MARVIN MANDEL, Governor

19

Annotated Code of Maryland

(1972 Replacement Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 19(g) of Article 49B - Human
Relations Commission, of the Annotated Code of Maryland
(1972 Replacement Volume and 1975 Supplement) be and it
is hereby repealed and reenacted, with amendments, to
read as follows:

Article 49B — Human Relations Commission

19.

(g) Notwithstanding any other provision of this
subtitle, (1) it is not an unlawful employment practice
for an employer to hire and employ employees, for an
employment agency to classify, or refer for employment
any individual, for a labor organization to classify its
membership or to classify or refer for employment any
individual, or for an employer, labor organization or
joint labor—management committee controlling
apprenticeship or other training or retraining programs
to admit or employ any individual in any such program, on
the basis of his religion, national origin or physical or
mental qualification in those instances where sex, age,
religion, national origin or physical or mental
qualification is a bona fide occupational qualification
reasonably necessary to the normal operation of that
particular business or enterprise; (2) it is not an
unlawful employment practice for an employer to establish
standards concerning an employee's dress and grooming if
the standards are directly related to the nature of the
employment of the employee; (3) it is not an unlawful
employment practice for a school, college, university, or
other educational institution or institution of learning
to hire and employ employees of a particular religion if
the school, college, university, or other educational
institution or institution of learning is, in whole or in
substantial part, owned, supported, controlled, or
managed by a particular religion or by a particular
[religious corporation association] RELIGIOUS
CORPORATION, ASSOCIATION, or society or if the curriculum
of the school, college, university, or other educational
institution or institution of learning is directed toward
the propagation of a particular religion; and (4) it is
not unlawful for an employer, employment agency or labor
organization to observe the terms of a bona fide
seniority system or any bona fide employee benefit plan
such as a retirement, pension or insurance plan, which is
not a subterfuge to evade the purposes of this subtitle;
however, no employee benefit plan shall excuse the
failure to hire any individual.