v. Crawford, 307 Md. Your employer must have a contract, or subcontract, to provide supplies or services to aState of Maryland executive branch entity. Wenn an chief is found to have engaged for an unlawful employment practice under FEPA the remediation can include compensatory damages, back pay, injunctive relief, both punitive . Prior to October 1, 2019 only workers in Montgomery, Prince Georges, Howard, and Baltimore Counties had protections against harassment by small employers. has one or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar years, which implies that a small employer (i.e., one with fewer than 15 workers) must have been in existence for at least 20 weeks to be held liable for harassment. There are a number of laws that prohibit retaliation in Maryland workplaces. The employer must maintain the employee's group health insurance coverage during the time the employee is on leave for organ donation. HB 679makes key changes to Maryland's anti-discrimination law, the FEPA. The complainant and/or respondent may recommend mediation during any step in the procedures. The information on this website is for general information purposes only. (ii) the individual's refusal to submit to a genetic test or make available the results of a genetic test; (2) limit, segregate, or classify its employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual's status as an employee because of: (3) request or require genetic tests or genetic information as a condition of hiring or determining benefits; or. The Statewide EEO Coordinator should be notified in all complaints including management officials. 1981). Upon learning of an employees request for accommodation, Maryland employers should immediately engage such employee in a good-faith dialogue (individualized assessment) to determine how they might accommodate the request in the employees current position or through transfer to an available position for which the employee is qualified. Additionally, the amendments extend the time for filing a lawsuit alleging harassment from two years to three years after the alleged harassment occurred. 177, 199 (Md. Enter your email address to subscribe to this blog and receive notifications of new posts by email. Maryland's Fair Employment Practices Act Does Not Apply to - Semmes All civil penalties assessed for violations of the amended law are to be paid to the state general fund. You disclosed or threatened to disclose to a supervisor, an activity, policy, or practice of your employer that was in violation of a law, rule, or regulation, or, You provided information or testified before a public body investigating any violation of law, rule, or regulation by your employer, or. Overview of Maryland Whistleblower Laws - People's Law The amendments also note that harassment "retains its judicially determined meaning, except to the extent it is expressly or impliedly changed" under the amendments. You must show that your disclosure was, at minimum, a contributing factor of the subsequent, adverse personnel action. Its About Whether the Individual Can Perform the Essential Functions of A Job, Not the Job He or She Currently Occupies. In such an action, the attorney general may seek injunctive relief, damages or other relief in the county where the violation allegedly occurred. Elsewhere, Connecticuts new sexual harassment law also went into effect Oct. 1. Assist in the building of a well-diversified workforce for Maryland State government employees and applicants. State Wage & Employment Laws in D.C., Maryland & Virginia 8:30 am - 8:00 pm, Mon - Fri, John Whitty, Government Accountability Project; PLL Contributors, Maryland Occupational Safety and Health Act, State Contractor Employees Whistleblower Protection, Executive Employees Whistleblower Protection Act, Public School Employee Whistleblower Protection Act, Health Care Workers Whistleblowers Protection Act, Md. Most of the Maryland laws require you to file a complaint with a government agency before you can go to court. Maryland Amendment Allows Discrimination Claims in State Courts In a recent case, a Maryland Federal court permitted a plaintiff to proceed to trial on her failure to accommodate claim under Maryland's Fair Employment Practices Act (MFEPA), finding that under Maryland law the employer was required to perform an individualized assessment in order to determine whether the employee - a qualified individual with a disability - was able to perform the . Pages - Employment Discrimination - Maryland.gov Enterprise Agency Template Any Maryland Department of Labor employee, applicant for employment, or beneficiary who believes that he/she has been subjected to unlawful discrimination by an employee, policy or practice of this Department must complete the complaint form. 29 U.S.C. Please purchase a SHRM membership before saving bookmarks. The National Law Review is a free to use, no-log in database of legal and business articles. The Federal Mine Safety and Health Act of 1977, The Longshore and Harbor Workers' Compensation Act, or. Currently, Maryland's FEPA applies to employers with at least 15 employees. Code, State Personnel and Pensions Title 5, Subtitle 3, Read the Case:Lawson v. Bowie State University, 421 Md. 2019 Jackson Lewis. Cf. The amended law authorizes the commissioner or a court to require an employer to pay a civil penalty equal to 10 percent of the amount of damages owed by the employer for violating the amended law if the employer is found to have violated the law at least two times within a three-year period. Under the legislation, harassment