The fate of affirmative action has officially been decided, with the U.S. Supreme Court ruling against the use of race in college admissions – deeming the admissions programs at both Harvard University in Massachusetts and the University of North Carolina at Chapel Hill unconstitutional. 

The Supreme Court says colleges and universities can no longer take race into consideration as a specific basis for granting admission, a landmark decision overturning long-standing precedent that has benefited Black and Latino students in higher education. Chief Justice John Roberts wrote the opinion for the conservative majority, saying the Harvard and University of North Carolina admissions programs violated the Equal Protection Clause because they failed to offer “measurable” objectives to justify the use of race. He said the programs involve racial stereotyping and had no specific end point. 

We, at MCCR, consider this to be a significant blow to diversity and inclusion and an absolute step backwards in the promotion of equity and opportunity for those who have most often been marginalized and excluded. Our nation’s future as a thriving multiracial democracy depends on students having the freedom and opportunity to learn, work together, and understand what unites us. The American Council on Education is quoted as saying: 

We believe that the education of virtually all students is enhanced in campus settings where the diversity of our society is represented. For many students, higher education represents the first and best chance to learn from diverse peers. In an increasingly interdependent global economy and society, America will suffer if its citizens are not prepared to live and work in multicultural settings. 

This decision against affirmative action is counter to our nation’s history, diminishing the lived experiences of people of color. This decision limits the ability of some Americans to equal access and perpetuates underrepresentation. The impact is not limited to education, but to meaningful participation in professional and leadership roles across society. Consistent with the ruling to suppress and limit women’s reproductive rights, and similar to the banning of books by Black and LGBTQ authors from school curricula, this is an ongoing attempt to undermine hard fought gains in the area of civil rights protections and to simply turn back the clock to a time of state sanctioned oppression.

The Supreme Court’s decision does not change the responsibility of colleges and universities to increase educational opportunities for students of color. The Supreme Court’s majority opinion claims that the court was not expressly overturning prior cases authorizing race-based affirmative action and suggested that how race has affected an applicant’s life can still be part of how their application is considered. MCCR encourages colleges and universities, (students, faculty and alumni) to discuss race and to include applicants lived experiences into the college admissions process. This abhorrent decision should not prevent colleges and universities from inquiring about these experiences in relation to their university’s missions.

As the enforcement agency of Maryland’s civil rights laws, the Maryland Commission on Civil Rights will continue to fight these and all other regressive civil rights policies. We are bolstered by our foundational commitment to opportunity, equity and inclusion.

The Maryland Commission on Civil Rights, (MCCR), and its Board of Commissioners regularly recognize special emphasis commemorations. From Sept. 15 to Oct. 15, the National Hispanic Heritage Month is a time to recognize and celebrate the many contributions, diverse cultures, and extensive histories of the American Hispanic and Latinx community. According to the census, 62.6 million of the United States identify as Hispanic or Latinx, making them the nation’s largest racial or ethnic minority. In Maryland, Hispanic/Latinx make up 12 percent of the Maryland population and number around 744,000. 

The observation started in 1968 as Hispanic Heritage Week under President Lyndon Johnson and was expanded by President Ronald Reagan in 1988 to cover a 30-day period starting on September 15 and ending on October 15. It was enacted into law on August 17, 1988, on the approval of Public Law 100-402. 

The day of September 15 is significant because it is the anniversary of independence for Latin American countries Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. In addition, Mexico and Chile celebrate their independence days on September 16 and September18, respectively.

During this Hispanic Heritage Month, MCCR encourages Marylanders to learn more about the culture and contributions the Hispanic/Latinx community have made in society. Look for your local community events. To assist you in your search, below is a brief list of activities throughout Maryland:

• Prince Georges County Dept of Parks and Recreation Hispanic Heritage Month Calendar of Events
• Montgomery College Calendar of Events
• Hispanic Heritage Month Celebration Kickoff (In Waldorf, MD)
• City of Mount Rainer’s Latino Heritage Month Celebration
• Hispanic Business on BAM (Business, Advocacy and Mentorship)! Showcase
• 14th Annual Latino Festival of Frederick, MD
• Annual Hispanic Heritage Month Celebration and Presentation of Community Service Awards
• Hispanic Heritage Month: Hispanic Leadership Awards Dinner
• 3rdd Annual Latin Rhythms Festival

The MCCR and its Board of Commissioners are united in celebrating all cultures, and in resolving anti-discrimination through enforcement of the State’s anti-discrimination laws, and through public outreach and education. 

