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Retaliation in the workplace—a guide for Maryland employees
Retaliation in the workplace occurs when an employer punishes an employee for exercising protected rights. Laws prohibiting retaliation...
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Age discrimination in the workplace is one of the most common types of illegal employment discrimination. In the last 25 years, the number of workers age 55 and older in the American workforce has doubled, and unfounded assumptions about age and ability continue to drive age discrimination in the workplace in Maryland.
At the Employment Law Center of Maryland, we take workplace age discrimination cases across Maryland, and litigate cases before the U.S. Equal Opportunity Commission (EEOC), the Maryland Commission on Civil Rights (MCCR), as well as local equal employment opportunity and human relations commissions. If you're looking for a Maryland age discrimination lawyer near you, get in touch with us today.
Federal AGE DISCRIMINATION Law
The most important federal law prohibiting age discrimination in the workplace is the Age Discrimination in Employment Act of 1967 (the ADEA). The ADEA prohibits age discrimination in employment, and promotes the employment of older workers based on their ability—not their age.
The ADEA protects both current employees and job applicants who are age 40 and older. Because of this requirement, younger employees with "reverse" age discrimination claims should consider pursuing their claim under state or local laws (see below).
The Age Discrimination in Employment Act (ADEA) only protects workers age 40 and older.
The ADEA prohibits age discrimination in the workplace in: hiring; promotion, discharge, compensation, and terms, conditions, or privileges of employment. It applies to employers who have 20 or more employees for each working day in either the current or proceeding year. Because of this requirement, at Employment Law Center of Maryland, we often advise individuals working for smaller employers (i.e., less than 20 employees) to pursue age discrimination cases under state or local law.
The Age Discrimination in Employment Act (ADEA) only applies to employers with at least 20 employees.
Contrary to popular belief, the ADEA does not explicitly prohibit employers from asking about a job applicant's age, or taking an employment action against them (e.g., hiring or firing) as long as the employer has a bona fide occupational qualification reasonably necessary “to the normal operation of the particular business.” In other words, if the employer can show that (1) that the age-based employment requirement is reasonably necessary to the essence of the business, and (2) that an individualized approach would be pointless or impractical, the employer can hire, fire, and take other employment actions based on age. This is a narrow exception, and generally applies to the employment of firefighters and law enforcement officers. If your employer is asking for your age, and doesn't have a compelling reason for doing so, you should contact a Maryland age discrimination lawyer.
A prospective employer can ask your age on a job application, but only if they have a compelling lawful purpose for needing that information (i.e., safety).
In Feldman v. Nassau County, 434 F.3d 177 (2d Cir. 2006), the court ruled that states can discriminate based on age with respect to the hiring and firing of firefighters or law enforcement officers.
At the Employment Law Center of Maryland, we file workplace age discrimination cases under the Age Discrimination in Employment Act (ADEA) in the federal U.S. District Court for the District of Maryland. Contact us for a confidential consultation with a Maryland age discrimination lawyer today.
MARYLAND AGE DISCRIMINATION LAWS
The state law prohibiting age discrimination in the workplace is Md. Code, State Gov't § 20-606 (known as Title 20). Title 20 states that "[a]n employer may not fail or refuse to hire, discharge, or otherwise discriminate against any individual with respect to the individual's compensation, terms, conditions, or privileges of employment” or “limit, segregate, or classify its employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual's employment status” because of the individual's age.
Importantly, Maryland's Title 20 does not have a minimum age requirement to bring a claim of age discrimination in the workplace, unlike the ADEA. If you are a younger (i.e., 39 or younger) Maryland worker with a "reverse" age discrimination claim, a Maryland age discrimination lawyer may recommend that you pursue your claim under state or local laws rather than the ADEA.
Unlike the ADEA, Title 20 has no minimum age requirement to bring an age discrimination in the workplace claim.
Title 20 only applies to Maryland employers that have 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. Title 20 also allows age discrimination in the workplace claims to be brought against the Maryland state government.
