Quick Answer
Learn about Maryland's anti-discrimination protections under the Fair Employment Practices Act covering race, sex, age, disability, religion, and more.
Bottom Line: Maryland offers stronger anti-discrimination protections than federal law. The Maryland Fair Employment Practices Act (FEPA) covers more protected classes than Title VII—including sexual orientation and gender identity—and protects workers from age discrimination starting at age 18, not 40. If you experience discrimination in Maryland, you have six months to file a complaint with the state agency. Acting quickly protects your rights.
This guide explains who Maryland law protects, how state and federal law compare, and what steps to take if you face discrimination at work.
What Is Workplace Discrimination in Maryland?
Maryland workplace discrimination happens when an employer treats you unfairly because of a characteristic protected by law. It can affect any part of your employment, including:
- Hiring and firing decisions based on your race, religion, sex, or other protected traits
- Pay disparities for the same work performed by employees of different backgrounds
- Denied promotions or training opportunities tied to a protected characteristic
- Harassment that creates a hostile work environment
- Retaliation for reporting discrimination or participating in a complaint investigation
Maryland's primary anti-discrimination law is the Fair Employment Practices Act (FEPA), codified at State Government Article § 20-601 et seq. The Maryland Commission on Civil Rights (MCCR) enforces FEPA at the state level.
For a broader overview of how state and federal discrimination law work together, see our guide on workplace discrimination.
Protected Classes Under Maryland FEPA
Maryland law explicitly prohibits discrimination based on the following characteristics:
- Race
- Color
- Religion
- Sex (including pregnancy, childbirth, and related conditions)
- Age (applies to workers 18 and older—significantly broader than federal law)
- National origin
- Marital status
- Sexual orientation
- Gender identity
- Disability
- Genetic information
This list is broader than what federal Title VII covers. In particular, sexual orientation and gender identity are explicit protected classes under Maryland law. Workers in states like Texas lack this explicit state-level protection. In Maryland, you do not need to rely solely on the U.S. Supreme Court's Bostock v. Clayton County (2020) ruling—state law independently protects you.
The age protection is another critical difference. Federal law (the Age Discrimination in Employment Act, or ADEA) only protects workers 40 and older. Maryland FEPA protects workers from age-based discrimination beginning at age 18. A 25-year-old passed over for a promotion because management wanted someone older has a viable claim under state law.
Who Maryland's Anti-Discrimination Law Covers
Employer Coverage
Maryland FEPA applies to employers with 15 or more employees. This matches the threshold for federal Title VII coverage.
The law applies to:
- Private employers with 15+ employees
- State and local government agencies
- Labor organizations
- Employment agencies
If your employer has fewer than 15 employees, your options narrow significantly at both the state and federal level. However, you should still consult an employment attorney, as other laws may apply depending on your situation.
Employees and Applicants
Both current employees and job applicants are protected. The law covers the full employment relationship, from the hiring process through termination.
Independent Contractors
Maryland FEPA, like federal law, generally does not cover independent contractors. Whether you are truly an independent contractor or misclassified as one matters. If your employer controls how and when you perform your work, you may be an employee for legal purposes even if your paperwork says otherwise.
Maryland FEPA vs. Federal Title VII: Side-by-Side Comparison
Understanding how Maryland law differs from federal law helps you identify which protections apply to your situation.
| Feature | Maryland FEPA | Federal Title VII / ADEA |
|---|---|---|
| Employer size | 15+ employees | 15+ employees (Title VII); 20+ employees (ADEA) |
| Age protection | Workers 18 and older | Workers 40 and older (ADEA only) |
| Sexual orientation | Explicitly protected | Protected via Bostock ruling (not statutory) |
| Gender identity | Explicitly protected | Protected via Bostock ruling (not statutory) |
| Marital status | Protected | Not protected under federal law |
| Genetic information | Protected | Protected (GINA) |
| Filing agency | Maryland Commission on Civil Rights (MCCR) | Equal Employment Opportunity Commission (EEOC) |
| Filing deadline | 6 months (180 days) | 300 days (in states with a state agency) |
| Punitive damages | Limited under state law | Available under Title VII (subject to employer-size caps) |
Key takeaway: Maryland law generally gives workers more options and covers more characteristics than federal law. You can file under state law, federal law, or both. An employment attorney can help you determine which path offers the strongest remedy for your situation.
For a detailed look at federal protections and the EEOC process, see our EEOC guide.
Types of Discrimination Maryland Law Prohibits
Disparate Treatment
This is the most straightforward form of discrimination. It occurs when an employer intentionally treats you worse because of a protected characteristic.
Example: A hiring manager tells a 23-year-old applicant they prefer candidates "with more life experience" and hires an older, less-qualified candidate instead. Because Maryland protects workers from age discrimination starting at 18, this may be actionable under FEPA.
Disparate Impact
Disparate impact discrimination happens when a facially neutral policy disproportionately harms a protected group without business justification.
Example: A company requires all employees to work on Saturday as a standard shift. This policy may disproportionately exclude workers who observe the Sabbath on Saturday, implicating religion discrimination—even if the policy never mentions religion.
Harassment and Hostile Work Environment
Harassment becomes illegal when it is severe or pervasive enough to create a hostile work environment. A single offensive comment usually does not meet this threshold. A pattern of conduct—repeated slurs, physical intimidation, or demeaning treatment tied to a protected characteristic—generally does.