For information on MCCR, visit https://mccr.maryland.gov/

The Maryland Commission on Civil Rights and its Board of Commissioners regularly recognize special emphasis commemorations. From Sept. 15 to Oct. 15, the National Hispanic Heritage Month is a time to recognize and celebrate the many contributions, diverse cultures, and extensive histories of the American Hispanic and Latino community. Beginning in 1968, Hispanic Heritage Month was originally observed as “Hispanic Heritage Week” under President Lyndon Johnson, but it was later extended to a month during President Ronald Reagan’s term in 1988. 

Changing from one week to a month, the four weeks of national recognition aim to acknowledge the culture and contributions of a vibrant, multifaceted, multiethnic group of people, proud of their roots — whether from Mexico, the Caribbean, Central America, South America or Spain. The National Council of Hispanic Employment Program Managers has selected the theme of “Esperanza” or Hope for the 2021 Hispanic Heritage Month theme, which invites us to reflect on how great our tomorrow can be if we hold onto our resilience and hope. Hope to manage and mitigate this global pandemic, hope for resolution on immigration, hope for more accessibility laws, and hope for better understanding, acceptance, and valuing of everyone in our society. During this Hispanic Heritage Month, learn more about Afro-Latino culture, take in a mariachi, salsa or tango performance, learn about Hispanics achievement in STEM or attend a local festival in Maryland and/or DMV area. 

One notable event is at the AFI Silver Theatre and Cultural Center in Silver Spring, Md., holding its 32nd annual Latin American Film Festival (click here to register) from Sept. 23 through Oct. 13, featuring movies from Argentina, Ecuador, El Salvador, Bolivia and more. 

Look for your local community events and for additional information of other activities throughout Maryland go to the links below.

• https://www.pgparks.com/2855/Hispanic-Heritage-Month
• https://www.montgomeryparks.org/events/hispanic-heritage-month/
• https://www.fredericknewspost.com/calendar/community_and_festivals/urbana-latinocelebration/event_81ce97c4-df90-11eb-8f8a-5cb9017b9fe4.html
• https://www.cottagecitymd.gov/home/bulletins/hispanic-heritage-month

In these difficult times, the Maryland Commission on Civil Rights and its Board of Commissioners are united in celebrating all cultures, and also in resolving anti-discrimination through enforcement of the State’s anti-discrimination laws, and through public outreach and education.

During August, the Maryland Commission on Civil Rights and its Board of Commissioners join health professionals in raising awareness about National Immunization Awareness Month. 

This special emphasis category promotes vaccinations by persons of all ages and all abilities. With the ongoing spread of the Delta variant to COVID-19, awareness and understanding of vaccines and the role they play in public health is important. 

In addition to immunizing against the COVID-19 virus, the Board of Commissioners emphasizes generally that immunization is a tool in protecting against a host of illnesses, including, tetanus, hepatitis A and B, measles, polio, and even seasonal influenza. The Board of Commissioners recognizes that longstanding health disparities may inhibit easy access to these protective measures. 

In the United States, less than 73% of children receive all the recommended vaccinations. The inequities in immunization begin in childhood, contributing to health disparities across the lifespan. Inequities in immunization reflect the overall barriers and gaps in healthcare experienced by a large number of historically marginalized groups, including, people of color and people with disabilities. 

“Health equity means that everyone has a fair and just opportunity to be healthier. This requires removing obstacles to health such as poverty, discrimination, and their consequences, including powerlessness and lack of access to good jobs with fair pay, quality education and housing, safe environments, and health care.”

We applaud the efforts of the Maryland Vaccine Equity Task Force and local Departments of Health who collaborate with community organizations to provide COVID-19 vaccinations. The Board of Commissioners hopes that the lessons learned from these outreach efforts will inform on-going work on health equity.

During this National Immunization Awareness Month, the Commission echoes Governor Larry Hogan’s call that all Marylanders who are able to “please go get a vaccine as quickly as you can. Do it for yourself, do it for your family, do it for your friends, and do it so that all of us can put this global pandemic behind us.”

During this month of Americans with Disabilities awareness, the Board of the Maryland Commission on Civil Rights celebrates all persons with visible and invisible disabilities. 

