Employment Discrimination - Caregiver Status

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0724*

HOUSE BILL 724
D5, K3 6lr1196

By: Delegate Lopez
Introduced and read first time: February 2, 2026
Assigned to: Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Employment Discrimination – Caregiver Status 2

FOR the purpose of prohibiting employment discrimination based on an individual’s 3
caregiver status; and generally relating to employment discrimination. 4

BY renumbering 5
Article – State Government 6
Section 20–601(b) through (k) 7
to be Section 20–601(c) through (l), respectively 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2025 Supplement) 10

BY repealing and reenacting, without amendments, 11
Article – State Government 12
Section 20–601(a) 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2025 Supplement) 15

BY adding to 16
Article – State Government 17
Section 20–601(b) 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2025 Supplement) 20

BY repealing and reenacting, with amendments, 21
Article – State Government 22
Section 20–601(i) 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2025 Supplement) 25
(As enacted by Section 1 of this Act) 26

2 HOUSE BILL 724

BY repealing and reenacting, with amendments, 1
Article – State Government 2
Section 20–602, 20–606, and 20–610(b) and (c) 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2025 Supplement) 5

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That Section(s) 20–601(b) through (k) of Article – State Government of the Annotated Code 7
of Maryland be renumbered to be Section(s) 20–601(c) through (l), respectively. 8

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 9
as follows: 10

Article – State Government 11

20–601. 12

(a) In this subtitle the following words have the meanings indicated. 13

(B) “CAREGIVER STATUS” MEANS THE STATUS OF BEING AN INDIVIDUAL 14
WHO PROVIDES DIRECT AND ONGOING CARE FOR: 15

(1) A MINOR CHILD; OR 16

(2) AN INDIVIDUAL WITH A DISABILITY WHO: 17

(I) RELIES ON THE CAREGIVER FOR MEDICAL CARE OR TO 18
MEET THE NEEDS OF DAILY LIFE; AND 19

(II) 1. IS IN A FAMILIAL RELATI ONSHIP WITH THE 20
CAREGIVER, INCLUDING: 21

A. THE CAREGIVER’S CHILD; 22

B. THE CAREGIVER’S SPOUSE; 23

C. THE CAREGIVER’S DOMESTIC PARTNER; 24

D. THE CAREGIVER’S PARENT; 25

E. THE CAREGIVER’S SIBLING; 26

F. THE CAREGIVER’S GRANDCHILD; 27

G. THE CAREGIVER’S GRANDPARENT; 28
HOUSE BILL 724 3

H. THE CHILD OR PARENT OF THE CAREGIVER’S SPOUSE 1
OR DOMESTIC PARTNER; OR 2

I. ANOTHER INDIVIDUAL IN A FAMILIAL RELATIO NSHIP 3
RECOGNIZED BY THE MARYLAND COMMISSION ON CIVIL RIGHTS; OR 4

2. RESIDES IN THE CAREGIVER’S HOUSEHOLD. 5

(i) “Harassment” includes: 6

(1) unwelcome and offensive conduct, which need not be severe or 7
pervasive, when: 8

(i) the conduct is based on race, color, religion, ancestry or national 9
origin, sex, age, marital status, CAREGIVER STATUS, sexual orientation, gender identity, 10
disability, or military status; and 11

(ii) 1. submission to the conduct is made either explicitly or 12
implicitly a term or condition of employment of an individual; 13

2. submission to or rejection of the conduct is used as a basis 14
for employment decisions affecting the individual; or 15

3. based on the totality of the circ umstances, the conduct 16
unreasonably creates a working environment that a reasonable person would perceive to 17
be abusive or hostile; and 18

(2) sexual harassment. 19

20–602. 20

It is the policy of the State, in the exercise of its police power for the protection of the 21
public safety, public health, and general welfare, for the maintenance of business and good 22
government, and for the promotion of the State’s trade, commerce, and manufacturers: 23

(1) to assure all persons equal opportunity in receiving employment and in 24
all labor management –union relations, regardless of race, color, religion, ancestry or 25
national origin, sex, age, marital status, CAREGIVER STATUS, sexual orientation, gender 26
identity, military status, or disability unrelated in nature and extent so as to reasonably 27
preclude the performance of the employment; and 28

(2) to that end, to prohibit discrimination in employment by any person. 29

20–606. 30

4 HOUSE BILL 724

(a) An employer may not: 1

(1) fail or refuse to hire, discharge, or otherwise discriminate agains t any 2
individual with respect to the individual’s compensation, terms, conditions, or privileges of 3
employment because of: 4

(i) the individual’s race, color, religion, sex, age, national origin, 5
marital status, CAREGIVER STATUS , sexual orientation, gend er identity, genetic 6
information, military status, or disability unrelated in nature and extent so as to 7
reasonably preclude the performance of the employment; or 8

(ii) the individual’s refusal to submit to a genetic test or make 9
available the results of a genetic test; 10

(2) limit, segregate, or classify its employees or applicants for employment 11
in any way that would deprive or tend to deprive any individual of employment 12
opportunities or otherwise adversely affect the individual’s status as an employee because 13
of: 14

(i) the individual’s race, color, religion, sex, age, national origin, 15
marital status, CAREGIVER STATUS , sexual orientation, gender identity, genetic 16
information, military status, or disability unrelated in nature and extent so as to 17
reasonably preclude the performance of the employment; or 18

(ii) the individual’s refusal to submit to a genetic test or make 19
available the results of a genetic test; 20

(3) request or require genetic tests or genetic information as a condition of 21
hiring or determining benefits; 22

(4) fail or refuse to make a reasonable accommodation for the known 23
disability of an otherwise qualified employee or an applicant for employment; or 24

