Retaliation in the workplace—a guide for Maryland employees

Sexual harassment in the Maryland workplace is illegal—yet common.
Studies suggest that as many as 81% of women will be (or have been) sexually harassed at work (and up to 41% of men). And often, people of color and sexual or gender-minority individuals face increased instances of workplace sexual harassment. What is common to all, however, is that sexual harassment in the workplace can be stigmatizing, humiliating, and deeply traumatizing.
One of the challenges in combatting sexual harassment at work in Maryland is that very few victims come forward. A 2016 report by the U.S. Equal Employment Opportunity Commission (EEOC) found that three out of four individuals who experienced sexual harassment at work never even talked to a supervisor, manager, or union representative about the harassing conduct. At the Employment Law Center of Maryland, we understand our clients' fears of isolation, inaction, or social and professional retaliation for complaining of sexual harassment (even after the #MeToo movement rocked the status quo in 2017). But it is also our experience that workplace sexual harassment is rarely an isolated incident—and standing up against one instance of sexual harassment can help countless other victims, and prevent it from happening to others.
If you're facing workplace sexual harassment in Maryland, contact us today for a confidential consultation with a Maryland sexual harassment lawyer.
Federal Sexual Harassment laws
The primary federal law prohibiting sexual harassment at work is Title VII of the Civil Rights Act of 1964 (Title VII).
Other federal laws are sometimes implicated, such as the the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), which prohibits sexual harassment in some situations where members of the military are involved, but most federal workplace sexual harassment claims are brought under Title VII.
Title VII makes it unlawful to harass a person (an applicant or employee) because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
Under Title VII (and Maryland's sexual harassment laws), the victim and the sexual harasser can be of any sex or gender, and the victim and harasser can be the same sex or gender.
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits so called "same sex" harassment, where the victim and harasser are the same sex or gender.
One of the most common questions we get at the Employment Law Center of Maryland is when teasing, offhand comments/jokes, or relatively isolated incidents of inappropriate sexual behavior constitute illegal workplace sexual harassment. While Title VII doesn't prohibit simple teasing or offhand comments, these actions can become sexual harassment when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment action (such as being fired, demoted, or not promoted).
Title VII of the Civil Rights Act of 1964 (Title VII) doesn't prohibit simple teasing or joking of a sexual nature—but this can constitute workplace sexual harassment when:
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it is so frequent or severe that it creates a hostile or offensive work environment; or,
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when it results in an adverse employment action (such as being fired, demoted, or not promoted).
Under Title VII, a harasser doesn't necessary need to be a supervisor or co-worker; a harasser can also be a client, customer, or other non-employee.
Under Title VII of the Civil Rights Act of 1964 (Title VII), the harasser can be a co-worker, supervisor, or a non-employee (e.g., a client, customer).
At the Employment Law Center of Maryland, we file Title VII workplace sexual harassment cases in the federal U.S. District Court for the District of Maryland. Contact us today for a confidential consultation with a Maryland sexual harassment lawyer.
Maryland Sexual Harassment laws
Sexual harassment in the workplace is illegal in Maryland under Md. Code, State Gov't § 20-606 (Title 20), which is very similar to Title VII in many respects.
Like Title VII, Maryland's Title 20 states that it is unlawful to harass a person (an applicant or employee) because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Maryland's Title 20 makes prohibits workplace sexual harassment, which can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Maryland's Title 20 also makes it illegal for an employer to retaliate against any employee for opposing (i.e., complaining of) sexual harassment of themselves or another employee.
Maryland's sexual harassment laws underwent major changes in 2019 as a result (at least in part) of the #MeToo movement. Effective October 1, 2019, Maryland employers are responsible for addressing sexual and other illegal forms of harassment in the workplace.
The 2019 law expands coverage for people complaining of illegal harassment in two important ways. First, independent contractors will now be afforded the law's protections. Under Title VII, employers with fewer than 15 employees have been exempt from employment discrimination laws in the state and federal systems (though some Maryland counties have lower thresholds). Second, employers with at least one employee are now subject to the law's reach.
Lastly, employees or independent contractors who complain of harassment have a longer time period to file a charge of discrimination (now two years instead of six months), and file suit (three years instead of two).
This new law applies only to charges of discrimination under state law (not Title VII).
As of 2019, Maryland's state law prohibiting sexual harassment at work applies to employers of any size.
As of 2019, Maryland's state law prohibiting sexual harassment at work does apply to independent contractors.
As of 2019, Maryland's state law prohibiting sexual harassment at work have up to two years to file an administrative complaint with the Maryland Commission on Civil Rights (as opposed to just six months).
At the Employment Law Center of Maryland, we file workplace sexual harassment cases under Title 20 in Maryland's circuit courts. Contact us today for a confidential consultation with a Maryland sexual harassment lawyer.
LOCAL Sexual Harassment Laws
At least five Maryland counties have their own laws prohibiting sexual harassment in the workplace.

The following Maryland county codes prohibit sex or gender discrimination (and by extension, sexual harassment) 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 sexual harassment in the workplace by employers of any size.
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Frederick County. The Frederick County Code prohibits sexual harassment in the workplace by employers with at least 15 employees.
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Howard County. The Howard County Code prohibits sexual harassment 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 sexual harassment in the workplace by employers of any size.
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Prince George's County. The Prince George's County Code prohibits sexual harassment in the workplace by employers of any size.
Some Maryland counties (e.g., Montgomery County) prohibit workplace sexual harassment 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 sexual harassment case. If you need a Maryland sexual harassment lawyer, contact us for a confidential lawyer consultation.
Suing for Sexual Harassment
Whether you're suing for sexual harassment under federal or state laws, the procedure is largely the same (though some important deadlines differ). 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 workplace sexual harassment 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 sexual harassment within two years (as of 2019) of the discriminatory act.
Complaints of workplace sexual harassment must be filed with the U.S. Equal Employment Opportunity Commission (EEOC) within 300 days.
Complaints of sexual harassment at work must be filed with the Maryland Commission on Civil Rights (MCCR) within two years.
After you file your complaint of sexual harassment, 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 sexual harassment cases, 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 sexual harassment, the agency will not be able to or willing to prosecute their case. This is why having a skilled Maryland sexual harassment 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 sexual harassment 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 three years of filing your sexual harassment complaint with the MCCR.
You must file your sexual harassment lawsuit in state or federal court within three years of filing a complaint with the Maryland Commission on Civil Rights (MCCR).
If you're facing sexual harassment in the workplace, you should contact an employment lawyer as soon as possible. A skilled Maryland sexual harassment lawyer can help you file the necessary administrative and court complaints, as well as keep track of the relevant deadlines.
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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 sexual harassment in Maryland, check out our team's most recent blog post on this topic:
Helpful Links
For additional resources on sexual harassment in the Maryland workplace, 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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Md. Code, State Gov't § 20-606 (Title 20)