It is hereby declared to be the policy of the City of Hagerstown,
in the exercise of its police power for the protection of the public
safety, public health and general welfare, for the maintenance of
business and good government and for the promotion of the City's trade,
commerce and manufacturing, to assure all persons equal opportunity
in receiving employment and in all labor management-union relations
regardless of gender, race, color, religion, sex, sexual orientation,
gender identity or expression, age, disability, marital status, citizenship,
national origin, genetic information, or any other protected characteristic
protected by law unrelated in nature and extent so as to reasonably
preclude the performance of the employment and, to that end, to prohibit
discrimination in employment by any person, group, labor organization,
organization or any employer or his agents.
For the purpose of this article, the following terms shall have
the meanings indicated:
EMPLOYEE
An individual employed by an employer, except that employee
does not include any person elected to public office or any person
chosen by an officer to be on the officer's personal staff, an appointee
in the policy-making level or an immediate advisor with respect to
the exercise of the constitutional or legal powers of the office.
The exception set forth in the preceding sentence does not include
employees subject to the state or local civil service laws.
EMPLOYER
A person engaged in an industry or business who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year and any agent of such a person. Such term does not include the City to the extent as may be provided in this article, but such term does not include a bona fide private membership club, other than a labor organization, which is exempt from taxation under §
501 (c) of the Internal Revenue Code of 1954.
EMPLOYMENT AGENCY
Any person regularly undertaking, with or without compensation,
to procure employees for an employer or to procure for employees opportunities
to work for an employer, and includes an agent of such a person. Such
term shall not include an agency of the United States or an agency
of the State of Maryland or political subdivision thereof, except
that such term shall include the United States Employment Service
and the system of state and local employment services receiving federal
assistance.
LABOR ORGANIZATION
A labor organization engaged in an industry and any agent
of such an organization, and includes any organization of any kind,
any agency or employee representation committee, group, association
or plan so engaged in which employees participate and which exists
for the purpose, in whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours or other terms
or conditions of employment and any conference, general committee,
joint or system board or joint council so engaged which is subordinate
to a national or international labor organization.
PERSON
Includes one or more individuals, labor unions, partnerships,
associations, corporations, legal representatives, mutual companies,
joint-stock companies, trusts, unincorporated organizations, trustees,
trustees in bankruptcy or receivers or any other legal entity.
RELIGION
Includes all aspects of religious observances and practice,
as well as belief, unless an employer demonstrates that he is unable
reasonably to accommodate to an employee's or prospective employee's
religious observances or practice without undue hardship on the conduct
of the employer's business.
This article shall not apply to a religious corporation, association,
educational institution or society with respect to the employment
of individuals of a particular religion to perform work connected
with the carrying on by such corporation, association, educational
institution or society of its activities.