Baltimore City Code, Article 11, § 20-1 Definitions.
§ 20-1. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Adverse action.
“Adverse action” means an action an employer takes or refuses to take in order to retaliate or discriminate against a person for exercising a right or alleging a violation under this subtitle.
(c) Applicant.
“Applicant” means an individual applying to work for an employer in Baltimore City.
(d) Commission.
“Commission” means the Baltimore Community Relations Commission.
(e) Eligible individual.
“Eligible individual” means an employee or applicant who is currently pregnant, is recovering from a pregnancy, including a pregnancy ending in stillbirth or miscarriage, or is recovering from a related condition.
(f) Employee.
(1) In general.
“Employee” means any individual who works for an employer in Baltimore City.
(2) Exclusions.
“Employee” does not include:
(i) an individual engaged in the activities of an educational, charitable, religious, or other nonprofit organization where the services rendered to that organization are on a voluntary basis or in return for charitable aid conferred on the individual; or
(ii) an individual who is employed by the individual’s parent, spouse, or child.
(g) Employer.
(1) In general.
“Employer” means any individual or organization engaged in any business in the City of Baltimore that employs 2 or more full-time employees.
(2) Exclusions.
“Employer” does not include:
(i) the federal government or any unit thereof; or
(ii) the State government or any unit thereof.
(h) Reasonable accommodation.
(1) In general.
“Reasonable accommodation” means any practice or allowance meant to ease the work environment for an employee who is pregnant, recovering from pregnancy, or has a related condition.
(2) Inclusions.
“Reasonable Accommodation” includes:
(i) offering an eligible individual more frequent or longer breaks;
(ii) acquiring or modifying accessible equipment or seating;
(iii) temporarily transferring an eligible individual to a less strenuous or hazardous position, if available, with return to the current position after pregnancy or recovery;
(iv) restructuring of an eligible individual’s job;
(v) assigning an eligible individual light duty;
(vi) providing an eligible individual with assistance with manual labor; or
(vii) allowing an eligible individual to take a modified work schedule.
(3) Exclusions.
“Reasonable accommodation” does not include:
(i) hiring a new employee that an employer would not otherwise have hired;
(ii) discharging an employee;
(iii) transferring an employee with more seniority than a pregnant or recovering employee;
(iv) promoting an employee who is not qualified to perform a new job;
(v) creating a new position for an eligible individual; or
(vi) providing an eligible individual leave beyond the amount that is provided to similarly situated employees.
(i) Undue hardship.
(1) In general.
“Undue hardship” means an action required to provide a requested accommodation that creates a significant difficulty or expense for an employer.
(2) Factors.
When an employer or the Commission is determining undue hardship, the following factors may be considered:
(i) the nature and cost of an accommodation;
(ii) the overall financial resources of an employer;
(iii) the overall size of an employer’s organization, with respect to the number of employees and number, type, and location of an employer’s available facilities;
(iv) an accommodation’s effect on an employer’s expenses, resources, or operations; and
(v) whether a provision of similar accommodations has been made to another employee.
(Ord. 25-078 Section 1.)