Maryland § 20-1016

§ 20-1016.

    (a)    Except as provided in subsections (b) and (c) of this section, in addition to any other relief authorized, if the Commission finds that a respondent has engaged in a discriminatory act under Subtitle 3 or Subtitle 4 of this title, the Commission may seek an order awarding monetary relief to the complainant:

        (1)    if the respondent has not been adjudicated to have committed any prior discriminatory act, in an amount not exceeding $500;

        (2)    if the respondent has been adjudicated to have committed one other discriminatory act during the 5–year period ending on the date of the filing of the current charge, in an amount not exceeding $1,000; and

        (3)    if the respondent has been adjudicated to have committed two or more discriminatory acts during the 7–year period ending on the date of the filing of the current charge, in an amount not exceeding $2,500.

    (b)    (1)    If the discriminatory act is committed by an individual who has been previously adjudicated to have committed one or more discriminatory acts, the time periods set forth in subsection (a)(2) and (3) of this section do not apply.

        (2)    If the discriminatory act is committed by the agent or employee of a respondent, the maximum amounts set forth in subsection (a)(2) and (3) of this section do not apply and the Commission may seek an order awarding monetary relief in an amount not exceeding $25,000, provided that:

            (i)    the act committed by the agent or employee is determined to be discriminatory; and

            (ii)    the respondent has not reasonably mitigated the harm caused by the discriminatory act.

        (3)    The maximum amounts set forth in subsection (a)(2) and (3) of this section do not apply if the act is found to be malicious.

    (c)    The Commission may not seek an order awarding monetary relief to a complainant if:

        (1)    the discriminatory act was limited to a violation relating to accessibility;

        (2)    the respondent, after being served, takes prompt corrective action; and

        (3)    the respondent has not previously been the subject of a complaint under § 20–1004 of this subtitle.

    (d)    If the Commission seeks an order awarding monetary relief before an administrative law judge under § 20–1008 of this subtitle, in determining the amount of the monetary relief to be awarded, the administrative law judge shall consider:

        (1)    the seriousness of the discriminatory act;

        (2)    the good faith of the respondent;

        (3)    the harmful effect to the public of the discriminatory act;

        (4)    the harmful effect of the respondent’s actions on the investigatory process of the Commission; and

        (5)    the respondent’s assets.

    (e)    Any monetary relief collected under this section shall be paid to the complainant.