Sexual Harassment: What You Need to Know About “Hostile Work Environments”

Under Maryland law, a “hostile work environment” exists when an employee’s working conditions are made intolerable due to conduct or communications related to the employee’s sex (or, in some cases, another protected characteristic). Whether a work environment is hostile is judged on a case-by-case basis, taking into account all relevant facts and circumstances, and assessing an employee’s legal rights requires the insights of an experienced Maryland sexual harassment lawyer.

There are two ways to establish a sexual harassment claim under Maryland law. One way is to show that an employee was offered an employment-related benefit (or relief from an adverse employment action) in exchange for a sexual favor. This is referred to as a quid pro quo sexual harassment claim. The other way is to show that an employee has been subjected to a “hostile work environment.”

When pursuing a sexual harassment claim based on a hostile work environment, evidence of a quid pro quo is not required. In this scenario, proving a hostile work environment is enough on its own to establish a claim for damages and/or other remedies.

Understanding What Constitutes a Hostile Work Environment Under Maryland Law

For an employee’s work environment to be considered “hostile” under Maryland law, the conduct or communications involved must be sufficiently pervasive to make working in the environment “intolerable.” As a result, while no specific type or amount of harassing conduct or communication is required, employees must be able to show that working is untenable under the circumstances.

With this in mind, some examples of conduct and communications that can contribute to creating a hostile work environment include:

• Offensive verbal comments about an employee’s body, clothing or sexuality
• Offensive, insensitive or threatening emails or direct messages
• Sexual advances made verbally or in writing
• Nonconsensual touching of any form
• Staring or leering

Again, these are just examples. Depending on the circumstances, an employee may be able to file a hostile work environment claim based on a single type of harassing conduct, or on multiple forms of harassing conduct that combine to create an untenable situation.

Under Maryland law, employees can file hostile work environment claims based on conduct and communications from supervisors, managers, co-workers, private contractors, and other individuals. As a general rule, employers can be held liable for their employees’ conduct on the job and, in appropriate cases, for failing to protect their employees from harassing conduct by non-employees.

Evidence that Conduct or Communications are “Severe” or “Pervasive” is Not Required in Maryland

While federal law requires evidence that conduct or communications are “severe” or “pervasive” to substantiate a sexual harassment claim based on a hostile work environment, this is not a requirement under Maryland law. This means that employees may be able to pursue claims under Maryland law even when they are not eligible to pursue claims under Title VII of the Civil Rights Act of 1964 (Title VII). Additionally, while Title VII applies only to employers with 15 or more employees, Maryland’s anti-harassment law applies to all employers, regardless of size.

Documenting a Hostile Work Environment Claim in Maryland

For employees who believe they have been subjected to a hostile work environment, pursuing legal action starts with gathering relevant documentation. Some examples of the types of documentation that can be used to substantiate a hostile work environment claim in Maryland include:

• Emails, direct messages, text messages, and other relevant communications
• Sexually explicit photos or videos sent as attachments or links
• Any complaints filed with supervisors or human resources (HR)
• Any responses to the employee’s complaints
• A detailed “incident log” recording specific instances of improper conduct or communications

Employees considering legal action related to a potential hostile work environment should document as many incidents as possible. They should also continue to document new incidents. When taking notes, it is important to be as accurate and detailed as possible, and employees should avoid embellishing or making assumptions about motives or what might be taking place without their knowledge.

While employees should preserve any documentation they have in their possession, employees also need to be careful when copying records that belong to their employers. When you speak with a Maryland sexual harassment lawyer about your case, your lawyer will be able to walk you through everything you need to know about protecting your legal rights.

FAQs: Filing a Hostile Work Environment Claim in Maryland

How do I file a hostile work environment claim in Maryland?

Filing a hostile work environment claim in Maryland involves submitting a formal complaint to the Maryland Commission on Civil Rights (MCCR). As a general rule, employees in Maryland must file a complaint with the MCCR before suing their employer in court.

Should I file my claim under Maryland law or federal law?

Whether you should file your claim under Maryland law or federal law depends on the specific circumstances of your case. With that said, it will make sense for employees in Maryland to file their hostile work environment claims under state law in many cases. There are fewer barriers to establishing a hostile work environment claim under Maryland law; and, while Title VII only applies to employers with 15 or more employees, essentially all employers in the state are subject to Maryland’s anti-harassment law.

Should I hire a lawyer to help with my hostile work environment claim?

Yes, if you need to file a hostile work environment claim against your employer, we strongly recommend hiring an experienced lawyer to represent you. These are complex cases, and there are several important ways an experienced Maryland sexual harassment lawyer can help.

Schedule an Appointment with a Maryland Sexual Harassment Lawyer at The Law Firm of J.W. Stafford, LLC

Do you have a hostile work environment claim against your employer? Contact us to find out. To schedule an appointment with an experienced Maryland sexual harassment lawyer, call 410-514-6099 or tell us how we can reach you online now.