What are my rights against workplace harassment in Maryland?
1. Federal Floor. Title VII (15+ employees) and Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), establish the federal baseline.
2. State Statute & Agency. Maryland's Fair Employment Practices Act (FEPA), Md. Code Ann., State Gov't § 20-601 et seq., is enforced by the Maryland Commission on Civil Rights (MCCR). FEPA covers employers with 15 or more employees generally, but HB 679 (2019, codified at § 20-601(d)(1)(ii)) extended sexual-harassment coverage to all employers with 1 or more employees.
3. Standard for Hostile Work Environment. Maryland applies the "severe or pervasive" standard.
4. Protected Categories. Race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, genetic information, disability, and military status (§ 20-606).
5. Quid Pro Quo vs Hostile Environment. Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington v. Ellerth, 524 U.S. 742 (1998), control.
6. Employer Liability. Strict liability for supervisor harassment with tangible action; affirmative defense available otherwise.
7. Mandatory Training. Maryland has no statewide harassment-training mandate, though HB 679 requires employers with 50+ employees to file biennial sexual-harassment policy disclosures with MCCR (State Gov't § 20-1208).
8. Filing Deadline. EEOC: 300 days. MCCR: 300 days (§ 20-1004). FEPA court action: 2 years (§ 20-1013).
9. NDA Restrictions. SB 134 (2018), codified at Md. Code Ann., Lab. & Empl. § 3-715, voids any waiver of substantive or procedural rights regarding sexual-harassment claims that accrue in the future.
This is legal information, not legal advice.
- Your employer is small (1-14) and you need to invoke HB 679's expanded sexual-harassment coverage
- You are presented with a pre-employment arbitration or waiver covering sexual harassment
- Your employer has 50+ employees and you suspect they have not filed the biennial disclosure
- Md. Code Ann., State Gov't § 20-601 et seq.
- Md. Code Ann., Lab. & Empl. § 3-715
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.