Maryland Code, STATE GOVERNMENT 20-1004
Terms Used In Maryland Code, STATE GOVERNMENT 20-1004
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Oath: A promise to tell the truth.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(b) The complaint shall:
(1) be in writing;
(2) state:
(i) the name and address of the person or State or local unit alleged to have committed the discriminatory act; and
(ii) the particulars of the alleged discriminatory act;
(3) contain any other information required by the Commission; and
(4) be signed by the complainant under oath.
(c) (1) (i) Except as provided in paragraphs (2) and (3) of this subsection, a complaint shall be filed within 6 months after the date on which the alleged discriminatory act occurred.
(ii) A complaint filed with a federal or local human relations commission within 6 months after the date on which the alleged discriminatory act occurred shall be deemed to have complied with subparagraph (i) of this paragraph.
(2) (i) A complaint alleging an unlawful employment practice other than harassment shall be filed within 300 days after the date on which the alleged discriminatory act occurred.
(ii) A complaint filed with a federal human relations commission within 6 months or a local human relations commission within 300 days shall be deemed to have complied with subparagraph (i) of this paragraph.
(3) (i) A complaint alleging harassment against an employer shall be filed within 2 years after the date on which the alleged harassment occurred.
(ii) A complaint filed with a federal human relations commission within 6 months or a local human relations commission within 2 years after the date on which the alleged harassment occurred shall be deemed to have complied with subparagraph (i) of this paragraph.
(d) The Commission, on its own motion, and by action of at least three commissioners, may issue a complaint in its name in the same manner as if the complaint had been filed by an individual, if:
(1) the Commission has received reliable information from an individual that a person has been or is engaged in a discriminatory act; and
(2) after a preliminary investigation by the Commission’s staff authorized by the chair or vice-chair, the Commission is satisfied that the information warrants the filing of a complaint.