(a) It is unlawful for any person, business, corporation, partnership,
copartnership or association or any other individual, agent, employee,
group or firm which is licensed or regulated by a unit in the
Department of Labor, Licensing, and Regulation as set out in § 2-108
of the Business Regulation Article to refuse, withhold from, deny or
discriminate against any person the accommodations, advantages,
facilities, privileges, sales, or services because of the race, sex,
creed, color, national origin, marital status, sexual orientation, or
disability of any person. Nothing in this section shall be construed or
interpreted to prohibit any person, business, corporation, partnership,
copartnership, association or any other individual, agent, employee,
group or firm which is licensed or regulated by the Department of
Labor, Licensing, and Regulation from the right to refuse, withhold
from, or deny any person for failure to conform to the usual and
regular requirements, standards, and regulations of any person,
business, corporation, partnership, copartnership, or association
contemplated by this section so long as the denial is not based upon
discrimination on the grounds of race, sex, color, creed, national
origin, marital status, sexual orientation, or disability.
(b) (1) If the Commission finds that a respondent has engaged in an
unlawful practice under this section, in addition to other relief
authorized, the Commission may seek an order assessing a civil penalty
against the respondent:
(i) If the respondent has not been adjudged to have committed any prior
discriminatory practice, in an amount not exceeding $500;
(ii) If the respondent has been adjudged to have committed 1 other
discriminatory practice during the 5-year period ending on the date of
the filing of this charge, in an amount not exceeding $1,000; and
(iii) If the respondent has been adjudged to have committed 2 or more
discriminatory practices during the 7-year period ending on the date
of the filing of this charge, in an amount not exceeding $2,500.
(2) If the acts constituting the discriminatory practice that is the object
of the charge are committed by the same natural person who has been
previously adjudged to have committed acts constituting a
discriminatory practice, then the civil penalties set forth in
subsections (b)(1)(ii) and (iii) may be imposed without regard to the
period of time within which any subsequent discriminatory practice
occurred.
(3) All civil penalties shall be paid to the General Fund of the State of
Maryland.
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