Retaliation in the workplace—a guide for Maryland employees

Workplace race discrimination involves treating a Maryland employee or job applicant unfavorably because they are of a certain race or because of personal characteristics associated with race (such as their hair texture, skin color, or certain facial features).
A related concept, workplace color discrimination, involves treating a Maryland employee or job applicant unfavorably because of their skin color or complexion.
Workplace race discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color. Contrary to popular knowledge, workplace race discrimination can occur when the victim and the person who inflicted the discrimination are the same race or color.
At the Employment Law Center of Maryland, we are proud to represent victims of workplace race discrimination in every Maryland federal, state, and administrative court—combatting racism in the workplace and advancing the cause of racial equality for our clients, but also future generations to come.
If you are facing workplace race discrimination, contact us today for a confidential consultation with a Maryland race discrimination lawyer.
Federal Race DISCRIMINATION laws
There are two important federal laws prohibiting workplace race discrimination. The first is Title VII of the Civil Rights Act of 1964 (Title VII). The second is the Civil Rights Act of 1866 (known as Section 1981). Let's talk about each in turn.
Title VII applies to Maryland employers who have at least 15 employees (this does not include independent contractors).
Title VII of the Civil Rights Act of 1964 (Title VII) only applies to Maryland employers with at least 15 employees.
Title VII prohibits a variety of discriminatory employment actions—if they are based in part on race or color. These include racially discriminatory actions in:
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hiring;
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terminations (i.e., firings or layoffs);
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transfers;
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demotions;
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negative referrals to a prospective employer; and,
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harassment.
While many individuals and employers are familiar with Title VII, they may be less familiar with the Civil Rights Act of 1866 (Section 1981). Like Title VII, Section 1981 protects Maryland employees from discriminatory employment decisions based on race. However, there are some important differences between the two federal laws, including:
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Section 1981 only protects against race discrimination (whereas Title VII protects against other types of discrimination, like sex discrimination);
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Section 1981 covers all private employers, regardless of the number of employees;
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Section 1981 contains no statute of limitations (however, Maryland's two-year statute of limitations applies)
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Under Section 1981, you do not need to file an administrative complaint of workplace race discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) before you file a lawsuit in federal court.
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Section 1981 only applies in cases where the employer is charged with intentional discrimination; and,
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Section 1981 does not provide a statutory cap to its punitive damage awards.
The Civil Rights Act of 1866 (Section 1981) applies to Maryland employers of any size.
The Civil Rights Act of 1866 (Section 1981) itself has no statute of limitations (but Maryland's two-year statute of limitations does apply).
At the Employment Law Center of Maryland, we file workplace race discrimination cases in the U.S. Federal District Court for the District of Maryland. If you need to speak with a Maryland race discrimination lawyer, contact us today for a confidential lawyer consultation.
Maryland Race DISCRIMINATION laws
Workplace race and color discrimination is illegal in Maryland under Md. Code, State Gov't § 20-606 (Title 20).
Similarly to Title VII, Maryland's Title 20 states that a Maryland 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 because of [race] [or] [color]," and further states than a Maryland employer may not "discriminate or retaliate against any of its employees or applicants for employment" because they oppose (i.e., complain of) race discrimination at work.
Maryland's Title 20 makes it illegal for an employer to discriminate against an individual because of their race or color.
Maryland's Title 20 also makes it illegal for an employer to retaliate against any employee for opposing (i.e., complaining of) race discrimination at work.
Like Title VII, Title 20 only applies to employers "engaged in business or industry that employs at least 15 employees."
Maryland's Title 20's prohibitions on workplace race discrimination only applies to employers with at least 15 employees.
At the Employment Law Center of Maryland, we pursue workplace race discrimination cases under Title 20 in Maryland's circuit courts. If you need a Maryland race discrimination lawyer, contact us for a confidential lawyer consultation.
LOCAL Race DISCRIMINATION Laws
At least five Maryland counties have their own laws prohibiting race discrimination in the workplace.

The following Maryland county codes prohibit race-based discrimination in the workplace, and allow for discrimination lawsuits to be filed charging violations of county fair-employment statutes or codes:
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Baltimore County. The Baltimore County Code prohibits race discrimination in the workplace by employers of any size.
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Frederick County. The Frederick County Code prohibits race discrimination in the workplace by employers with at least 15 employees.
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Howard County. The Howard County Code prohibits race discrimination in the workplace by employers with at least 5 employees.
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Montgomery County. The Montgomery County Code (specifically, the Human Relations Law) prohibits race discrimination in the workplace by employers of any size.
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Prince George's County. The Prince George's County Code prohibits race discrimination in the workplace by employers of any size.
