Age Discrimination in Maryland
Age Discrimination in Maryland:
Your Rights Under Maryland and Federal Law
If you work in Maryland, you’re protected from age discrimination under both federal law (the ADEA) and the
Maryland Fair Employment Practices Act (FEPA) — and Maryland’s law provides access to compensatory and punitive damages that the ADEA generally does not offer at all. For the general framework covering age discrimination in every jurisdiction, see our Age Discrimination page.
Maryland Law Protects More Workers Than Federal Law Does
Under the federal ADEA, protection generally starts at age 40, and only applies to employers with 20 or more
employees.
Maryland’s FEPA is broader on both counts, though not quite as broad as DC’s law:
- Age coverage: FEPA protects workers 18 and older — the same broad standard as DC, and notably wider
than the ADEA’s 40+ threshold. Younger workers facing age-based discrimination in Maryland may have a
state-law claim even without federal protection. - Employer size: FEPA applies to employers with 15 or more employees — smaller than the ADEA’s 20
employee threshold, though not as low as DC’s 1-employee threshold. If your employer has 15–19
employees, you may be covered under Maryland law but not under the ADEA.
Maryland Law Offers Damages the ADEA Doesn't Provide at All
Maryland’s FEPA does allow both:
- Compensatory damages, including for emotional distress
- Punitive damages, if the employer acted with actual malice
These are subject to a damages cap that mirrors Title VII’s tiered structure — generally ranging from $50,000 to
$300,000 depending on employer size. A 2022 bill (SB 449) proposed raising these caps, but it did not pass — it
died in a House committee — so the $50,000–$300,000 figures remain current and correct.
Local Maryland Ordinances May Offer Even Broader Protection
Some Maryland counties and cities have their own anti-discrimination ordinances that can cover smaller employers
or add protections beyond FEPA — including Montgomery County, Prince George’s County, and Baltimore City. If
you work in one of these jurisdictions, it’s worth checking whether local law gives you additional options, especially
if your employer is too small to be covered by FEPA or the ADEA.
Worth knowing: a Maryland appellate decision, Watts v. Prince George’s County (October 2025), held that the
state’s Local Government Tort Claims Act damages cap does not apply to statutory discrimination and retaliation
claims against county governments — potentially allowing for larger recoveries against county employers than
previously assumed. This decision is not yet final: the Supreme Court of Maryland granted the County’s petition for
review (now styled Prince George’s County, Maryland v. Joseph Watts) and heard oral argument on May 4, 2026.
Until the Supreme Court rules, this remains an unsettled, actively contested question, worth discussing with an
attorney if your claim involves a Maryland county government employer.
How Long Do You Have to File a Claim in Maryland?
- Administrative complaint with the Maryland Commission on Civil Rights (MCCR): generally 300
days from the discriminatory act — extended from the previous 180-day (six-month) deadline by a 2021
law aligning Maryland’s deadline with the federal EEOC deadline. - EEOC charge (for federal ADEA claims): also 300 days, since Maryland has a state agency enforcing its
own age discrimination law — both deadlines now run in parallel. - Harassment claims specifically: 2 years to file with MCCR, measured from the last incident of
harassment. - Unlike DC, Maryland generally requires you to exhaust the administrative process (file with MCCR or the
EEOC) before you can bring a civil lawsuit under FEPA. You cannot skip straight to court the way you
sometimes can in DC.
What If My Employer Is Also Covered by Federal Law?
If your Maryland employer has 20 or more employees, you may be able to pursue a claim under both the ADEA and
FEPA. In that case:
- You’ll generally need to file with the MCCR or EEOC first, since Maryland requires administrative
exhaustion for both - Complaints filed with MCCR are typically dual-filed with the EEOC automatically, preserving both
options - Pursuing a FEPA claim alongside (or instead of) an ADEA claim may be worthwhile specifically to access
compensatory and punitive damages the ADEA doesn’t offer
What Compensation Can You Recover?
Workers who successfully bring an age discrimination claim in Maryland may be entitled to:
- Reinstatement in your position
- Back pay and front pay
- Compensatory damages, including for emotional distress
- Punitive damages, if the employer acted with actual malice
- Attorney’s fees and litigation costs
Talk to a Maryland Age Discrimination Attorney
Or call 301.245.3035 · Intake@WilkenfeldLO.com