Since its enactment on July 26, 1990, the Americans with Disabilities Act, as amended, and its state-based equivalent statutory protections have provided protections for disability access and inclusion, prohibiting discrimination on the basis of disability in employment, in public accommodation, in public services, in transportation, and in telecommunications. Former President George H. W. Bush called the Act “a new birth of freedom” for Americans who identify as having a disability. This landmark civil rights law has changed society from benevolence towards disability to acceptance. Yet copious work remains. 

Maryland protects people with disabilities both in Title 20, State Government Article, and in Sections 7-701 to 7-710, Human Services Title. While these laws provide protections, they must be enforced and awareness must continue to be raised to promote equitable access and acceptance of persons with disabilities. 

The recent litigation in Baltimore City, Maryland, asserting a lack of curb ramps and sidewalk maintenance in violation of federal accessibility requirements shows the ongoing need for diligence in promoting compliance with existing laws. 

According to the 2018 Disability Status Report, the most recent available, the prevalence of Marylanders with a disability was 11.2% overall, increasing from 5.2% in children between the ages of 5 to 15 to 43.8 percent for persons ages 75 and over.

One area in which persons with disabilities experience discrimination includes seeking and obtaining accessible and equitable housing. On July 28, 2021, at 10:00 a.m. the Maryland Commission on Civil Rights will be hosting an event titled “Fair Housing: Know Your Rights” – a workshop to provide information on the laws under the Fair Housing Act, which provides protections that exist for all Marylanders. This event will include an emphasis on disabilities as it relates to housing. You can register for this free event here.

Finally, the Commission looks forward to working the Maryland Commission on Disabilities, an advisory body, as well as with the Maryland Department of Disabilities to promote equitable housing and employment for Marylanders with disabilities.

The Board of Commissioners and the Staff of the Maryland Commission on Civil Rights celebrates Pride Month, standing as allies and in support of the civil rights of the LGBTQ+ community this, and every, month. Pride Month is an opportunity to celebrate, raise awareness, and participate in events that recognize the LGBTQ+ community. 

As so eloquently offered by the National Park Service “civil rights are understood as freedoms of life, safety, thought and conscience, speech, expression, the press, assembly, and movement as well as the right to privacy and protection from discrimination.”1 An equitable society must guarantee these aforementioned civil and human rights. 

The LGBTQ+ community has experienced victories and losses. Within the past year, the United States Supreme Court has affirmed that the protections of Title VII extend to gender identity and sexual orientation. The Court has recently held, in Fulton v. City of Philadelphia, that municipal policies requiring non-discrimination from contractors providing public services, when exceptions are allowed, must accommodate religious beliefs. 2 We understand that fifty or more laws have been proposed that protect or advance the rights of the LGBTQ+ community. We also understand that one hundred or more laws across thirty-three states have been proposed that limit the rights of transgender persons.3 This month, we remembered those lost in the Pulse massacre five years ago.

As Marylanders, we have been leaders in standing with our LGBTQ+ communities. Since 2001, discrimination on the basis of sexual orientation has been illegal. In 2012, persons of the same sex have been able to marry the persons they love. In 2018, Maryland banned conversion therapy on minors. The legal defense for violence because of fear, panic, or temporary insanity from being “hit-on” by a person of the same sex will be abolished. We must continue to do better!

Progress has been achieved in Maryland. Yet the arc of justice must continuously bend towards supporting all historically excluded communities, often while combating against intolerance. In Maryland, LGBTQ+ communities “continue to face significant and disturbing barriers in almost every facet of their lives, including public health, employment, community safety and housing.”4 Maryland must identify and address disparities. 

The Maryland Commission on Civil Rights will host a virtual event on June 28th , 2021, from 12:00pm to 2:00pm titled “A Hidden Health Crisis: Health Disparities facing the LGBT Community”. You can register for free at mccr.events/LGBTQHealth. We hope you can join us and please share with others in your community. 

As Marylanders, and as a Commission, we must continue to support the civil rights of the LGBTQ+ community. 

On behalf of the Board of Commissioners and the Staff of the Maryland Commission on Civil Rights 

Gary C. Norman, J.D., L.L.M., Chairperson 

Alvin O. Gillard, Executive Director

Over the last several years, and more so in the last few weeks, the American Jewish community has seen a dramatic rise in anti-Semitic hate crimes leaving the American Jewish community feeling vulnerable. These recent anti-Semitic acts are hateful and harmful to both those subjected to them and to our society at large. The Maryland Commission on Civil Rights stands in solidarity with the American Jewish community. It is our duty to speak out in support of our neighbors, colleagues, and community members. 

