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Employees in Maryland who experience discrimination at work may be eligible to file a claim with the Maryland Commission on Civil Rights (MCCR). Before filing a complaint, employees must confirm their eligibility and take several additional steps to maximize their chances of success. This includes hiring an experienced Maryland discrimination lawyer.
If you are a victim of employment discrimination in Maryland, you may be eligible to file a complaint with the Maryland Commission on Civil Rights (MCCR). The MCCR is Maryland’s equivalent of the U.S. Equal Employment Opportunity Commission (EEOC), and filing a complaint with the MCCR allows eligible employees to seek damages, reinstatement, placement and/or other remedies.
5 Important Steps to Take Before Filing an Employment Discrimination Complaint in Maryland
While it is important to act promptly when you have a discrimination claim against your employer (or former employer), it is also important to make sure you are prepared for the next steps in the process. With this in mind, here are five important steps to take before filing a discrimination claim with the MCCR:
1. Make Sure You Are Eligible to File a Complaint with the MCCR
Before starting the process, you should make sure you are eligible to file a complaint with the MCCR. While the Maryland Fair Employment Practices Act (FEPA) prohibits most forms of employment-related discrimination, it only applies to employers with 15 or more employees.
But there is one notable exception: Employees can file harassment claims against all employers regardless of size. If you work for a company that has fewer than 15 employees, a Maryland discrimination lawyer at our firm can determine if you have grounds to pursue a harassment claim—or if you have other legal options available.
2. Make Sure You Know How Long You Have to File a Complaint
If you are eligible to file a complaint with the MCCR, it is critical to file it on time. If you wait too long to assert your legal rights, you won’t be able to secure the remedies you deserve.
As a general rule, employees in Maryland have 300 days to file a discrimination claim and up to two years to file a harassment claim with the MCCR. Both of these “limitation periods” run from the date of the prohibited employment practice involved. If you have experienced discrimination or harassment over a prolonged period, determining how long you have to file will require an in-depth assessment of the specific circumstances of your case. That said, in all cases, it is best to act as soon as possible.
3. Assess Your Other Options for Taking Legal Action
When assessing your eligibility to file a discrimination claim with the MCCR, it is also important to assess your other options for taking legal action. For example, in addition to filing a complaint with the MCCR, you may also be eligible to file a complaint (or “charge of discrimination”) with the EEOC. While some federal anti-discrimination laws apply only to employers with 15 or more employees (e.g., Title VII of the Civil Rights Act of 1964), others apply to all employers regardless of size (e.g., the Equal Pay Act).
4. Gather as Much Relevant Documentation as Possible
If you have grounds to file a complaint with the MCCR against your current or former employer, it will be up to you to prove that you are entitled to damages or other remedies. With this in mind, it is important to gather as much relevant documentation as possible. Some examples of documentation you should try to collect, if possible, include:
- Documentation of your employment history (i.e., employment records and pay stubs)
- Emails, letters, and other communications that are relevant to your discrimination claim
- Performance evaluations or other documents that are relevant to your discrimination claim
- A copy of the complaint you filed with your employer (if any)
- Your employer’s anti-discrimination policy
5. Seek Advice from an Experienced Maryland Discrimination Lawyer
While you are not legally required to hire a lawyer to represent you before the MCCR, working with an experienced Maryland discrimination lawyer is strongly recommended. There are several ways an experienced lawyer will be able to help, including:
- Assessing your eligibility to file a claim with the MCCR and/or the EEOC
- Determining if you have sufficient documentation to move forward
- Assisting with gathering any additional documentation needed
- Helping you decide what remedy (or remedies) to seek in your claim
- Filing your claim and representing you throughout the process
FAQs: Filing an Employment Discrimination Complaint in Maryland
What should I do if I experienced discrimination at work in Maryland?
If you experienced discrimination in the workplace, you should be sure to preserve any relevant documents you have in possession. This includes (but may not be limited to) those discussed above.
You should also take detailed notes. The more details you can record, the better. You will want to have your notes (and the documents listed above) with you when you sit down with a Maryland discrimination lawyer to discuss your case.
Can I sue my employer for discrimination in Maryland?
In most cases, employees in Maryland must pursue administrative claims against their employers before filing a discrimination lawsuit in court. For employees in the private sector, this generally involves filing a complaint with either the MCCR or the EEOC.
What are the remedies for employment discrimination in Maryland?
Employees in Maryland who have experienced workplace discrimination can seek damages for lost earnings and other losses. If desired, employees can also pursue reinstatement, placement in an appropriate position, and other appropriate job-related remedies. Employees can seek to recover their legal fees as well.
Schedule a Consultation with a Maryland Discrimination Lawyer at The Law Firm of J.W. Stafford, LLC
If you need more information about filing an employment discrimination claim in Maryland, we encourage you to get in touch. To schedule a confidential consultation with an experienced Maryland discrimination lawyer, call us at 410-514-6099 or request an appointment online today.