Some Maryland counties (e.g., Montgomery County) prohibit race discrimination in the workplace by employers of any size—unlike federal or state law.
At the Employment Law Center of Maryland, we consider federal, state, and county laws in assessing every workplace race discrimination case. If you need a Maryland race discrimination lawyer, contact us for a confidential lawyer consultation.
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What is an example of age discrimination in the workplace?Age discrimination in the workplace generally takes one of three forms: direct age discrimination, indirect age discrimination, and harassment age discrimination. Direct age discrimination occurs when an employer treats you differently than another person who is in a similar situation as you, but is a different age (usually, younger). Examples of direct age discrimination would be rejecting job applications from older applicants, denying promotion opportunities to older workers, or denying employment benefits (e.g., trainings or other job perks) to older workers. Direct age discrimination's most common example is an employer firing an older, more experienced worker, to hire a younger, cheaper, less-experienced worker. Indirect age discrimination in the workplace occurs when a company's policies or practices operate in such a way as to disadvantage people in certain age groups. For example, if an organization requires that only individuals with a master's degree are eligible for an employment benefit, this could disadvantage younger workers who are less likely to have a post-graduate degree. Lastly, harassment age discrimination in the workplace occurs when employers or co-workers humiliate or degrade you because of your age. Comments about someone being "over the hill," "ancient," or "retirement age" are examples of harassment age discrimination. Harassment age discrimination claims are common in many workplaces, but can be difficult to prove, because you may need to show that your employer knew about the harassment, but did nothing to prevent or stop the age discrimination harassment. If you're unsure whether you've been a victim of age discrimination in the workplace, you should contact an age discrimination lawyer near you.
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What is considered workplace age discrimination?Workplace age discrimination occurs when an employer treats an employee or job applicant more or less favorably because of their age. But not all age discrimination is illegal. Under both the Age Discrimination in Employment Act (ADEA) and Maryland's Title 20, an exception exists for employers who discriminate based on age when age is an essential part of a particular job. This is known as a "bona fide occupational qualification," and is a very narrow exception. To use this exception, an employer must be able to sow that the age discrimination is required for the job to be performed safely and properly. For example, states are generally allowed to discriminate on the basis of age when it comes to hiring firefighters and law enforcement officers. If you're unsure whether you're a victim of workplace age discrimination, contact a Maryland age discrimination lawyernear you.
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Can I be fired or not hired because a younger employee costs less?There's no clear-cut rule when it comes to hiring younger, cheaper workers. Companies often make hiring decisions based on wage or salary history (e.g., a less experienced worker may be asking for a lower salary), and this is not illegal age discrimination. However, basing hiring or firing decisions solely on age is illegal age discrimination if the employer cannot show a reasonable justification for the employment action. For example, if an employer terminates older workers to avoid paying them their benefits, pensions, etc., this runs afoul of the 1990 Older Workers Benefit Protection Act (OWBPA). Whether a hiring or firing decision constitutes illegal age discrimination in the workplace is different in every situation, and you should contact a Maryland age discrimination lawyer near you to discuss the specifics of your case.
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Can an employer ask my age on a job application?Yes, a Maryland employer can ask your age on a job application; however, there are strict limits on when a Maryland employer can ask for your age on a job application, as well as how an employer can use that information. While federal and state age discrimination laws do not technically prohibit prospective Maryland employers from asking about your age, they must have a lawful purpose for doing so. This could include: Completing a background check Enforcing a lawful minimum age requirement for a position (for example, states can discriminate based on age when it comes to firefighters and law enforcement officers) Under both the Age Discrimination in Employment Act (ADEA) and Maryland's Title 20, a prospective employer can discriminate based on (and ask about) age if they can demonstrate 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. This is known as the "bona fide business qualification" exception, and applies in cases where age is highly relevant to the position. While it's not strictly necessary, smart employers tend to, at a minimum, keep your age or other demographic data separate from the information used to evaluate your job application. Regardless, asking a job applicant's age is always risky for an employer. If you're not sure whether a prospective employer engaged in age discrimination in the workplace, contact a Maryland age discrimination lawyer near you.
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Can my employer make me retire?Generally, no, your employer cannot make you retire. Under the Age Discrimination in Employment Act (ADEA), workers age 40 or older are protected from workplace age discrimination, which includes requiring employees to retire upon meeting a specific age. However, there are exceptions to the ADEA's protections, as well as Maryland's Title 20's similar age discrimination protections. A Maryland employer may discriminate based on age if they can show a "bona fide occupational qualification" reasonably necessary “to the normal operation of the particular business.” In order to demonstrate a bona fide occupational qualification, the employer must demonstrate (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. This exception is often used by states for the hiring, firing, and compulsory retirement of firefighters and law enforcement officers. If you've been forced to retire, and you're concerned about illegal age discrimination in the workplace, contact a Maryland age discrimination lawyer near you.
