Employment Discrimination

Both federal and Maryland state law protect workers from unfair discrimination in the workplace. No employee should be subjected to unfair treatment and lose job opportunities because of race, sex, religion, age, disability, or pregnancy. If you believe that you have been discriminated against in your employment, you should contact a dedicated employment law attorney today.

Anti-Discrimination Statutes

Maryland and federal laws prohibit discrimination in employment. This includes discrimination in recruiting and interviewing, the refusal to hire, limiting promotion opportunities, discriminating in work conditions, firing, and other discriminatory actions. Laws also provide that if an employee files a complaint based on anti-discrimination laws, and the employer discriminates against or harasses the employee in retaliation for the complaint, the employee can recover compensation.

However, most of the anti-discrimination statutes do not apply unless the employer employs a minimum number of workers. Title VII generally only applies when the employer has at least 15 employees. It also applies to the state or federal government, educational institution, employment agencies, labor organizations, and joint management-labor committees. Maryland’s anti-discrimination statute applies only to employers with at least 15 employees working at least 20 weeks in the calendar year. Other statutes have similar requirements.

Gender and Sexual Orientation

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex, and Maryland’s employment discrimination statute protects sex, sexual orientation, and gender identity.

The federal Equal Pay Act requires equal pay for equal work. This means that if two people perform work with the same skill, effort, and responsibility, and under similar working conditions, they must be paid the same. This law applies to nearly every employer, and there is no employee minimum. But exceptions exist for employers who pay based on a seniority system or a merit system, who measure wages by the quality or quantity of output, or who use a system based on anything other than sex.

Race, National Origin, and Citizenship

Title VII protects against workplace discrimination due to race, color, and national origin. Additionally, the federal Immigration Reform and Control Act prohibits discrimination on the basis of citizenship and national origin. It applies to employers with four or more employees. Maryland’s statute protects race, color, national origin, and ancestry.

Religion

Title VII and Maryland state law both ban workplace discrimination on the basis of religious belief.

Age

The federal Age Discrimination in Employment Act forbids employers from discriminating against workers who are aged 40 or older. It applies to employers with a minimum of 20 employees. Maryland’s law also prohibits discrimination based on age.

Disability

The Americans with Disabilities Act bans discrimination on the basis of disability. It also provides that employers must make reasonable accommodations for a disabled employee unless the accommodation would put undue hardship on the employer. The ADA applies to employers with 15 or more employees for at least 20 weeks of the year. Maryland’s anti-discrimination statute protects disability and genetic information.

Pregnancy

The Pregnancy Discrimination Act prohibits discrimination based on childbirth. Employers must treat pregnant women in the same way as other people with similar abilities. Maryland law also provides protection against discrimination based on marital status.

Other Remedies

Sometimes, the above statutes do not provide a remedy for a worker who is being discriminated against. This may be because the discrimination is not based on one of the protected classes listed in the statutes, or because an employer does not have enough employees for the worker to qualify for the statutory protections. In that event, a worker may be able to sue under a wrongful discharge theory.

Contact a Baltimore Employment Lawyer to Discuss Your Case

If you believe that you have been the subject of workplace discrimination, please contact the Baltimore employment law attorneys at The Casper Firm for a confidential initial consultation.