Thursday, May 11, 2006

Family responsibilities, Sexual Orientation, and Genetic Status Discrimination are Outlawed by Montgomery County Code

As mentioned here, some Maryland Counties have enacted their own anti-discrimination statutes. Montgomery County's statute is much broader than Title VII and forbids discrimination based on, among other things, "sexual orientation, family responsibilities, or genetic status."

The above terms are defined as follows:

  • Sexual orientation means actual or perceived male or female homosexuality, heterosexual, or bisexuality;
    (1) by practice between lawfully consenting adults; or
    (2) by inclination.

  • Family responsibilities means the state of being financially or legally responsible for the support or care of a person or persons, regardless of the number of dependent persons or the age of any dependent person

Genetic status includes discrimination based on (1) genetic information; or (2) the actual or perceived genetic condition of an employee or the employee's relative.

  • Genetic information means information regarding an employee's (or an employee's relatives): (1) actual or perceived genetic condition; (2) request for or receipt of any test that can detect, indicate, or analyze a genetic condition; or (3) medical history, if the information otherwise satisfies either paragraph (1) or (2).

  • Genetic condition includes the presence of deoxyribonucleic acid (DNA), ribonucleic acid (RNA), chromosomes, proteins, or certain metabolites that indicate or confirm that an individual has a mutation or other genotype associated with a disease or disability.

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