Both supervisors and coworkers can create illegal harassment. Employers are legally responsible for harassment they knew about or should have known about and failed to stop.
Retaliation
Maryland law prohibits employers from punishing you for:
- Filing a discrimination complaint
- Cooperating with an investigation
- Opposing discriminatory practices
- Testifying in a discrimination proceeding
Retaliation can look like demotion, reduced hours, negative performance reviews, or termination. Learn more about your rights in our Maryland workplace retaliation guide.
How to File a Discrimination Complaint in Maryland
Filing with the MCCR
The Maryland Commission on Civil Rights (MCCR) is the state agency responsible for investigating workplace discrimination complaints under FEPA. You can reach the MCCR at mccr.maryland.gov.
The complaint process generally follows these steps:
- File your complaint with the MCCR within six months of the discriminatory act
- Intake interview with an MCCR investigator to review your claim
- Investigation phase, during which the MCCR may request documents and interview witnesses
- Mediation may be offered as a way to resolve the complaint without a full investigation
- Finding: The MCCR issues a finding of probable cause or no probable cause
- Hearing or civil action: If probable cause is found, the case may proceed to a hearing or you may elect to file a lawsuit
For a detailed walkthrough of the complaint process, see our guide on filing a discrimination complaint with the MCCR.
Cross-Filing with the EEOC
The MCCR and the EEOC have a work-sharing agreement. When you file with one agency, your complaint is typically cross-filed with the other. This allows you to preserve both your state and federal claims in a single filing.
If you file only with the EEOC, the EEOC may refer your case to the MCCR. Because deadlines differ, file as early as possible to avoid accidentally missing the shorter state deadline.
Critical Filing Deadlines
Missing a deadline can permanently bar your discrimination claim. In Maryland:
- MCCR state complaint: You must file within 6 months (180 days) of the last discriminatory act
- EEOC federal complaint: You have 300 days to file (because Maryland has a state agency with a work-sharing agreement)
- Civil lawsuit: If the MCCR or EEOC issues a "right to sue" letter, you generally have 90 days to file a lawsuit in court
The clock typically starts on the date the discriminatory act occurred. However, in cases involving ongoing harassment or a pattern of conduct, the deadline analysis is more complex. Consult an employment attorney promptly to protect your rights.
For more on how federal deadlines work, see our EEOC filing deadlines guide.
Remedies Available Under Maryland FEPA
If you successfully prove discrimination under Maryland law or federal law, you may be entitled to:
- Back pay: Wages and benefits lost because of the discrimination
- Front pay: Compensation for future lost earnings when reinstatement is not feasible
- Reinstatement: Return to your job or a comparable position
- Compensatory damages: Money for emotional distress and other out-of-pocket losses
- Attorney fees and costs: The employer may be required to pay your legal fees
- Injunctive relief: A court order requiring the employer to stop discriminatory practices
Punitive damages, which punish egregious conduct, are more readily available under federal Title VII than under Maryland state law. If your case involves willful, malicious discrimination, your attorney may recommend pursuing federal claims alongside state claims to maximize available remedies.
Maryland-Specific Discrimination Topics
This hub covers the full scope of workplace discrimination law in Maryland. Explore the specific topics below for detailed guidance:
- Race Discrimination in Maryland
- Sex and Pregnancy Discrimination in Maryland
- Age Discrimination in Maryland
- Disability Discrimination and Reasonable Accommodation in Maryland
- LGBTQ+ Discrimination in Maryland
- Religious Discrimination in Maryland
- How to File an MCCR Complaint in Maryland
- Statute of Limitations for Discrimination Claims in Maryland
Frequently Asked Questions
Does Maryland law protect LGBTQ+ workers from discrimination?
Yes. Maryland FEPA explicitly lists sexual orientation and gender identity as protected classes. This means your employer cannot fire you, refuse to hire you, or harass you because of your sexual orientation or gender identity. This protection exists independently of federal law.
My employer has only 10 employees. Do I have any discrimination protections?
Maryland FEPA and federal Title VII both require 15 or more employees for coverage. With fewer than 15 employees, your options under these laws are limited. However, other laws—including local ordinances in cities like Baltimore—may provide additional protections. An employment attorney can assess whether any alternative claims apply.
What is the difference between the MCCR and the EEOC?
The MCCR is Maryland's state civil rights agency and enforces FEPA. The EEOC is the federal agency that enforces Title VII, the ADEA, the ADA, and other federal anti-discrimination laws. The two agencies have a work-sharing agreement, so filing with one typically preserves your claims with both. Learn more in our EEOC overview.
Can I file a lawsuit in court without going through the MCCR or EEOC first?
Generally, no. To sue under FEPA or Title VII, you must first exhaust your administrative remedies—meaning you must file a complaint with the MCCR or EEOC and receive a "right to sue" letter before filing a court case. Skipping this step typically results in your lawsuit being dismissed.
How long does a Maryland discrimination investigation take?
MCCR investigations vary. Simple cases may resolve in a few months through mediation. Complex investigations can take a year or longer. The EEOC has its own timeline. During this period, you should preserve all relevant documents, emails, and communications related to your claim.
Not sure if what happened at work qualifies as discrimination? Get a free, confidential case review from an employment law expert to understand your options.
Related Topics:
- Maryland Employment Law
- Workplace Discrimination: Federal Law Overview
- How the EEOC Process Works
- Maryland Workplace Retaliation
Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, consult a licensed employment attorney in your state. Employment Law Aid is not a law firm and does not provide legal representation.