Age discrimination - Maryland

Summary of differences between federal and state regulations

Employer defined

“Employer” means a person engaged in an industry or business who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person. The term does include the state of Maryland but does not include a bona fide private membership club (other than a labor organization) which is exempt from taxation under § 501(c) of the Internal Revenue Code.

The statute does not apply to:

• An employer with respect to the employment of aliens outside of the state; or
• A religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion or sexual orientation to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those under the federal Age Discrimination in Employment Act. For example, the state law includes an exemption for a bona fide occupational qualification, as well as an exemption for a seniority or merit system.

A complaint must be filed within six months from the date of the occurrence alleged to be a violation.

State

Contact

Commission on Human Relations

A local government may also create a human rights commission.

Regulations

Annotated Code of Maryland, Article 49B, Sections 1 through 51

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

29 CFR Part 1625, Age Discrimination in Employment Act

29 CFR 1626, Procedures — Age Discrimination in Employment Act

29 CFR 1627, Records to be Made or Kept Relating to Age: Notices to be Posted: Administrative Exemptions