Can I File a Discrimination Claim if My Company Has Less Than 15 Employees?

If you have questions about filing a discrimination claim and have been researching your legal rights online, you may have come across references to laws that protect workers at companies with 15 or more employees. So, what if you work for a company that has less than 15 employees? Can you hire a Maryland employment lawyer to file a discrimination claim? Or are you simply stuck with the circumstances you’ve been dealt?

The short answer is, “It depends.”

Many federal employment discrimination laws only apply to companies with 15 or more employees. Maryland’s employment discrimination law only applies to companies with 15 or more employees as well. But, there are also relevant state and federal laws that apply to smaller employers—and whether you can file a claim under one of these laws depends on your specific circumstances.

Federal Anti-Discrimination Laws that Protect Employees at Smaller Companies

Several of the most well-known federal anti-discrimination laws only apply to larger companies. These include Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA), among others. But, there are laws that protect employees at smaller companies, too.

While these laws do not protect employees in all protected classes in all circumstances, when they apply, they give covered employees clear legal rights. With this in mind, some examples of federal laws that protect employees at smaller companies include:

• Equal Pay Act – The Equal Pay Act requires employers to pay men and women equally for substantially equal work. While the jobs in question must be similar, employees do not have to have identical job titles or job responsibilities for the law to apply.
• Immigration Reform and Control Act (IRCA) – The IRCA prohibits discrimination in employment based on national origin or immigration status. It applies to companies with four or more employees.
• Fair Labor Standards Act (FLSA) – The FLSA establishes minimum wage and overtime requirements, and it applies to all but the very smallest employers. If an employer fails to pay minimum wage or overtime on a discriminatory basis, employees may be eligible to file an FLSA claim even if they aren’t protected under other federal laws.
• Occupational Safety and Health Act (OSHA) – The OSHA applies to most companies as well. Similar to the FLSA, while OSHA isn’t necessarily an anti-discrimination statute, if employers violate it in a discriminatory manner (i.e., by providing safer working conditions to some employees than others), affected employees can—and should—file a claim.

If you have experienced discrimination in the workplace and have questions about whether you can file a claim, your next step should be to consult with a Maryland employment lawyer. An experienced lawyer who is familiar with these federal laws (among others) will be able to help you make an informed decision about taking legal action.

Employment Harassment Claims Under Maryland Law

While many states have adopted employment discrimination laws that apply regardless of a company’s size, Maryland has not. Maryland’s anti-discrimination law only applies to employers with 15 or more employees.

But, Maryland’s anti-harassment law does apply to all companies regardless of size. If you have experienced harassment in the workplace based on your membership in a protected class, you may be eligible to file a complaint with the Maryland Commission on Civil Rights (MCCR) even if you are your company’s only employee. The MCCR handles harassment claims involving the following protected characteristics:

• Age
• Ancestry
• Color
• Disability
• Gender Identity
• Genetic Information
• Marital Status
• National Origin
• Race
• Religion
• Sex
• Sexual Orientation

What is the difference between a discrimination claim and a harassment claim? The answer to this question isn’t always clear—and harassment cases necessarily involve elements of discrimination. Generally speaking, however, harassment claims involve either:

• Hostile Work Environment – If you have been subjected to persistent, repeated or severe discriminatory acts in the workplace, you may have a harassment claim based on a “hostile work environment.”
• Quid Pro Quo – If you experienced an adverse employment action after refusing to consent to sexual activity with a superior, you may have a sexual harassment claim based on a request for a “quid pro quo.”

Discuss Your Legal Rights with a Maryland Employment Lawyer in Confidence

Due to the complexity of the law, we strongly recommend speaking with a lawyer if you have experienced any form of discrimination or harassment in the workplace. To speak with a Maryland employment lawyer at The Law Firm of J.W. Stafford in confidence, please call 410-514-6099 or request an appointment online today.