(a) (1) The board of county commissioners may establish both a human relations commission and a human relations department.
(2) The functions and duties of the commission and the department shall be set by resolution by the board of county commissioners.
(b) The human relations commission shall provide a forum for the presentation of problems concerning discrimination in the county.
(c) (1) The human relations department shall investigate complaints alleging discrimination as to race, color, religion, national origin, sex, age, marital status, physical or mental handicap, gender identity, or sexual orientation in:
(ii) Public accommodations; and
(2) (i) 1. In this paragraph, "familial status" means, with reference to one or more individuals who are under the age of 18 years, being domiciled with the individual and being:
a. A parent or other person having legal custody of the individual; or
b. The designee of a parent or other person having legal custody of the individual, with the written permission of the parent or other person having legal custody.
2. In this paragraph, "familial status" includes the status of being:
b. An individual who is in the process of securing legal custody of an individual under the age of 18 years.
(ii) The Human Relations Department shall investigate complaints alleging discrimination as to familial status in housing and employment.
(iii) This paragraph does not apply to housing for older persons as defined in article 49B, §20 of the code.
(3) (i) In this paragraph, "source of income" means any lawful, verifiable source of money paid directly or indirectly to a renter or buyer of housing including:
1. Income received through any lawful profession or occupation;
2. The condition of being a recipient of federal, state, or local government assistance including medical assistance subsidies, rental assistance, or rent supplements;
3. Any gift, inheritance, pension, annuity, alimony, child support, trust or investment accounts, or other consideration or benefit; and
4. Any sale or pledge of property or interest in property.
(ii) The Human Relations Department shall investigate complaints alleging discrimination as to source of income in housing.
(iii) Discrimination as to source of income does not include:
1. A commercially reasonable verification of source and amount of income;
2. A commercially reasonable evaluation of the stability, security, and creditworthiness of any source of income;
3. The eviction of any person for violation of the terms of a lease agreement; or
4. The refusal to consider income derived from criminal or unlawful activity.
(4) The department shall make determinations of discrimination or lack of discrimination.
(d) (1) (i) Except as provided in subsections (ii), (iii) and (iv) of this paragraph, the board of county commissioners by ordinance may authorize the human relations commission to provide remedial relief, including equitable relief and monetary damages.
(ii) The board of commissioners may not authorize the human relations commission to:
1. Award attorney’s fees;
2. Assess penalties or fines;
3. Create a private cause of action; or
4. Award damages for humiliation or pain and suffering.
(iii) In employment cases, the board of county commissioners may grant the human relations commission powers or jurisdiction over only employers with 15 or more employees.
(iv) In public accommodations cases and housing cases, the board of county commissioners may not grant the human relations commission powers or jurisdiction in excess of or in conflict with the powers and jurisdiction described in article 49B of the code.
(2) The board of county commissioners by ordinance may provide for the enforcement of subpoenas, decisions, and orders of the human relations commission in the circuit court for Frederick County.
(3) The board of county commissioners by ordinance may authorize:
(i) The human relations department or other party to appeal a decision or order of the human relations commission to the circuit court for Frederick County in accordance with Title 7, Chapter 200 of the Maryland Rules; and
(ii) The human relations commission to be a party to an appeal made to the circuit court for Frederick County.
(4) (i) In employment cases, an award of monetary damages:
1. May not exceed a 36-month period; and
2. Shall be reduced by any earnings received during that period or any amounts earnable during that period with reasonable diligence by the employee discriminated against.
(ii) In public accommodations cases and housing cases, an award or relief is restricted to actual monetary damages and equitable relief.
(1988, Chapter 224, § 1; 2003, Chapter 293, § 1; 2005, Chapter 558, §1) (Bill No. 19-08, 6-18-2019)
Human relations commission, see §§ 1-2-91 et seq. 