Title 20 only applies to employers with at least 15 employees.
Like the ADEA, Maryland's Title 20 has a an exception for bona fide occupational qualifications "reasonably necessary" to the normal operation of a business or enterprise—meaning Maryland employers may engage in age discrimination in certain circumstances. If you think your employer is asking into your age without a bona fide justification, you should contact a Maryland age discrimination lawyer immediately.
local AGE DISCRIMINATION LAWS
A number of Maryland counties have enacted their own workplace age discrimination laws, including the counties highlighted below.
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Local Maryland ordinances prohibiting age discrimination in the workplace include:
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Baltimore City. The Baltimore City Code prohibits age discrimination in the workplace by employers with at least 15 employees.
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Baltimore County. The Baltimore County Code prohibits age discrimination in the workplace by employers with at least 1 employee.
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Frederick County. The Frederick County Code prohibits age discrimination in the workplace by employers with at least 15 employees.
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Harford County. The Harford County Code prohibits age discrimination in the workplace by employers with at least 5 employees.
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Howard County. The Howard County Code prohibits age discrimination in the workplace by employers with at least 5 employees.
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Montgomery County. The Montgomery County Code prohibits age discrimination in the workplace by employers with at least 1 employee.
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Prince George's County. The Prince George's County Code prohibits age discrimination in the workplace by employers with at least 1 employee.
If you're facing age discrimination in the workplace, it's important to speak with a Maryland age discrimination lawyer who can determine which federal, state, or local laws may apply to you.
How do I sue for Age Discrimination?
Suing for age discrimination in the workplace in Maryland requires you to comply with strict deadlines. A skilled Maryland age discrimination lawyer will help you file the necessary complaints and keep track of the relevant deadlines.
Under the Age Discrimination in Employment Act (ADEA), you must file an administrative complaint of age discrimination in the workplace with the U.S. Equal Employment Opportunity Commission (EEOC) before filing a lawsuit in court, and you must file your administrative complaint of age discrimination in the workplace within 300 days of the discriminatory act (e.g., your firing).
However, unlike most other employment laws, you can file an age discrimination in the workplace lawsuit in court any time after 60 days have passed from the day you filed your administrative complaint. If the EEOC issues you a notice that it has concluded its investigation into your administrative complaint, you must file your age discrimination in the workplace lawsuit in court within 90 days of receiving the notice.
In Maryland, you must file an administrative complaint of age discrimination in the workplace with the EEOC within 300 days of the discriminatory act.
You can file an age discrimination lawsuit in court 60 days after you file your EEOC administrative complaint.
If you receive a "notice of right to sue" from the EEOC, you must file your age discrimination in the workplace lawsuit in court within 90 days of receiving the notice.
Under Maryland's Title 20, you must file an administrative complaint of age discrimination in the workplace with the Maryland Commission on Civil Rights (MCCR), the EEOC, or a local/county human relations commission within 180 days of the discriminatory act. Once 180 days have passed since you filed your administrative complaint, you can file an age discrimination lawsuit in a Maryland circuit court.
Under Title 20, you must wait 180 days after filing your MCCR administrative complaint of age discrimination in the workplace to file a lawsuit in court.
It's important to note that the damages you can receive for age discrimination in the workplace are different under the Age Discrimination and Employment Act (ADEA) and Maryland's Title 20—and generally your options are better under Title 20 or a local/county law. For example, under Title 20, you can be awarded compensatory damages, back pay and interest on back pay, and “any other equitable relief the complainant is entitled to recover under any other provision of the law.”
At the outset of any age discrimination in the workplace case, it's important that you speak with a Maryland age discrimination lawyer who can assess which federal, state, or local laws are most favorable for you and your case.
Blog Posts
For more on workplace age discrimination in Maryland, check out the most recent blog post on this topic by the Center team:
Helpful Links
For additional resources on age discrimination in the workplace in Maryland, check out the following helpful links:
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