Under the Maryland Fair Employment Practices Act, aggrieved employees have six months from the date of an adverse action to file a claim with the Maryland Commission on Human Rights. Employees have 300 days to file a charge with the EEOC. But it is important that you do not delay in speaking to an attorney. You may have other claims with much shorter statutes of limitations and an undue delay may cause you to miss your filing deadline.
As with all legal claims, deadlines are crucial. Under the Maryland Fair Employment Practices Act, aggrieved employees have six months from the date of an adverse action to file a claim with the Maryland Commission on Human Rights. Employees have 300 days to file a charge with the EEOC. But it is important that you do not delay in speaking to an attorney. You may have other claims with much shorter statutes of limitations and an undue delay may cause you to miss your filing deadline.
What conduct is subject to workplace harassment protection?
Sexual harassment can take many forms and may include the following types of conduct:
- Unwelcome sexual advances
- Requests for sexual conduct or favors
- Any physical or verbal conduct of a sexual nature that affects a worker’s employment
What Federal Law Prohibits Sexual Harassment in the Workplace?
Sexual harassment is against the law in Maryland is prohibited as a type of sexual discrimination by Title VII of the Civil Rights Act of 1964 and also by local Maryland laws. Title VII also prohibits workplace discrimination on the basis of race, color, religion, and national origin. Title VII applies to employers with more than 15 employees.
Does Maryland Have State Laws Protecting Employees from Sexual Harassment?
The Maryland Fair Employment Practices Act, along with Article 49B of the Code of Maryland, make it illegal for employers from discriminating against employees based on the following protected statuses:
- Race
- Color
- National Origin
- Religion
- Sex
- Disability
- Marital Status
- Pregnancy
- Sexual Orientation
- Genetic Information
How Does Maryland Law Differ from Federal Anti-Discrimination and Sexual Harassment Law?
Maryland sexual harassment protections offer much broader protections than does federal law. For example:
- In Maryland, individual supervisors may be held liable if they sexually harass their employees;
- In Maryland, discrimination on the basis of an employee’s sexual orientation is explicitly against the law. Currently, federal employment law does not offer protection on the basis of sexual orientation.
How Can Victims of Sexual Harassment Be Compensated?
An employee who is found to have been the victim of sexual harassment in the workplace and may be entitled to:
- Reinstatement to his or her former position,
- A cease and desist order against the offending employer,
- Lost wages and benefits,
- Damages for possible emotional distress,
- Fees and costs of legal representation,
- Administrative fines against the employer,
- Finally, federal law permits courts to order that an employer pay punitive damages.
Are Employees Protected from Termination or Other Forms of Retaliation When Reporting Sexual Harassment or Discrimination?
Yes. Employers are prohibited from taking any retaliatory actions an employee who reports or refuses to take part in what the employee reasonably believes to be illegal sexual harassment.
Illegal retaliation may include:
- Firing or termination,
- Suspension,
- Demotion,
- Denial of leave,
- Reduction in salary,
- Or any other action that may dissuade an employee from reporting sexual harassment
