MARYLAND DISABILITY DISCRIMINATION

Disability Discrimination in Maryland: Understanding Your Rights

If you work in Maryland, you’re protected from disability discrimination under both federal law (the ADA) and the Maryland Fair Employment Practices Act (FEPA), codified at Md. Code Ann., State Gov’t § 20-606. For the general framework covering disability discrimination in every jurisdiction, see our Disability Discrimination page.

Maryland's Individualized Assessment Requirement May Offer Stronger Protection Than the ADA

This is one of the most important, and least well-known, advantages Maryland workers have. Maryland regulations require covered employers to conduct an “individualized assessment” of a qualified individual’s ability to perform the essential functions of a job before denying an accommodation or taking an adverse action based on disability.

Maryland’s Court of Appeals has recognized that this individualized-assessment requirement affords stronger protection to employees than the federal “interactive process” regulation under the ADA. In practice, this means Maryland employers may face a higher bar than the ADA alone would require when evaluating whether an employee can perform a job with or without accommodation.

Recent Expansion: Accommodation Rights Now Extend to Applicants

Until a recent legislative change, Maryland’s disability accommodation duty applied only to current employees. The law has since been expanded to also require employers to reasonably accommodate the known disabilities of job applicants — not just people already on the payroll — bringing Maryland’s law into closer alignment with the ADA on this point while preserving the stronger individualized-assessment standard described above.

Maryland's Employer Coverage

Maryland’s FEPA applies to employers with 15 or more employees — the same threshold as the ADA, and narrower than DC’s 1-employee threshold. If your Maryland employer has fewer than 15 employees, FEPA’s disability discrimination and accommodation protections likely won’t apply, though it’s worth confirming whether any local county ordinance provides broader coverage.

How Long Do You Have to File a Claim in Maryland?

Administrative complaint with the Maryland Commission on Civil Rights (MCCR): generally must be filed within 300 days of the discriminatory act.
EEOC charge (for federal ADA claims): generally 300 days, since Maryland has a state agency enforcing its own anti-discrimination law.
Maryland generally requires exhausting the administrative process (MCCR or EEOC) before filing a civil lawsuit under FEPA — unlike DC, which allows filing directly in court.
Harassment claims specifically: 2 years to file with MCCR, measured from the last incident of harassment.

What Counts as Disability Discrimination in Maryland?

Disability discrimination can include:

Refusal to hire, promote, or fairly compensate someone because of a disability
Disability-based harassment that creates a hostile work environment
Denial of a reasonable accommodation without a genuine, individualized assessment and a showing of undue hardship
Retaliation against an employee who requests an accommodation or reports disability discrimination

What Compensation Can You Recover?

Workers who successfully bring a disability 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 are generally capped at levels mirroring Title VII and the ADA — ranging from $50,000 to $300,000 depending on employer size — narrower than the DCHRA’s uncapped damages available to DC workers.

Talk to a Maryland Disability Discrimination Attorney

If you have experienced disability discrimination or been denied a reasonable accommodation in Maryland, Wilkenfeld Law Office can help you understand the protections that may apply, the deadlines for bringing a claim, and your options for moving forward.

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.