages awarded to each complainant under subsection (d) of this section and the amount of punitive damages awarded under this subsection may not exceed the applicable limitation established under § 20-1009(b)(3) of this subtitle.
(f) If a complainant seeks compensatory or punitive damages under this section:
(1) any party may demand a trial by jury; and
(2) the court may not inform the jury of the limitations on compensatory and punitive damages imposed under § 20-1009(b)(3) of this subtitle.
(g) When appropriate and to the extent authorized under law, in a dispute arising under this part, in which the complainant seeks compensatory or punitive damages, the parties are encouraged to use alternative means of dispute resolution, including settlement negotiations or mediation.