Section 5-604 - Discrimination against employee.
§ 5-604. Discrimination against employee.
(a) Medical information.-
(1) An employer or other person may not discharge or otherwise discriminate against an employee on the basis of information gained through participation of the employee in group medical coverage.
(2) This title does not prevent an employer from using medical information that:
(i) has a direct, material, and timely relationship to the capacity or fitness of an employee to perform the job of the employee properly; or
(ii) differs substantially from medical information that the employee falsely provides in an application for employment.
(b) Retaliatory action prohibited.- An employer or other person may not discharge or otherwise discriminate against an employee because the employee:
(1) files a complaint under or related to this title;
(2) brings an action under this title or a proceeding under or related to this title or causes the action or proceeding to be brought;
(3) has testified or will testify in an action under this title or a proceeding under or related to this title; or
(4) exercises, for the employee or another, a right under this title.
(c) Complaint by employee.-
(1) An employee who believes that an employer or other person has discharged or otherwise discriminated against the employee in violation of subsection (a) or (b) of this section may submit to the Commissioner a written complaint that alleges the discrimination and that includes the signature of the employee.
(2) An employee shall file a complaint under this subsection within 30 days after the alleged discrimination occurs.
(d) Action by Commissioner.-
(1) On receipt of a complaint under subsection (c) of this section, the Commissioner may investigate.
(2) If, after investigation, the Commissioner determines that an employer or other person has violated subsection (a) or (b) of this section, the Commissioner shall file a complaint to enjoin the violation, to reinstate the employee to the former position with back pay, or for other appropriate relief in the circuit court for:
(i) the county in which the alleged violation occurred;
(ii) the county in which the employer has its principal office; or
(iii) Baltimore City.
(3) Within 90 days after the Commissioner receives a complaint, the Commissioner shall notify the employee of the determination under this subsection.
[An. Code 1957, art. 89, § 43; 1991, ch. 8, § 2.]