Marital Status Discrimination in Maryland

Marital Status Discrimination in Maryland:
A Protection Federal Law Doesn't Offer

If you work in Maryland, you’re protected from marital status discrimination under the Maryland Fair Employment Practices Act (FEPA), codified at Md. Code Ann., State Gov’t § 20-606 — a protection federal law does not provide at all for private-sector workers. For the general framework covering marital status discrimination in every jurisdiction, see our Marital Status Discrimination overview page. This makes Maryland’s law especially important for this specific claim: unlike most other discrimination topics on this site, there’s no federal Title VII option to fall back on if FEPA doesn’t apply to your situation.

Maryland's Employer Coverage

FEPA applies to employers with 15 or more employees — narrower than DC’s 1-employee threshold. If your Maryland employer has fewer than 15 employees, FEPA’s marital status protection likely won’t apply, and unlike most other topics, there’s no federal law that would otherwise fill that gap.

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.
  • Harassment claims specifically: 2 years to file with MCCR, measured from the last incident of harassment.
  • Maryland generally requires exhausting the administrative process with MCCR before filing a civil lawsuit under FEPA — unlike DC, which allows filing directly in court.

Worth knowing: since there’s no parallel federal marital status law, an EEOC charge won’t preserve a marital status claim the way it would for a topic covered by both state and federal law. Filing with MCCR within the deadline is essential.

What Counts as Marital Status Discrimination in Maryland?

Marital status discrimination can include:
  • Refusal to hire, promote, or fairly compensate someone because of marital status
  • “No-spouse” policies that prohibit employing or supervising a spouse
  • Denying benefits available to married employees
  • Retaliation against an employee who reports marital status discrimination

What Compensation Can You Recover?

Workers who successfully bring a marital status 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

Note on damages: Maryland’s compensatory and punitive damages under FEPA are generally capped at levels mirroring Title VII — ranging from $50,000 to $300,000 depending on employer size.

Talk to a Maryland Marital Status Discrimination Attorney

Because there’s no federal backstop for this claim, getting the Maryland filing right — and on time — matters even more than usual.
Schedule a consultation

Or call 301.245.3035 · Intake@WilkenfeldLO.com

This article provides general information and is not legal advice. Contacting us does not create an attorney-client relationship.
Reviewed by Ari Wilkenfeld, Esq. (DC Bar No. 461063; MD Bar No. 9806240300). Ari has over 27 years of experience litigating in federal and state courts, and before the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Merit Systems Protection Board (MSPB), and various arbitration panels. Ari has been recognized by Esquire Magazine as “a famously determined Civil Rights lawyer” and by the New York Post as “a high powered DC Lawyer.” Last updated: August 28, 2026.
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