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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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The law is clear—women are to be given equal consideration for job openings, paid the same as a man, and treated with respect and dignity in the workplace. But the reality is that sex and gender discrimination remain all too common in the Maryland workplace, and stereotypes about physical ability, childcare, and gender roles remain all too prevalent.
At the Employment Law Center of Maryland, we are proud to represent victims of workplace sex and gender discrimination in every Maryland federal, state, and administrative court—not only advancing the cause of sex and gender equality for our clients, but for future generations to come.
If you are facing sex or gender discrimination in the workplace, contact us today for a confidential lawyer consultation.
Federal sex/gender DISCRIMINATION laws
Sex and gender discrimination are illegal in Maryland under federal, state, and local law.
The most important federal law prohibiting sex and gender discrimination in the workplace is Title VII of the Civil Rights Act of 1964 (Title VII). Under Title VII, it is illegal for an employer to "fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's [sex]." Title VII also makes it illegal for an employer to "limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's [sex]."
Title VII of the Civil Rights Act of 1964 (Title VII) makes it illegal for an employer to hire, fail to hire, fire, or segregate an employee based on their sex or gender.
Here's the rub about Title VII—this federal law only applies to employers “engaged in an industry affecting commerce who has 15 or more employees.” At the Employment Law Center of Maryland, we often advise clients with workplace sex or gender discrimination cases against smaller employees (i.e., less than 15 employees) to consider pursuing cases under local/county sex or gender discriminations laws, or under Maryland's wrongful termination common law.
Title VII of the Civil Rights Act of 1964 (Title VII) only applies to employers with at least 15 employees.
We pursue workplace sex or gender discrimination cases under Title VII in the U.S. District Court for the District of Maryland. If you need a Maryland sex or gender discrimination lawyer, contact us for a confidential lawyer consultation.
Maryland sex/gender DISCRIMINATION laws
Sex and gender discrimination in the workplace 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 [sex]," 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) sex or gender discrimination.
Maryland's Title 20 makes it illegal for an employer to discriminate against an individual because of their sex or gender.
Maryland's Title 20 also makes it illegal for an employer to retaliate against any employee for opposing (i.e., complaining of) sex or gender discrimination in the workplace.
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 sex and gender discrimination only applies to employers with at least 15 employees.
We pursue workplace sex or gender discrimination cases under Title 20 in Maryland's circuit courts. If you need a Maryland sex or gender discrimination lawyer, contact us for a confidential lawyer consultation.
LOCAL Disability DISCRIMINATION Laws
At least five Maryland counties have their own laws prohibiting sex or gender discrimination in the workplace.
The following Maryland county codes prohibit sex or gender 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 sex or gender discrimination in the workplace by employers of any size.
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Frederick County. The Frederick County Code prohibits sex or gender discrimination in the workplace by employers with at least 15 employees.
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Howard County. The Howard County Code prohibits sex or gender 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 sex or gender discrimination in the workplace by employers of any size.
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Prince George's County. The Prince George's County Code prohibits sex or gender discrimination in the workplace by employers of any size.
Some Maryland counties (e.g., Montgomery County) prohibit sex or gender 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 sex or gender discrimination case. If you need a Maryland sex or gender discrimination lawyer, contact us for a confidential lawyer consultation.
Suing for Sex/Gender DISCRIMINATION
Whether you're suing for sex/gender discrimination under federal or state laws, the procedure is largely the same. First, you'll need to file a complaint of discrimination with either the U.S. Equal Employment Opportunity Commission (EEOC) or the Maryland Commission on Civil Rights (MCCR).
If you're filing with the the U.S. Equal Employment Opportunity Commission (EEOC), you'll need to file your complaint of sex/gender discrimination within 300 days of the discriminatory act (e.g., your termination, date of an incident of discrimination). If you're filing with the Maryland Commission on Civil Rights (MCCR), you'll need to file your complaint of sex/gender discrimination within 180 days (i.e., six months) of the discriminatory act.
Complaints of sex/gender discrimination must be filed with the U.S. Equal Employment Opportunity Commission (EEOC) within 300 days.
Complaints of sex/gender discrimination must be filed with the Maryland Commission on Civil Rights (MCCR) within 180 days.
After you file your complaint of sex/gender discrimination, the agency will assign your complaint to an investigator and start an investigation. Depending on the facts of your case, the agency may attempt conciliation, or offer mediation to you and your employer, to see if the complaint can be resolved without formal legal action.
In particularly egregious cases of sex/gender discrimination, the agency may prosecute the employer before an administrative, state, or federal court. This is very rare, and unfortunately, the limited funding these agencies receive means that, for most victims of sex/gender discrimination, the agency will not be able to or willing to prosecute their case. This is why having a skilled Maryland sex/gender discrimination lawyer is critical—as they can pursue your case before any of these courts.
Once the U.S. Equal Employment Opportunity Commission (EEOC) concludes its investigation into your complaint, it will issue you a "notice of right to sue," which terminates its investigation and gives you just 90 days to file a sex/gender discrimination lawsuit in state or federal court.
Once you receive a "notice of right to sue" letter from the U.S. Equal Employment Opportunity Commission (EEOC), you must file a lawsuit in state or federal court within 90 days.
This procedure is slightly different with the Maryland Commission on Civil Rights (MCCR). Under Md. Code, State Gov't § 20-606 (Title 20), you must filed your lawsuit in state court within two years of filing your sex/gender discrimination complaint with the MCCR.
You must file your sex/gender discrimination lawsuit in state or federal court within two years of filing a complaint with the Maryland Commission on Civil Rights (MCCR).
If you're facing sex or gender discrimination in the workplace, you should contact an employment lawyer as soon as possible. A skilled Maryland sex/gender discrimination lawyer can help you file the necessary administrative and court complaints, as well as keep track of the relevant deadlines.
Blog Posts
For more on workplace sex/gender discrimination in Maryland, check out the most recent blog post by the Center team:
Helpful Links
For additional resources on sex/gender discrimination in the workplace in Maryland, check out the following helpful links:
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