Employment Discrimination

There are a number of federal and state laws that prohibit discrimination because of age, race, color, gender, national origin, disability, sexual orientation, gender identity, religion, and pregnancy.

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Overview of the Federal and Maryland Employment Anti-Discrimination Laws
Federal Laws
Maryland Laws

Overview of the Federal and Maryland Employment Anti-Discrimination Laws

Numerous state and federal laws prohibit discrimination based on age, race, color, sex, national origin, disability, sexual orientation, religion, pregnancy, and other categories. As you investigate to determine if you have been subjected to the type of discrimination covered by law, there are a few key concepts that will help you:

Not everyone is covered.
- To take legal action under anti-discrimination laws, you must fall into certain categories or “protected classes.”
Not every law covers every situation.
- The person or group you believe has discriminated against you must also fit into certain categories. For example, employers with fewer than 20 employees are not covered by the Age Discrimination in Employment Act of 1967.
There are time limits.
- Each anti-discrimination law has specific time limits for when you must file your complaint.
The starting point for a discrimination case changes by law.
- Some discrimination laws require you to file a complaint with a government agency before you can go to court. Others, such as the Equal Pay Act, allow you to take a discrimination claim directly to court.

This article summarizes certain federal and Maryland laws that prohibit discrimination in employment.

Title VII of the Civil Rights Act of 1964

Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin. The law prohibits discrimination in hiring, firing, compensation, promotions, and other terms and conditions of employment. Under the law, employers are also prohibited from retaliating against an employee for making a complaint. The law protects employees, job applicants, and former employees.

Who is Covered?

Title VII applies to employers with 15 or more employees, including:

Federal, state, and local governments
Educational institutions.
Employment agencies.
Labor organizations.
Joint management-labor committees.

Some employers are exempt. For example, religious organizations may require employees to be of a certain faith without violating Title VII. (42 U.S. Code, Title 42 § 2000e-1(a) ) However, all employers (regardless of their number of employees) are covered by the 1991 Civil Rights Act, which expanded protections against employment discrimination, particularly addressing issues related to disparate impact and disparate treatment. It also provided for the right to a jury trial and the possibility of punitive damages in cases of intentional discrimination. (U.S. Code, Title 42 § 1981).

Enforcement

Title VII violations can be enforced through the U.S. Equal Employment Opportunity Commission (EEOC). Individuals must typically file a charge of discrimination with the EEOC within a specific time frame before pursuing a lawsuit. For more information about filing a complaint, go to the EEOC website.

Read the Law: U.S. Code, Title 42, Chapter 21, Subchapter 6 – Equal Employment Opportunities (§§ 2000e 1-17)

Age Discrimination in Employment Act

The ADEA prohibits employment discrimination against individuals who are 40 years of age or older. The law protects against age-based discrimination in hiring, firing, promotions, and other employment decisions. Employers are prohibited from retaliating against an employee for making a complaint under the law or participating in an employment discrimination investigation or lawsuit. The ADEA also restricts mandatory retirement based on age, with certain exceptions such as when age is a bona fide occupational qualification (BFOQ). Learn more about ADEA exceptions in the Code of Federal Regulations.

Who is Covered?

The ADEA applies to:

the federal government and its agencies,
private employers with 20 or more employees,
state and local governments,
interstate agencies,
employment agencies, and
labor unions.

NOTE: This law has many different provisions, some of which may apply to federal, state, or local government entities, while others apply to private employers.

Enforcement

Violations of the ADEA can be enforced through the U.S. Equal Employment Opportunity Commission (EEOC). Like Title VII, individuals must file a charge with the EEOC within the required time frame before pursuing legal action. For more information about filing a complaint, go to the U.S. Equal Employment Opportunity Commission website.

Read the Law: U.S. Code, Title 29, Chapter 14 – Age Discrimination in Employment (§§ 621-634)

Equal Pay Act of 1963

The Equal Pay Act requires that men and women be given equal pay for equal work, even if the job titles are different. It prohibits wage differences based on gender for jobs that require equal skill, effort, and responsibility under similar working conditions. The law applies regardless of the employer's size.

NOTE: Men and women can be paid different salaries for equal work if the difference is based on a seniority, merit, or an incentive system.

Who is Covered?

With very few exceptions, almost every employer must follow this law - private employers as well as federal and state governments.

Enforcement

Violations of the Equal Pay Act can be enforced through the U.S. Equal Employment Opportunity Commission (EEOC). Individuals must file a charge with the EEOC within the required time frame before pursuing legal action. For more information about filing a complaint, go to the U.S. Equal Employment Opportunity Commission website.

