Employer Protection

Maryland's anti-discrimination law (Maryland Code Article 49B, Section 11) was amended when Maryland Governor Martin O'Malley signed a bill, on April 24, 2007, allowing employees claiming violations to sue in state court. Maryland's law prohibits discrimination against sexual orientation, marital status, and all ages. These are in addition to the categories of race, color, religion, ancestry, national origin, and age (over 40 years old) protected under the federal statute.

Prior to this change, most Maryland employees claiming discrimination sued in federal court under the federal anti-discrimination laws or, if they worked in certain counties, under their county's law. This was because Maryland state law did not provide a private right of action for violations of state anti-discrimination laws. Instead, employees claiming discrimination under state law were limited to filing administrative claims with the Maryland Human Relations Commission. Under the new law, which goes into effect on October 1, 2007, employees may sue in state court as well.

Employees will have three options when claiming discrimination. First, an employee still may file a complaint with the Maryland Human Relations Commission. And if the Commission finds that there is probable cause that discrimination occurred, the complainant may take the case before an administrative law judge (ALJ). The ALJ has the power to grant injunctive relief, back pay, reinstatement, and compensatory damages.

Second, when the Commission has found that an employer committed a discriminatory act but cannot reach an agreement with the employer for a remedy and elimination of the discriminatory act, the complainant may elect to have the Commission bring a civil action on the complainant's behalf. The Commission also may bring a civil action on its own behalf in this case. It may seek injunctive relief, back pay, reinstatement, and compensatory damages. If compensatory damages are sought, the Commission has the option of requesting a trial by jury; however, the jury cannot be informed of the limitations on damages (see below).

Third, a complainant may bring a civil action if 180 days have passed since filing an administrative charge or complaint under federal, state, or local law. The action may be brought in the circuit court in the county where the alleged discrimination took place. The complainant may seek the remedies available under the other options. Punitive damages are available if the employer is not a government entity or political subdivision and the court finds that the employer engaged in discrimination with actual malice. A trial by jury may be requested under this option if compensatory or punitive damages are involved.

Compensatory and punitive damages under all options are limited. They range from $50,000 to $300,000, depending on the number of employees the employer has. The courts also have the ability to award attorney's fees, expert witness fees, and costs.

Maryland Amendment Allows Discrimination Claims in State Courts