(5) engage in harassment of an employee. 25

(b) An employment agency may not: 26

(1) fail or refuse to refer for employment or otherwise discriminate against 27
any individual because of the individual’s race, color, religion, sex, age, national origin, 28
marital status, CAREGIVER STATUS, sexual orientation, gender identity, military status, 29
or disability unrelated in nature and extent so as to reasonably preclude the performance 30
of the employment; or 31

(2) classify or refer for employment any individual on the basis of the 32
individual’s race, color, religion, sex, age, national origin, marital status, CAREGIVER 33
STATUS, sexual orientation, gender identity, military status, or disability unrelated in 34
nature and extent so as to reasonably preclude the performance of the employment. 35
HOUSE BILL 724 5

(c) A labor organization may not: 1

(1) exclude or expe l from its membership, or otherwise discriminate 2
against, any individual because of the individual’s race, color, religion, sex, age, national 3
origin, marital status, CAREGIVER STATUS, sexual orientation, gender identity, military 4
status, or disability unr elated in nature and extent so as to reasonably preclude the 5
performance of the employment; 6

(2) limit, segregate, or classify its membership, or classify or fail or refuse 7
to refer for employment any individual, in any way that would deprive or tend to deprive 8
the individual of employment opportunities, limit the individual’s employment 9
opportunities, or otherwise adversely affect the individual’s status as an employee or as an 10
applicant for employment because of the individual’s race, color, religion, sex, age, national 11
origin, marital status, CAREGIVER STATUS, sexual orientation, gender identity, military 12
status, or disability unrelated in nature and extent so as to reasonably preclude the 13
performance of the employment; or 14

(3) cause or attempt to cau se an employer to discriminate against an 15
individual in violation of this section. 16

(d) An employer, labor organization, or joint labor –management committee 17
controlling apprenticeship or other training or retraining programs, including on –the–job 18
training programs, may not discriminate against any individual in admission to, or 19
employment in, any program established to provide apprenticeship or other training or 20
retraining because of the individual’s race, color, religion, sex, age, national origin, marital 21
status, CAREGIVER STATUS , sexual orientation, gender identity, military status, or 22
disability unrelated in nature and extent so as to reasonably preclude the performance of 23
the employment. 24

(e) (1) Except as provided in paragraph (2) of this subsection, an employer, 25
labor organization, or employment agency may not print or cause to be printed or published 26
any notice or advertisement relating to employment by the employer, membership in or any 27
classification or referral for employment by the labor organization, or any classification or 28
referral for employment by the employment agency that ind icates any preference, 29
limitation, specification, or discrimination based on race, color, religion, sex, age, national 30
origin, marital status, CAREGIVER STATUS, sexual orientation, gender identity, disability, 31
or military status. 32

(2) A notice or adverti sement may indicate a preference, limitation, 33
specification, or discrimination based on religion, sex, age, national origin, marital status, 34
CAREGIVER STATUS, disability, or military status if religion, sex, age, national origin, 35
marital status, CAREGIVER STATUS, disability, or military status is a bona fide 36
occupational qualification for employment. 37

6 HOUSE BILL 724

(f) An employer may not discriminate or retaliate against any of its employees or 1
applicants for employment, an employment agency may not discriminate agains t any 2
individual, and a labor organization may not discriminate or retaliate against any member 3
or applicant for membership because the individual has: 4

(1) opposed any practice prohibited by this subtitle; or 5

(2) made a charge, testified, assisted, or participated in any manner in an 6
investigation, proceeding, or hearing under this subtitle. 7

20–610. 8

(b) An employer may not: 9

(1) fail or refuse to offer an internship, terminate an internship, or 10
otherwise discriminate against an individual with re spect to the terms, conditions, or 11
privileges of an internship because of the individual’s race, color, religion, sex, age, national 12
origin, marital status, CAREGIVER STATUS, sexual orientation, gender identity, military 13
status, or disability unrelated in nature and extent so as to reasonably preclude the 14
performance of the internship; 15

(2) limit, segregate, or classify its interns or applicants for internships in 16
any way that would deprive or tend to deprive any individual of internship opportunities 17
or otherwise adversely affect the individual’s status as an intern because of the individual’s 18
race, color, religion, sex, age, national origin, marital status, CAREGIVER STATUS, sexual 19
orientation, gender identity, military status, or disability unrelated in nature and extent 20
so as to reasonably preclude the performance of the internship; 21

(3) fail or refuse to make a reasonable accommodation for the known 22
disability of an otherwise qualified intern; or 23

(4) discriminate or retaliate against any of its in terns or applicants for 24
internships because the individual has: 25

(i) opposed any practice prohibited by this subtitle; or 26

(ii) made a charge, testified, assisted, or participated in any manner 27
in an investigation, a proceeding, or a hearing under this subtitle. 28

(c) (1) Except as provided in paragraph (2) of this subsection, an employer may 29
not print or cause to be printed or published any notice or advertisement relating to an 30
internship with the employer that indicates any preference, limitation , specification, or 31
discrimination based on race, color, religion, sex, age, national origin, marital status, 32
CAREGIVER STATUS, sexual orientation, gender identity, disability, or military status. 33

(2) A notice or an advertisement may indicate a preferen ce, limitation, 34
specification, or discrimination based on religion, sex, age, national origin, marital status, 35
HOUSE BILL 724 7

CAREGIVER STATUS, disability, or military status if religion, sex, age, national origin, 1
marital status, CAREGIVER STATUS , disability, or militar y status is a bona fide 2
occupational qualification for the internship. 3

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2026. 5