Verbal and physical assaults against individual Jews, against the Jewish community, and against Jewish institutions and religious facilities are abhorrent and must stop. While the increase in attacks may be motivated by current events, senseless violence against the American Jewish community is not the answer and will not lead to change or peace.

As the agency in State government with the responsibility of enforcing Maryland’s antidiscrimination statutes preventing unlawful discrimination in the areas of employment, housing, public accommodations, and State contracts, the Commission is committed to combating unlawful discrimination throughout our State. The mission of the Commission is not an easy one, but it is an important one. The Commission remains committed, as a public agency which represents the best chance for many people to be heard in an unbiased platform, to our mission and authentic in pursuing our statutory charge. A critical part of MCCR’s mission is to promote and improve civil rights in Maryland. 

Gary C. Norman, J.D., L.L.M., Commission Chairperson 

Alvin O. Gillard, Executive Director

The Board of Commissioners and Staff of the Maryland Commission on Civil Rights welcome the verdict in the trial into the responsibility for George Floyd’s death. We hope Derek Chauvin’s guilty verdict brings Mr. Floyd’s family and friends a measure of peace. Martin Luther King, Jr. said “injustice anywhere is a threat to justice everywhere.” It is our profound hope that the justice from this verdict will be a threat to injustice everywhere. 

Illegal acts that infringe on the civil rights of our society should never be tolerated, especially by those in positions of public trust. Despite the wealth of evidence – the more than nine minutes of video recorded by bystanders, the testimony of officers against unnecessary force, and the testimony of medical professionals regarding the cause of death – it was uncertain that justice would be done. Sadly, justice and accountability under the law have not always been achieved. 

This demonstrates there is much work needed to achieve true civil rights for our brothers and sisters of color. Bias and discrimination remain, on a systemic basis, across our society, including among members of law enforcement. As President Biden said in his April 20, 2021, remarks “systemic racism…is a stain our nation’s soul; the knee on the neck of justice for Black Americans; the profound fear and trauma, the pain, the exhaustion that Black and brown Americans experience every single day.” It is our further hope that this measure of accountability becomes a turning point in the work towards fixing the continued stain of systemic racism that led to Floyd’s death. We have a duty to work toward justice and equality for all people of color facing racism and discrimination. 

The experiences people of color have due to systemic racism are not new, they are not unique, and they have not been hidden. The Black Lives Matter movement; the jarring murders of Ahmaud Arbery, Breonna Taylor, and George Floyd; and the resulting protests have forced America to acknowledge the disparities, bringing these discriminatory experiences into our collective conversations. We must move beyond awareness and talk, and start to take steps toward true equality.

As so aptly expressed by the late Justice Ruth Bader Ginsburg “Real change, enduring change, happens one step at a time.” The verdict against the former officer’s illegal use of force perpetrated against George Floyd initiates an important step, but not the sole step, towards change. The Board hopes that the verdict is one step toward accountability, one step toward equality in the application of justice, one step toward addressing systemic racism and racial disparities. The proposed George Floyd Justice in Policing Act of 2021 is another potential step. 

We look forward, not only as a Commission but also as a nation, to taking the next, overdue step and working toward creating an equitable place to live, work, and play for all.

Baltimore, MD – The Maryland Commission on Civil Rights stands in solidarity with the Asian American and Pacific Islander (AAPI) community in condemning anti-Asian sentiment and any acts of racism throughout the region and the nation. In May of 2020, the Commission’s Executive Director, Alvin O. Gillard, issued a statement condemning the murder of George Floyd and the systemic racism that many people of color face in our communities. We feel troubled by these acts of racism standing in solidarity with these communities in seeking justice and equity. Moreover, these victims and their families shall remain in our thoughts and hearts. 

As the agency in State government with the statutory mission of enforcing anti-discrimination statutes preventing unlawful discrimination in the areas of employment, housing, public accommodations, and State contracts, we affirm our commitment in addressing unlawful discrimination throughout the State. This public agency remains focused and authentic in pursuing our statutory charge to represent the voices of all citizens. A critical part of MCCR’s mission includes promoting and improving the civil rights in the State. We recognize that racism has historically been cultivated by deliberate misinformation and a devaluing of the other that all who possess good will should condemn. 

As the Board of Commissioners, in partnership with the staff, we specifically recognize that COVID-19 as well as some in the past Administration have amplified the bias against and the barriers and disparities experienced by people of color and by immigrants. 

