Federal & State Regulations | Discrimination - Other - Maryland

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Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The Maryland employment discrimination law identifies the following protected classes for purposes of employment discrimination:

Race (includes traits associated with race, including hair texture, afro hairstyles, and protective hairstyles, including braids, twists, and locks),
Color,
Religion (includes all aspects of religious observances, practice, and belief),
Sex (including pregnancy),
Age,
National origin or ancestry,
Marital status,
Sexual orientation (identification of an individual as to male or female homosexuality, heterosexuality, or bisexuality),
Gender identity (gender-related identity, appearance, expression, or behavior of a person, regardless of the person’s assigned sex at birth),
Military status (member of the uniformed services or reserve component or a member’s dependent),
Disability (physical and mental; unrelated in nature and extent to reasonably preclude the performance of the employment; caused or contributed to by pregnancy or childbirth),
Genetic information (refusing to make the information available or take a genetic test)

It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The main Maryland employment discrimination law generally applies to employers with 15 or more employees, but claims alleging harassment may be filed against employers of all sizes.

Maryland also has a wage discrimination law similar to the Lily Ledbetter Fair Pay Act under federal law.

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 regarding AIDS/HIV, sexual orientation, and genetic information are essentially the same as for other protected classes (such as age, gender, and national origin). Employers can not refuse to hire or otherwise discriminate on the basis of AIDS/HIV, sexual orientation, or genetic information, or because of an individual’s refusal to submit to a genetic test or make available the results of a genetic test. Further, employers can not request or require genetic tests or genetic information as a condition for hiring or determining benefits.

In addition, discrimination based on sexual orientation (including denial of services) is prohibited in places of public accommodation such as hotels, restaurants, theatres, and so on.

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

CROWN Act

In furtherance of Maryland policy to assure all persons equal opportunity in receiving employment and in all labor management-union relations, regardless of race, on May 8, 2020, Maryland enacted HB 1444, defining “race”, for purposes of the laws prohibiting discrimination, to include certain traits associated with race, including hair texture and certain hairstyles, and defining “protective hairstyle” as related to discrimination and the definition of “race”.

“Race” was defined to include traits associated with race, including hair texture, afro hairstyles, and protective hairstyles. “Protective hairstyle” was defined to include braids, twists, and locks.

Fair pay claims

In April 2009, the Governor of Maryland signed a law adopting revisions to wage discrimination claims. The law specifically recognizes that each instance when compensation is paid can be a separate act of discrimination. Specifically, the law says that an unlawful employment practice occurs, with respect to discrimination in compensation, when:

A discriminatory compensation decision or other practice is adopted;
An individual becomes subject to a discriminatory compensation decision or other practice; or
An individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting wholly or partly from the discriminatory compensation decision or other practice.

Interns

Maryland law extends employment discrimination protections to interns and applicants for internships in the state. Employers with 15 or more employees may not discriminate or harass interns or applicants for internships based on their race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability.

For the purposes of this law, an “intern” is someone who has not been promised employment at the end of the training period, who performs work to supplement training given in an educational setting, who does not displace regular employees, and who understands that he or she will not be paid.