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Employment Anti-Discrimination Law
“It is the policy of the State, in the exercise of its police power for the protection of the public safety, public health, and general welfare, for the maintenance of business and good government, and for the promotion of the State's trade, commerce, and manufacturers to assure all persons equal opportunity in receiving employment and in all labor management-union relations, regardless of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, military status, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment; and to that end, to prohibit discrimination in employment by any person.” State Government Article, § 20-602, Annotated Code of Maryland
What This Means
In short, it is illegal to discriminate against an applicant or employee based on protected personal characteristics. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law forbids discrimination in every aspect of employment.
This means that:
- Employers cannot discriminate in recruiting, interviewing, hiring, upgrading, setting work conditions, disciplining, or discharging.
- Labor organizations cannot deny membership to qualified persons or discriminate in apprenticeship programs.
- Employment agencies cannot discriminate in job referrals, ask discriminatory pre-employment questions, or circulate information that unlawfully limits employment.
- Newspapers and other media cannot publish job advertisements that discriminate.
Additionally, the CROWN Act (Chapters 473 & 474 of the 2020 Acts of the Maryland General Assembly) added to existing state law that race discrimination includes traits associated with race, such as hair texture, afro hairstyles, and protective hairstyles.
Harassment on the basis of a protected class (such as sexual harassment), and retaliation for filing a complaint or being involved in the investigation are both prohibited under Maryland law and enforced by MCCR.
How MCCR Can Help
If you have experienced discrimination, it is imperative that you contact our agency immediately to initiate an inquiry so that we can assist you in determining if you have been a victim of employment discrimination. Our trained Intake Staff will guide you through the intake process and, through a series of questions and interviews, help you analyze your situation to determine if the actions taken against you meet the threshold of being considered discriminatory.
The statute of limitations to file a complaint with MCCR alleging unlawful discrimination or retaliation in employment is 300 days from the date of the alleged act. If the complaint alleges unlawful harassment, the statute of limitations is 2 years from the date on which the alleged harassment occurred.
Please note that Maryland employment anti-discrimination law applies only to those employers with 15 or more employees. However, complaints alleging unlawful employment harassment can be filed against employers with 1 or more employee.
Accessibility
MCCR undertakes every effort to make all of our documents and services available and accessible to the public. For example, Video Remote Interpreting (VRI) services are available upon request for individuals with limited English proficiency, or who are deaf, deafblind, or hard of hearing. MCCR will also assist with securing an interpreter free-of-charge if requested in advance of an appointment. MCCR offices are accessible to those with mobility limitations. We welcome your request for an accommodation when utilizing MCCR's services. To request an accommodation, please contact MCCR at 410-767-8600 or [email protected].
How to File a Complaint with MCCR
If you believe you are a victim of unlawful discrimination and you wish to file a complaint, our Intake Unit is ready to assist you. The first step in MCCR's complaint process is to submit a complaint inquiry, often referred to as a Preliminary Questionnaire ("PQ").