Filing a Claim with the Maryland Commission on Civil Rights (MCCR): What You Need to Know

If you have experienced discrimination, harassment or retaliation in the workplace, holding your employer accountable may involve filing a claim with the Maryland Commission on Civil Rights (MCCR). To ensure that you are making informed decisions—and to ensure that you file your claim with the MCCR before you run out of time—you will want to speak with a Maryland discrimination lawyer about your situation promptly.

Filing an Employment Discrimination or Harassment Claim with the MCCR

The MCCR handles claims involving violations of Maryland’s anti-discrimination law, which prohibits covered employers from taking adverse employment action based on an employee’s protected characteristics or membership in a protected class. It also prohibits harassment in the workplace, and it prohibits covered employers from retaliating against employees who speak up or take legal action.

There are several steps involved in filing a discrimination, harassment or retaliation claim with the MCCR. These steps include (but are not limited to):

1. Initiate an Online Inquiry with the MCCR

As the MCCR explains, “[i]f you believe you are a victim of unlawful discrimination, the first step to filing a complaint is to initiate an online inquiry.” This is also true if you believe you are a victim of harassment or retaliation. While you have the option of submitting your online inquiry yourself, you can also hire a Maryland discrimination lawyer to submit your online inquiry for you.

2. Complete an Interview with an MCCR Intake Officer

After you submit an online inquiry, you should hear from an Intake Officer at the MCCR. The Intake Officer should contact you to schedule an interview, which can take place either in person or over the phone. When you hire a Maryland discrimination lawyer to represent you, your lawyer can explain what to expect during your interview.

3. File Your Formal Complaint with the MCCR

After your interview, you should receive the documents you need to file a formal complaint with the MCCR. You have 300 days to file a formal complaint in most cases, and submitting an online inquiry does not preserve your legal rights. Here too, an experienced Maryland discrimination lawyer can help. Your lawyer can ensure that your formal complaint contains all of the information needed to present a valid claim, and your lawyer can begin preparing you for the next steps in the process.

4. Participate in the MCCR’s Investigation of Your Claim

If you file a timely and valid claim with the MCCR, the next step will be for the MCCR to conduct an investigation. Depending on the circumstances, this may involve:

• Conducting additional interviews
• Requesting documentation from you
• Requesting documentation from your employer
• Visiting your workplace

The more documentation you can provide to the MCCR during its investigation, the better. Your lawyer can help you understand what types of documentation are relevant to your claim, and your lawyer can submit this documentation to the MCCR on your behalf.

5. Participate in the Mediation and Settlement Process

If the MCCR determines that the evidence gathered during its investigation supports your claim, it will attempt to mediate a settlement between you and your employer. While accepting a mediated settlement might be in your best interests, it is imperative that you do not settle your claim too soon.

6. Prepare for Your Hearing with the Office of Administrative Hearings (OAH)

If your employer is unwilling to make a fair settlement offer, the next step will be to prepare for your hearing before the Office of Administrative Hearings (OAH). An OAH hearing is a formal legal process that requires experienced legal representation.

7. Attend Your Hearing at the OAH

When your OAH hearing date arrives, you will need to be prepared to effectively present your claim to the administrative law judge (ALJ) assigned to your case. The ALJ will hear the evidence from both sides and then it will render a binding decision.

What if You Don’t Achieve a Satisfactory Resolution Through the MCCR?

While the outcome of an OAH hearing is binding, it isn’t necessarily the last word on your discrimination, harassment or retaliation claim. If you are unable to achieve a satisfactory resolution through the MCCR claim process, your lawyer may be able to take your claim to court.

Discuss Your MCCR Claim with an Experienced Maryland Discrimination Lawyer in Confidence

Do you need to know more about filing a discrimination, harassment or retaliation claim with the MCCR? If so, we invite you to get in touch. To discuss your MCCR claim with an experienced Maryland discrimination lawyer in confidence, please call 410-514-6099 or request a consultation online today.