Race Discrimination in Maryland
Race Discrimination in Maryland: Your Rights Under State and Federal Law
If you work in Maryland, you’re protected from race discrimination under both federal law (Title VII of the Civil Rights Act) and the Maryland Fair Employment Practices Act (FEPA) — and, notably, Maryland’s law explicitly protects natural hairstyles as part of its legal definition of race.
Maryland's CROWN Act: Hairstyle Discrimination Is Race Discrimination
Unlike DC’s approach — which protects hairstyle through a separate “personal appearance” trait — Maryland’s law works by expanding the definition of race itself. This means a hairstyle discrimination claim in Maryland is brought and treated as a race discrimination claim.
Worth knowing: Montgomery County had already banned hairstyle discrimination locally since February 2020 — several months before the statewide law took effect — making it the first county in the country to do so. If you work in Montgomery County, local protections may have applied even before the state law existed.
Maryland Law's Employer Coverage
Federal law under Title VII applies to employers with 15 or more employees. Maryland’s FEPA applies to the same 15-or-more-employee threshold — narrower than DC’s 1-employee threshold, but still a meaningful state-level protection layered on top of federal law, particularly through the CROWN Act’s explicit hairstyle coverage.
Don't Overlook Section 1981
In addition to FEPA and Title VII, federal law offers another option worth knowing about: 42 U.S.C. § 1981. Unlike Title VII, it has no employer-size minimum, no requirement to file with MCCR or the EEOC first, a four-year statute of limitations, no cap on damages, and it can allow you to sue an individual supervisor directly. This can matter especially if your Maryland employer has fewer than 15 employees, or if you’re an independent contractor not otherwise covered by FEPA. See our general race discrimination page for a full breakdown of how Section 1981 compares to Title VII and FEPA.
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 Title VII claims): also 300 days, since Maryland has a state agency enforcing its own anti-discrimination law — both deadlines now run in parallel.
- Harassment claims specifically: 2 years to file with MCCR, measured from the last incident of harassment.
- 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.
What Counts as Race Discrimination in Maryland?
Race discrimination can include:
- Refusal to hire, promote, or fairly compensate someone because of race or color
- Race-based harassment that creates a hostile work environment
- Discriminatory grooming, dress code, or appearance policies targeting natural or protective hairstyles
- Retaliation against an employee who reports race discrimination or participates in an investigation
What Compensation Can You Recover?
Workers who successfully bring a race discrimination claim in Maryland may be entitled to:
- Back pay and front pay
- Reinstatement or a comparable position
- Compensatory damages, including for emotional distress
- Punitive damages, where the employer acted with actual malice or ill intent
- Attorney’s fees and costs
Note on damages: Maryland’s compensatory and punitive damages are generally capped at levels mirroring Title VII — ranging from $50,000 to $300,000 depending on employer size. This is more generous than the ADEA’s near-total lack of these damages for age claims, but not as broad as the DCHRA’s uncapped damages available to DC workers.
Talk to a Maryland Race Discrimination Attorney
Maryland’s CROWN Act protections are strong, but the state’s 300-day filing deadline is still considerably shorter than DC’s two-year court filing window — and missing it can permanently bar your claim.
Or call 301.245.3035 · Intake@WilkenfeldLO.com