Sex Discrimination in Maryland
Sex Discrimination in Maryland: Your Rights Under State and Federal Law
Sexual Orientation and Gender Identity: Separately Protected, Not a Subset of "Sex"
In 2023, Maryland’s Supreme Court addressed this directly in Doe v. Catholic Relief Services, ruling that Maryland’s statutory definition of “sex” does not include sexual orientation, even though sexual orientation is separately and explicitly protected under Maryland law. The Court looked to the legislative history of the 2001 amendment, which added sexual orientation as its own distinct category rather than folding it into the existing “sex” protection — signaling that Maryland lawmakers understood the two as legally separate.
This differs from federal law. The U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County held that under Title VII, sex discrimination inherently includes sexual orientation and gender identity discrimination. Maryland’s own courts have reached the opposite conclusion about what “sex” means under state law — though the practical protection for Maryland workers exists either way, since sexual orientation and gender identity are independently protected.
One narrower gap worth knowing about: Maryland’s Equal Pay for Equal Work Act protects against pay discrimination based on sex and, since 2016, gender identity — but the 2023 ruling confirmed it does not extend to sexual orientation. A Maryland worker facing a sexual-orientation-based pay disparity may need to rely on FEPA’s separate sexual orientation protection, or on federal law, rather than Maryland’s Equal Pay Act specifically.
Maryland's Employer Coverage
FEPA applies to employers with 15 or more employees — the same threshold as Title VII, and narrower than DC’s 1-employee threshold.
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.
- 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 Sex Discrimination in Maryland?
Sex discrimination can include:
- Refusal to hire, promote, or fairly compensate someone because of sex
- Sexual harassment or a hostile work environment
- Discrimination based on sexual orientation or gender identity (protected as separate categories under Maryland law)
- Retaliation against an employee who reports discrimination or harassment
What Compensation Can You Recover?
Workers who successfully bring a sex 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 — narrower than the DCHRA’s uncapped damages available to DC workers.
Talk to a Maryland Sex Discrimination Attorney
Maryland’s legal framework for sex, sexual orientation, and gender identity claims has real nuance — including a 2023 state Supreme Court ruling that changes how these claims should be framed. Getting the legal theory right from the start can matter.
Or call 301.245.3035 · Intake@WilkenfeldLO.com