The new law allows the Office of the Attorney General to investigate and address civil rights violations by non-governmental entities. The Office can investigate violations of state and federal civil rights laws and violations of the U.S. and state constitutions. It is intended to address broad civil rights violations, in which there is a pattern or practice of discriminatory conduct. If there is reason to believe there has been a civil rights violation, the Office of the Attorney General may file a lawsuit on behalf of the citizens of Maryland. The Office can also seek an injunction to stop an alleged civil rights violator from continuing its discriminatory actions.
The new law covers all civil rights provided by state and federal laws and the United States and state constitutions. These include prohibitions on discrimination based on race, color, religion or creed, sex, age, ancestry or national origin, marital status, physical or mental disability, sexual orientation, or gender identity, as well as discrimination based on genetic information (in employment) and familial status or source of income (in housing). The law does not create any new protected categories.
Individuals often do not have the resources to sue for enforcement of their civil rights. They also often do not know that many other people have faced discrimination like what they have experienced. Under this law, the Office of the Attorney General can advocate on behalf of these individuals, using the resources of the State to advance citizens' rights. These rights span a wide range of issues, including housing, employment, public accommodations, business relationships, education, voting, and reproductive rights. Examples of potential enforcement actions include:
Safeguarding families from being denied housing because they have children.
Defending employees' right to wear headscarves at work.
Protecting homebuyers from being denied mortgages because they are looking to buy in predominately minority neighborhoods.
Preserving accessibility for people with disabilities who require wheelchair ramps.
Ensuring fair wages for women and people of color.
October 1, 2023. The Office of the Attorney General does not have authority to address discriminatory conduct that occurred before October 1, 2023, unless the discrimination continues into and beyond the effective date. Marylanders who have been discriminated against should continue filing complaints with the Maryland Commission on Civil Rights (MCCR)—an independent State agency.
Beginning October 1, 2023, the Office of the Attorney General can initiate investigations on its own and bring lawsuits to address alleged civil rights violations. The Office of the Attorney General can also take on investigations referred by MCCR. In its investigations, the Office of the Attorney General can issue subpoenas and seek injunctive relief to stop discriminatory behavior. The Office of the Attorney General will also proactively educate Marylanders on their civil rights protections and how they can get help having those protections enforced.
For individual complaints, please contact the Maryland Commission on Civil Rights or a private attorney. Those processes remain the primary mechanism by which an individual civil rights violation may be vindicated.
The Attorney General's Office will focus on violations that are part of a broader pattern or practice of discrimination. The Office will create a process to submit information when the legislation takes effect on October 1, 2023. In the meantime, individuals can contact the Office at civilrights@oag.state.md.us. While we encourage anyone who is aware of a broad civil rights discrimination to report it to us, please know that that is not a substitute for filing an individual complaint in court or with MCCR.
Since 2017, the Office of the Attorney General has had a Civil Rights Division led by an attorney. The Division is a key element of the Office's work; however, it has been hampered by its lack of enforcement authority. Recognizing the need to take on large-scale discrimination, during his first 100 days in office, Attorney General Brown made enacting civil rights enforcement authority a top legislative priority. To its credit, the Maryland General Assembly agreed, and passed a bipartisan bill crediting a Civil Rights Division with enforcement capabilities. Governor Moore and the General Assembly made sure that the Division would be adequately staffed with a Division Chief, other attorneys, investigators, and administrative staff.
At least twenty-one states have civil rights enforcement authority vested within the offices of their attorneys general. For example, Virginia, Delaware, and the District of Columbia all have a framework similar to what this new law provides for Maryland.
Nothing in this legislation affects the authority or functions of the MCCR. The Office of the Attorney General will complement and expand the reach of the work the MCCR has done on behalf of Marylanders for many years. Given its resources and experience, the Office of the Attorney General will focus particularly on large investigations or egregious cases involving broad patterns of discrimination. The Office of the Attorney General and the MCCR will collaborate to eliminate duplication of efforts and to ensure the best possible protection of Marylanders' civil rights.
We are hiring attorneys, investigators, and administrative support staff to fill out this new division. For current job openings, look here. New jobs will be posted through the spring and summer. If you would like to hear about future opportunities, contact the Office at civilrights@oag.state.md.us.
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