Read Law: U.S. Code, Title 29 § 206d

Americans with Disabilities Act

The ADA prohibits discrimination against qualified individuals with disabilities in all aspects of employment including interviews, testing, hiring, job assignment, evaluations, discipline, training, promotions, layoffs, compensation, leave, and benefits. Employers are also prohibited from retaliating against an employee for making a complaint under this law.
The law applies to employers with 15 or more employees and requires employers to provide “reasonable accommodations” to qualified individuals with disabilities, unless doing so would create an undue hardship. If the needed accommodation would impose an undue hardship on the employer, the change may not be required (U.S. Code, Title 42 §12112(b)(5)(A)). For help on accommodations for a specific person with a disability, contact the Job Accommodation Network.

NOTE: that the ADA covers other areas such as housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services.

Who is covered?

The ADA applies to

employers with 15 or more employees for at least 20 weeks a year,
state and local governments and their agencies,
employment agencies,
labor organizations,
religious organizations with 15 or more employees, and
joint labor-management committees.

Enforcement

Violations of the ADA can be enforced through the U.S. Equal Employment Opportunity Commission (EEOC). Individuals with disabilities who believe they have been discriminated against can file a charge with the EEOC and may pursue legal action if necessary. For more information about filing a complaint, go to the U.S. Equal Employment Opportunity Commission website.

Read the Law: U.S. Code, Title 42, Chapter 126 – Equal Opportunity for Individuals with Disabilities (§§ 12101 – 12213)

Pregnancy Discrimination Act

The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act. It prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Under the PDA, an employer must not refuse to hire or discriminate against a person who is pregnant. A pregnant person must be treated in the same manner as other applicants or employees with similar abilities or limitations. Employers are also prohibited from retaliating against an employee for making a complaint under this law.

Who is Covered?

The Pregnancy Discrimination Act applies to:

Employers with 15 or more employees.
State governments.
Federal government.
Employment agencies.
Labor organizations.
Joint management-labor committees.
Educational institutions.

Enforcement

Violations of the Pregnancy Discrimination Act can be enforced through the EEOC. Individuals must file a charge with the EEOC within the required time frame. For more information about filing a complaint, go to the U.S. Equal Employment Opportunity Commission website.

Read the Law: U.S. Code § 2000e(k)

Immigration Reform and Control Act of 1986

The Immigration Reform and Control Act (IRCA) makes it illegal for employers to discriminate against applicants and employees (U.S. Citizens and certain work-authorized individuals) based on their citizenship, national origin, or immigration status. The law requires employers to verify the identity and employment eligibility of their employees and prohibits the hiring of unauthorized workers. For a list of detailed questions and answers, check the U.S. Department of Justice Immigrant and Employee Rights Section.

Who is covered?

The IRCA applies to employers with 4 or more employees.

Enforcement

Violations of the IRCA can be investigated by the Department of Justice (DOJ) or the Department of Homeland Security (DHS). Employees who believe they have faced discrimination based on immigration status or national origin can file a complaint with these agencies. For more information about filing a complaint, go to the Immigrant and Employee Rights Section of the U.S. Department of Justice website.

Read the Law: U.S. Code, Title 8 § 1324b

Maryland Laws

In Maryland, it is unlawful to refuse to hire, discharge, or otherwise discriminate someone due to:

Race
Color
Religion
Sex
Age
National origin
Marital status
Gender Identity
Genetic information, or refusal to submit to a genetic test
Sexual orientation
Disability unrelated in nature and extent to the performance of the employment

Employers are also prohibited from retaliating against an employee for making a complaint under this law.

Who is covered?

Employers in industry or business who have 15 or more employees for at least 20 weeks in a calendar year, including the State.

Read the Law: Md. Code, State Government, Title 20, Subtitle 6

Enforcement

The Maryland Commission on Civil Rights accepts complaints. All complaints are investigated. You must file a complaint alleging an unlawful employment practice other than harassment within 300 days of the date of discrimination (1 year for housing) or the date when you learned of the discriminatory action. A complaint alleging harassment against an employer must be filed within 2 years after the date on which the alleged harassment occurred. For more information on filing a complaint, go to the File A Complaint section of the Commission on Civil Rights website.

Read the Law: Md. Code, State Government, Title 20, Subtitle 10, Part I

In addition to the federal and state laws, a few counties and Baltimore City have passed local laws. These include:

Be sure to check the local laws for other counties when researching employment discrimination.

Source

Edited by Regina Strait, Esq.; PLL Contributors; Updated by Web Services Librarian.