Maryland Employment Discrimination Law
Maryland Employment Discrimination Law: Protected Traits, Process, and Damages
Maryland’s Fair Employment Practices Act (FEPA) is the primary state law protecting workers from employment discrimination, layered on top of federal protections like Title VII and the ADA. This page covers what’s protected, how to bring a claim, and what you can recover if you win. For a comparison with DC and federal law, see our full Discrimination Hub.
Who Is Covered, and What Traits Are Protected
FEPA, codified at Md. Code Ann., State Gov’t §§ 20-601 to 20-1202, generally applies to employers with 15 or more employees, though certain provisions cover employers with as few as one employee. It’s enforced by the Maryland Commission on Civil Rights (MCCR).
FEPA prohibits discrimination based on the following traits:
- Race — including, under Maryland’s CROWN Act, traits associated with race such as hair texture and protective hairstyles like braids, locs, and twists.
- Color
- Religion
- Sex — including pregnancy and related medical conditions.
- Age — Maryland protects workers 18 and older, broader than the federal ADEA, which only covers workers 40 and older.
- National Origin
- Marital Status
- Sexual Orientation — explicitly protected since 2001, well before many federal courts recognized similar protection.
- Gender Identity — added by the Fairness for All Marylanders Act of 2014.
- Disability
- Genetic Information
How to File a Maryland Discrimination Complaint
Deadline: You generally have 300 days from the discriminatory act to file a charge with the MCCR.
Administrative exhaustion is required. Unlike DC, Maryland generally requires you to exhaust the administrative process through the MCCR (or a cross-filed EEOC charge) before filing a civil lawsuit under FEPA. Filing directly in court without going through this process first can bar your claim entirely.
The intake process. You’ll generally need to complete an intake questionnaire describing the employer’s actions, your protected trait, and a timeline of events. MCCR staff will help assess whether your situation meets the threshold for a discrimination charge.
Some Maryland counties, including Montgomery County and Prince George’s County, have their own local human rights laws that may provide additional coverage or a different process, particularly relevant if your employer has fewer than 15 employees and doesn’t meet FEPA’s threshold.
What Damages Are Available
Workers who prove discrimination under FEPA may be entitled to:
- Reinstatement or a comparable position
- Back pay and front pay
- Compensatory damages, including for emotional distress
- Punitive damages, in cases involving egregious conduct
- Attorney’s fees and costs
Unlike DC, which imposes no statutory cap, Maryland’s compensatory and punitive damages under FEPA are generally capped at tiered levels mirroring Title VII, ranging from $50,000 to $300,000 depending on employer size. This is one of the more significant practical differences between bringing a claim under Maryland law versus DC law.
Related Practice Areas
Your situation may also involve one of these related areas of employment law:
Talk to a Maryland Employment Discrimination Attorney
Understanding which protected traits apply to your situation, and navigating Maryland’s administrative exhaustion requirement, is often the most important first step. Wilkenfeld Law Office can help you evaluate your options.
Or call 301.245.3035 · Intake@WilkenfeldLO.com