Hiring Discrimination in the Private Sector: What Maryland Job Applicants Need to Know

As a general rule, the anti-discrimination laws that protect employees in Maryland also protect job applicants. Employers cannot engage in discriminatory recruitment, screening and hiring practices—and, if they engage in these practices unlawfully, they can (and should) be held accountable. Learn more from an experienced Maryland employment attorney at The Law Firm of J.W. Stafford.

Prohibited Discriminatory Hiring Practices in Maryland

State and federal anti-discrimination laws prohibit discrimination in all aspects of employment. This begins when employers start looking for individuals to fill job vacancies. If an employer engages in unlawful discrimination to avoid hiring employees in a protected class, this is just as illegal as discriminating against protected employees in its current workforce.  

Under Maryland law and federal statutes such as Title VII and the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), it is unlawful for covered employers to discriminate against job applicants on the basis of several protected characteristics. These include, but are not limited to:

• Age
• Color
• Disability
• Ethnicity
• Gender identity
• Marital status
• Military status
• National origin
• Pregnancy
• Race
• Sex
• Sexual orientation

Discriminating against job applicants based on these protected characteristics can expose employers in Maryland to liability for damages and other remedies (more on this below). This includes, but is not limited to, forms of discrimination such as:

• Discriminatory Job Listings – Covered employers cannot post job listings that either explicitly or implicitly disfavor job applicants in one or more protected classes. For example, covered employers cannot specifically exclude individuals who are pregnant or over the age of 40 from eligibility.
• Discriminatory Screening Criteria – Covered employers also cannot use discriminatory screening criteria to disfavor job applicants in protected classes. For example, employers cannot impose grooming standards that effectively disqualify job applicants of certain religions.
• Discriminatory Hiring Decisions – Regardless of whether they otherwise comply with the law, covered employers cannot make discriminatory hiring decisions. This includes choosing not to hire a job applicant based on his or her race, sex, sexual orientation or any other protected characteristic.

Our Maryland Employment Attorney Explains the Potential Remedies for Job Applicants Who Experience Discriminatory Hiring Practices

Employers that engage in discriminatory hiring practices can be held accountable for violating the law. But, it is up to disadvantaged job applicants to take action. If you believe that you have experienced discrimination when applying for a job in Maryland, you should talk to an experienced employment attorney about the possibility of seeking remedies, including:

• Job Placement – If you were wrongfully denied a job opportunity, you may be entitled to placement in the job for which you applied. If you are entitled to job placement, you are also entitled to compensation, benefits and other terms of employment consistent with those offered to the company’s other workers on a non-discriminatory basis.
• Special Damages – Special damages cover the financial costs of employment-related discrimination. If you have suffered lost wages or other out-of-pocket costs, these are losses that an experienced employment attorney may be able to help you recover.
• General Damages – An experienced employment attorney may be able to help you recover general damages as well. These damages provide compensation for the emotional, psychological and other non-financial consequences of experiencing discrimination.

What To Do if You Experienced Discrimination During the Job Application Process

With all of this in mind, what should you do if you experience discrimination during the job application process in Maryland? As we just discussed, one of the first steps you should take is to consult with an experienced Maryland employment attorney. An attorney who has experience representing job applicants and employees in Maryland will be able to provide a comprehensive assessment of your legal rights and help you make informed decisions about your next steps.

If you decide to file a discrimination claim, you should be prepared to work closely with your attorney throughout the process. While your attorney will be able to handle much of the process for you, your attorney will also need you to provide information and make decisions at various steps along the way. The more you do to help, the greater your chances will be of securing the outcome you deserve.

Discuss Your Situation with an Experienced Employment Attorney in Confidence

If you need to know more about filing a claim involving discrimination during the hiring process in Maryland, we invite you to get in touch with a skilled Maryland employment attorney today. Please call 410-514-6099 or contact us online to schedule a confidential consultation at The Law Firm of J.W. Stafford.