§ 16-21. Employer records.

(a) In general.

Each employer subject to this subtitle must maintain a record of all requests for a lactation accommodation received by the employer.

(b) Required contents.

The record must include the following documentation:

(1) the name of the employee;

(2) the date of the initial request and of any update to the initial request;

(3) a copy of all written or digital correspondence by or on behalf of the employee and employer; and

(4) a description of how the employer resolved the request.

(c) Retention period; Inspection.

The employer must:

(1) retain the record and documentation required by this section for a period of 3 years from the date of the request for lactation accommodation; and

(2) allow the Community Relations Commission access to that record, subject to reasonable notice, to monitor compliance with the requirements of this subtitle.

(d) Affect of failure to comply.

In any matter involving an alleged violation of this subtitle, if the employer has failed to maintain or retain the record and documentation required by this section, or does not allow the Commission reasonable access to them, it will be presumed that the employer has violated this subtitle, absent clear and convincing evidence otherwise.