What Are Maryland’s Protected Traits for Employment Discrimination Claims?

Maryland law prohibits employment discrimination based on several protected traits. While the law generally applies to employers with 15 or more employees, all Maryland employees can pursue harassment claims based on protected traits (e.g., racial harassment or sexual harassment). Employees who have claims can hire a Maryland discrimination lawyer to take appropriate legal action on their behalf.

As an employee, you are entitled to be treated fairly in all aspects of your employment. You are entitled to be fairly compensated for the work you perform, and you are entitled to be treated equally amongst your coworkers.

Unfortunately, this doesn’t always happen.

Despite the protections afforded to employees in Maryland, employment discrimination remains common. If you have experienced discrimination at work, you may be entitled to damages (or other remedies), and you should consult with a Maryland discrimination lawyer about your legal rights.

When Can Employees in Maryland File Employment Discrimination Claims?

Like other states, Maryland prohibits discrimination in employment based on several protected traits. Under Section 20-606(a) of the Maryland Statutes, it is unlawful for any employer with 15 or more employees to discriminate on the basis of:

• Age
• Color
• Disability
• Gender identity
• Genetic information
• Marital status
• Military status
• National origin
• Race
• Religion
• Sex
• Sexual orientation

Under Maryland’s CROWN Act, race discrimination includes discrimination based on hair texture and certain hairstyles. Maryland law also prohibits employment discrimination based on pregnancy and certain pregnancy-related conditions.

While Maryland’s prohibitions on employment discrimination generally only apply to employers with 15 or more employees, all employees have the right to file harassment claims under Maryland law. If you have experienced harassment based on your race, sex, or any other protected trait, you may be entitled to just compensation.

Are Employees in Maryland Also Protected Under Federal Law?

Along with the state-law protections discussed above, Maryland employees also have various federal protections. Like Maryland’s anti-discrimination law, most federal anti-discrimination laws apply only to employers with 15 or more employees. However, there are some exceptions.

For example, the Equal Pay Act applies to all employers regardless of size. The Equal Pay Act applies specifically to sex-based pay discrimination, and it generally requires equal pay for substantially equal work.

How Do I Prove that I Experienced Discrimination Based on a Protected Trait?

If you experienced discrimination based on a protected trait in your employment, holding your employer accountable starts with gathering the evidence you need. Several forms of evidence can be used to prove employment discrimination, including (but not limited to):

• Any relevant text messages, emails, and other communications
• Your complaint(s) filed with your employer (if any)
• Your employment records
• Your employer’s discrimination policy

Along with gathering any evidence you already have in your possession, you should also take detailed notes. Write down all relevant occurrences, including the timeline, and note the names of all personnel involved and any potential witnesses (i.e., coworkers who are aware of what occurred).

FAQs: Filing an Employment Discrimination Claim in Maryland

How do I file an employment discrimination complaint in Maryland?

Filing an employment discrimination complaint in Maryland typically involves going to either the Maryland Commission on Civil Rights (MCCR) or the U.S. Equal Employment Opportunity Commission (EEOC). In some circumstances, employees can also file employment discrimination complaints in court. Once you hire a Maryland discrimination lawyer to represent you, your lawyer will be able to determine what you need to do in order to assert your legal rights.

What if I work for a small company that has fewer than 15 employees?

Unfortunately, most anti-discrimination protections in Maryland apply only to individuals who work for employers with 15 or more employees. However, employees at small companies can still file complaints in some cases. For example, if you have an equal pay claim or the discrimination you experienced amounts to harassment under state law, a Maryland discrimination lawyer may be able to help you take legal action. Additionally, some counties have local laws that provide additional protections for small-business employees.  

What are the remedies for employment discrimination in Maryland?

Employees (and former employees) who have employment discrimination claims in Maryland can seek various remedies. Potential damages in employment discrimination cases include compensation for back pay, front pay, lost benefits, emotional distress, and other financial and non-financial losses. When desired, victims of employment discrimination can seek reinstatement, placement, and other job-related remedies as well.

How The Law Firm of J.W. Stafford, LLC Can Help

At The Law Firm of J.W. Stafford, LLC, we are committed to protecting employees’ rights in Maryland. If you have experienced discrimination at work, our lawyers can:

• Assess Your Legal Rights – We can provide a comprehensive assessment of your legal rights under all applicable anti-discrimination laws. This will help you make informed, confident decisions about your next steps.
• Assist with Gathering Evidence of Discrimination – If you have grounds to file a discrimination complaint and you decide to move forward, our lawyers will assist with gathering the evidence needed to prove that you are a victim.
• File a Discrimination Complaint on Your Behalf – After gathering the evidence we need, we will file a discrimination complaint on your behalf. As discussed above, this may involve filing a complaint with the MCCR or EEOC, or filing a lawsuit in court.
• Seek the Remedies You Deserve – As your legal counsel, we will fight to secure the full remedies you deserve. We have decades of experience representing employees in Maryland, and we will use that experience to protect your legal rights by all available means.

Speak with an Experienced Maryland Discrimination Lawyer in Confidence

If you would like to speak with a Maryland discrimination lawyer at The Law Firm of J.W. Stafford, LLC, we invite you to get in touch. To schedule a confidential initial consultation, call 410-514-6099 or contact us online today.