We reflect upon Edmund Burke’s quote that President John F. Kennedy and Dr. Martin Luther King, Jr., relied upon in their public speeches, “The only thing necessary for the triumph of evil, is for good men to do nothing.” The Maryland Commission on Civil Rights calls on all people of our state, and especially those who self-describe as people of “good-will”, to join us in combating unlawful discrimination in all its forms. There are opportunities for you to join with Human Relations Commissions in your counties, as well as advocacy and service organizations around the state that promote equity, inclusion, and opportunity. 

In conclusion, we encourage all Marylanders to step-up and become a part of community efforts to promote sustainable change through the dismantling of systems of oppression, neglect, and inferiority. Let us all stand as good neighbors by showing our support for the Asian Americans and Pacific Islanders in our community with some acts of kindness. We stand with you!

As Americans, what we witnessed yesterday in the nation’s capital should shake us to our cores. However, if history is our guide, it may, but just for a moment. Make no mistake – yesterday’s protest and subsequent insurrection was as much a part of the American fabric as Apple Pie and Chevrolets. It is time we bring to closure the delusional refrain, “this is not who we are”. The ugliness acted out yesterday has been a real part of who we have been as a nation, and who we continue to be. At the core of yesterday’s seditious behavior was hate, and that hate was reflective of the unaddressed pain of so many caused by their inability to accept progress and change. The Maryland Commission on Civil Rights condemns yesterday’s assault on our democracy, as well as the underlying culture of hate, racism, and bigotry that sparked it. 

For too long this nation has been fed a steady diet of hateful rhetoric, a rejection of calls for unity and inclusion, veiled whispers of group victimization, and implied approval for “acts of patriotism” which have been nothing more than acts of hate. The realities of January 6, 2021, were not an aberration; they were inevitable. 

As the independent enforcement agency of Maryland's anti-discrimination laws in the areas of employment, housing and public accommodations, the Maryland Commission on Civil Rights is committed to seeking accountability from institutions and systems to demonstrate respect for the rule of law, and for the people they are here to serve. The Maryland Commission on Civil Rights has for over ninety years promoted civil rights for all Marylanders while cautioning that hate, discrimination, intimidation and violence won’t simply go away. We have to be intentional in working to promote equity, opportunity and inclusion for all Marylanders. 

Alvin O. Gillard, Executive Director 

Gary C. Norman, J.D., L.L.M., Commission Chairperson

MCCR Continues Pursuit of Justice for Victim of Unlawful Sexual Harassment in Housing 

HAGERSTOWN, MD. – On November 23, 2020, the Circuit Court for Washington County found landlord Henry T. Piper in contempt of court for refusing to provide documentation to the Maryland Commission on Civil Rights (MCCR), for failing to pay ordered penalties and relief, and for failing to attend fair housing sensitivity training. 

The Appeal Board of the Maryland Commission on Civil Rights originally ordered Mr. Piper to pay $5,400 in monetary relief to his former tenant, as well as a $10,000 civil penalty to the State of Maryland on February 2, 2018, after it was found that he violated Maryland’s fair housing law by sexually harassing his former tenant. Previously, the Maryland Office of Administrative Hearings (OAH) had issued a similar order for relief and $5,000 in a civil penalty to the State of Maryland. 

The Commission continued to pursue court action against Mr. Piper over the last two years in the name of justice for both the complainant – who has yet to receive awarded relief for her pain and suffering as a victim of unlawful sexual harassment – as well as the people of the State of Maryland. He refused to comply with orders from OAH, the MCCR Appeal Board, and the Circuit Court of Washington County. The landlord’s willful disregard of the court’s order resulted in his incarceration for ten days, including over the Thanksgiving weekend. 

Assistant General Counsel Terrence J. Artis, who litigated this case on behalf of the Commission, affirms, “Should any person or entity be found to have violated the civil rights of any Marylander protected under the Commission’s statute, the Commission will exhaust all enforcement tools available under the law in the pursuit of justice for the complainant and people of the State of Maryland.”

MCCR represents the interest of the state to ensure equal opportunity for all through enforcement of Title 20 of the State Government Article and Title 19 of the State Finance & Procurement Article, Annotated Code of Maryland. MCCR investigates complaints of discrimination in employment, housing, public accommodations and state contracts filed by members of protected classes under federal and state law. For additional information, please contact Spencer Dove at 410-767-8576 or by email at [email protected].