What Employees Should Know About the Maryland Fair Employment Practices Act (FEPA)

The Maryland Fair Employment Practices Act (FEPA) is the primary state statute that protects employees against discrimination and harassment on the job. Employees who have claims under FEPA can file a complaint with the Maryland Commission on Civil Rights (MCCR), and they can seek back pay, front pay, and other remedies. An experienced Maryland employment lawyer can assist with taking legal action effectively before the filing deadline expires.

Employees in Maryland are entitled to several job-related protections under state and federal law. At the state level, one of the primary laws that protects employees is the Maryland Fair Employment Practices Act (FEPA). Under FEPA, covered employers are prohibited from engaging in several forms of discrimination, and FEPA protects employees from harassment as well.

If you believe that your employer may have violated your rights under FEPA, you should consult with an experienced Maryland employment lawyer promptly. While FEPA provides covered employees with clear legal rights, asserting your rights effectively can be challenging. If you have grounds to file a claim, an experienced lawyer can file your claim with the Maryland Commission on Civil Rights (MCCR), help you decide which remedies to pursue, and then fight to secure the outcome you deserve.

Are All Employers Covered Under Maryland’s FEPA?

Similar to Title VII of the Civil Rights Act of 1964 (Title VII), FEPA’s anti-discrimination provisions only apply to employers that have 15 or more employees. Specifically, an employer must have 15 or more employees, “for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.”

However, FEPA’s anti-harassment provisions apply to all employers regardless of size. If you work for a small employer, a lawyer at our firm can assess whether you are eligible to file a harassment claim under FEPA or you are eligible to seek remedies on other statutory grounds.

What Types of Employment Discrimination Are Prohibited Under FEPA?

Maryland’s FEPA prohibits covered employers from discriminating against employees based on several protected characteristics. These include:

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

Refusal to hire, demotion, reassignment, denial of opportunities or benefits, and termination are all examples of potential grounds to file a discrimination claim under FEPA. To file a claim, an employee must be able to show that the decision to take adverse employment action was based on the employee’s protected characteristic. While there may be various forms of evidence available, obtaining the evidence needed can prove challenging—and this is one of several reasons why it is important to engage an experienced Maryland employment lawyer early in the process.

What Remedies Are Available Under FEPA?

Available remedies under FEPA include back pay, front pay, and additional compensation for employees’ financial and non-financial harm resulting from their employer’s unlawful action. In appropriate cases, employees have the option of seeking placement or reinstatement as well. If you have a claim, your lawyer can assist with determining which remedy (or remedies) you should seek and calculating the damages to which you are legally entitled.

How Do I File a Claim for Employment Discrimination or Harassment in Maryland?

Employees who have discrimination and harassment claims under FEPA must take legal action by filing a complaint with the Maryland Commission on Civil Rights (MCCR). The MCCR investigates qualifying complaints and issues binding decisions through its Office of Administrative Hearings (OAH). If you are not satisfied with the outcome of your MCCR case, you may be able to take your complaint to court.

FAQs: Protecting Your Rights Under the Maryland Fair Employment Practices Act (FEPA)

How long do I have to file a complaint under Maryland’s FEPA?

In most cases, employees have 300 days to file a formal complaint with the MCCR. This 300-day limitations period runs from the date that an employer violates an employee’s rights under the statute. But, while you may have close to a year to file your claim, it is generally best to take legal action as soon as possible.

What constitutes workplace harassment under Maryland’s FEPA?

Maryland’s FEPA defines workplace harassment as either: (i) sexual harassment; or, (ii) “unwelcome and offensive conduct” based on a protected characteristic when submission to the conduct is, “made either explicitly or implicitly a term or condition of employment of an individual,” or when submission or rejection of the conduct is, “used as a basis for employment decisions affecting the individual.” If you have (or think you may have) a harassment claim against your employer, our lawyers can help you make informed decisions about your next steps.

What should I do if I am a victim of employment discrimination or harassment?

All employees in Maryland who have questions about their legal rights should consult with an experienced employment lawyer promptly. If you have grounds to take legal action, you will need to be careful to protect your legal rights, and you will want to rely on an experienced lawyer’s advice and representation throughout the process.

How Our Maryland Employment Lawyers Can Help

If you have a claim under the Maryland Fair Employment Practices Act (FEPA), what can we do to help? When you contact us, an experienced Maryland employment lawyer at our firm will:

• Provide a comprehensive assessment of your legal rights;
• Help you make informed and confident decisions about your next steps;
• File a complaint with the Maryland Commission on Civil Rights (MCCR) on your behalf;
• Attempt to negotiate a favorable resolution with your employer, if warranted; and,
• Fight to protect your rights during the MCCR process and in Maryland court, if necessary.

Schedule a Consultation with a Maryland Employment Lawyer Today

If you need to know more about protecting your legal rights as an employee in Maryland, we strongly encourage you to get in touch. To schedule a confidential initial consultation with an experienced Maryland employment lawyer at The Law Firm of J.W. Stafford, LLC, call us at 410-514-6099 or contact us online today.