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Can you sue for age discrimination in the workplace?Yes. You can sue a current, former, or prospective Maryland employer for age discrimination in the workplace. There are a variety of federal, state, and local/county laws that prohibit age discrimination at work in Maryland. The Age Discrimination in Employment Act (ADEA) protects workers age 40 and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, and terms, conditions, or privileges of employment. Md. Code, State Gov't § 20-606 (Title 20) also prohibits Maryland employers from discriminating on the basis of age. Further, the following Maryland counties/cities have age discrimination in the workplace statutes in place: Baltimore County Baltimore City Frederick County Harford County Howard County Montgomery County Prince George's County Suing an employer for age discrimination in the workplace requires you to comply with strict filing requirements and timelines. A Maryland age discrimination lawyer near you will help you file the appropriate documents, as well as keep track of the relevant deadlines.
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How do I sue my employer for workplace age discrimination?To sue your Maryland employer for age discrimination in the workplace, you'll need to (1) file an administrative complaint and (2) file a lawsuit in a Maryland circuit court. Under both the Age Discrimination in Employment Act (ADEA) and Md. Code, State Gov't § 20-606 (Title 20), you need to "administratively exhaust" your age discrimination in the workplace claim before you can file a lawsuit in court. This means that you'll need to file an administrative complaint with one or both agencies, and wait either 60 or 180 days (depending on which agency you file with) for them to investigate your age discrimination in the workplace complaint. Once the requisite time has passed, or the agency has completed its investigation and issued you a "notice of right to sue," you have 90 days to file an age discrimination in the workplace lawsuit in either federal District Court for the District of Maryland or a Maryland circuit court. Suing an employer for age discrimination in the workplace is a complicated, lengthy process. A Maryland age discrimination lawyer near you will help you file the appropriate complaints, as well as keep track of the relevant deadlines.
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What is the average settlement for age discrimination?The average settlement for age discrimination in the workplace lawsuits in Maryland can range from the tens of thousands of dollars to hundreds of thousands of dollars—but every case is different. A 2010 study done by Lawyers for Civil Justice found that an average out of court settlement for age discrimination in the workplace is about $40,000, and that approximately 10% of cases resulted in a settlement of at least $1 million. As you can see, this is a wide range. The following factors tend to influence the settlement amount of an age discrimination in the workplace case: The facts of the case (e.g., was the discrimination particularly outrageous or egregious?) The evidence available (documents, text messages, emails, etc.) Your credibility The skill and work ethic of your age discrimination lawyer At the Employment Law Center of Maryland, we litigate every single age discrimination in the workplace case as if it's going to trial, putting our clients in the strongest possible position to settle or win their case.
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What are the criteria for age discrimination in the workplace?In a Maryland age discrimination in the workplace case, an employee must generally show the following criteria (or "elements" of the age discrimination claim): That he or she was within the protected class of age forty or over (under the Age Discrimination in Employment Act; this does not apply to state law claims under Title 20); That he or she was performing his job to the employer's legitimate expectations; That he or she was discharged (i.e., fired); and That the employer replaced him or her with someone substantially younger or treated someone more favorably who is substantially younger, or provide other evidence that indicates that it is more likely than not that his or her age was the reason for the adverse employment action. These criteria are slightly different depending the facts of each particular case, as well as whether the case is brought under federal, state, or local law. A Maryland age discrimination lawyer near you can help you identify which criteria apply to your particular case.
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How do you prove age discrimination in firing?Age discrimination in the workplace claims are civil claims—meaning that they are subject to civil "discovery" procedures allowing for the review of documents, deposition of witnesses, and subpoena of other evidence. Generally, an experienced age discrimination lawyer will seek to obtain a great deal of employee data to show the disparate treatment of his or her client, including: the number of employees over age 40 employed by the employer; the number of employees over age 40 in supervisory or management positions with the employer; the salary range for the relevant job category; the average salaries of employees under age 40 and those over age 40 at the employer; and, the average starting salary of an employee over age 40 and of an employee under age 40 in each job category. In addition, an experienced age discrimination lawyer will request documents, interview and/or depose witnesses, and force the employer to testify under oath regarding the age discrimination in the workplace.
Blog Posts
For more on workplace race discrimination in Maryland, check out our team's most recent blog post on this topic:
Helpful Links
For additional resources on race discrimination in the workplace in Maryland, check out the following helpful links:
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Title VII of the Civil Rights Act of 1964 (Title VII)
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Section 1981 of the Civil Rights Act of 1866 (Section 1981)
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The Maryland Human Relations Act (Title 20).