What Happened?

As a reminder for Maryland employers, Baltimore City enacted Ordinance 25‑078 creating Article 11, Subtitle 20 (Pregnancy Accommodations).

Effective January 10, 2026, employers in the City must provide reasonable accommodations for pregnancy, recovery from childbirth (including stillbirth or miscarriage), and related conditions, and comply with new policy, timeline, and recordkeeping rules.

Overview

• Who is covered (employers): Any business in Baltimore City with 2 or more full‑time employees (federal and Maryland state governments excluded).

• Who is protected: Employees and applicants who are pregnant, recovering from pregnancy (including stillbirth/miscarriage), or recovering from a related condition.

• Reasonable accommodations: Required upon request, via a timely, good‑faith interactive process; employer may request a note from a licensed healthcare provider.
  Examples: more/longer breaks, seating/equipment, job restructuring, light duty, assistance with manual labor, modified schedule, temporary transfer to less strenuous work (if available) with return after recovery.

• Forbidden actions: No retaliation/adverse action; no denial of opportunities based on the need to accommodate; no forcing leave if another accommodation works; no forcing an unrequested/unnecessary accommodation.

• Written policy (required): Must state rights, how to request, 10‑business‑day employer response, interactive process, written reasons for any denial (e.g., undue hardship), Commission complaint info, and anti‑retaliation language.
  
  
• Distribution: Provide at hire, within 10 calendar days of any change, on request, and in the handbook. E‑delivery allowed if receipt is confirmed and paper provided on request.

• Recordkeeping (strict): Keep a 3‑year file of each request (name, dates/updates, all correspondence, and resolution) and allow Commission access on reasonable notice. Failure to maintain/produce records creates a rebuttable presumption of violation.

• Enforcement & penalties: Complaints go to the Baltimore Community Relations Commission; violations are subject to civil citations up to $1,000 per offense.

Why this matters: The ordinance sets stricter, clearer, and faster requirements than many general accommodation laws. Low coverage threshold (2 FTEs), a firm 10‑day response clock, and presumptive liability if records are not kept—raising operational and enforcement risk for City employers.

Key Risks for Employers

• Missing policy or late responses: No written policy or responses after 10 business days can trigger complaints and fines.

• Poor documentation: Not retaining 3‑year records (or failing to produce them) creates a rebuttable presumption you violated the law.

• Process missteps: Skipping the interactive process, forcing leave, or denying opportunities tied to needed accommodations.

• Distribution failures: Not giving the policy at hire, within 10 days of changes, on request, or omitting it from the handbook; no e‑receipt or paper copy upon request.

• Applicant coverage overlooked: The law applies to applicants, not just employees.

• Undue‑hardship misuse: Denials without written reasons or without considering feasible alternatives increase exposure.

• Per‑offense penalties: Each violation may draw a civil citation up to $1,000—and complaints proceed under the City’s discrimination framework.

For additional details:

• City of Baltimore – Ordinance 25-078 (250051) – Pregnancy Accommodations
• City of Baltimore – Ordinance 25-078 – An Ordinance Concerning Labor and Employment – Pregnancy Accommodations

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