includes adverse conduct based on: These amendments to Marylands non-discrimination law were among a host of new laws that went into effect in the state Oct. 1. You made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing related to prohibited discrimination by your employer, or opposed any prohibited discrimination by your employer, and then you suffered discrimination or retaliation from your employer. Ctr. (1) Except as provided in paragraph (2) of this subsection, an employer, labor organization, or employment agency may not print or cause to be printed or published any notice or advertisement relating to employment by the employer, membership in or any classification or referral for employment by the labor organization, or any classification or referral for employment by the employment agency that indicates any preference, limitation, specification, or discrimination based on race, color, religion, sex, age, national origin, marital status, sexual orientation, or disability. HB 679, passed by the Maryland legislature, provides that beginning October 1, 2019 the FEPA now defines employee to include independent contractors. After receiving the appeal, the Statewide Equal Employment Opportunity Coordinator shall review the complaint and the agency decision and conduct any necessary investigation. UK Business Immigration: Government Announces Significant Increase in Update on Cascade Divisional Applications in Mexico. In concluding that the employer needed to look at a job and not the job Townes held, the court opined that the Maryland statutes requirement of an individualized assessment is akin to the interactive process requirement under the Americans with Disabilities Act (ADA), further relied on the Maryland Court of Appeals case Peninsula Regl Med. If an employer is found to have engaged in an unlawful employment practice under FEPA the remedies can include compensatory damages, back pay, injunctive relief, and punitive damages. Under the new law that went into effect October 1st, independent contractors will gain rights to protect against discrimination, and victims of sex harassment can enforce their rights under a broader definition of harassment and gain coverage under state law if they work at smaller employers. TITLE 20 - HUMAN RELATIONS :: 2010 Maryland Code - Justia Law On October 1, 2019, Maryland employees gained strengthened protections from discrimination, especially for employees subjected to workplace sexual harassment. Supplemental training, additional state oversight and enhancing workers ability to file harassment claims were part of the new measures. The employee alleging sexual harassment should be informed that the agency will investigate all allegations of sexual harassment and take immediate appropriate corrective action in response to all substantiated charges. 31, 43 (Md. Marylands new FEPA presents a significant expansion of legal rights for individuals who have experienced workplace harassment. In addition to expanded protections for employees, the laws can include: This summer, Illinois passed sweeping new laws aimed at reducing harassment in the workplace. The Maryland General Assembly is considering increasing the limitations on compensatory damages for state law discrimination claims. The law prohibits discrimination based on race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, genetic information, and disability. Quid Pro Quo - Unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal, non-verbal or physical conduct of a sexual nature constitute quid pro quo sexual harassment when: 2. All Rights Reserved. Deposition testimony indicated that there were some vacant positions requiring less travel to which Townes could have transferred. Code Ann., State Gov't 20-1013. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Maryland employees have the right to oppose unlawful conduct in the workplacewithout fear of retaliation. The victim, as well as the accused, may be a female or a male; the victim does not have to be of the opposite sex; the accused may be an employee's direct supervisor, a supervisor in another division, a co-worker, or a non-employee; and the victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Maryland's Fair Employment Practices Act. The District Court in Townes also pointed out that Maryland law expressly includes reassignment to a vacant position as an example of a reasonable accommodation. Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal or physical conduct of a sexual nature. May 12, 2020 Print It is safe to say that spring 2020 will not soon be forgotten. Unlawful employment practices. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. TITLE: Unlawful Employment Practices - Remedies COMMITTEE: Judicial Proceedings Committee HEARING DATE: February 15, 2022 POSITION: Favorable Senate Bill 449 seeks to address inequities and outdated remedies within the Maryland Fair Employment Act for employees who have been discriminated against in their workplace. }); if($('.container-footer').length > 1){ Instead, for claims of harassment an employee has 2 years from the date they were harassed to file a complaint with the Maryland Commission of Civil Rights (MCCR) and 3 years to file a civil action in a state Circuit Court. For example, there is a law that provides protection if you suffer retaliation for reporting a workplace injury or hazard. Maryland's Fair Employment Practices Act Does Not Apply to Actions Prior to October 1, 2007 Adams v. Morris, No. PDF LOCAL GOVERNMENT TORT CLAIMS ACT - DAMAGES CAP - Maryland Courts Under the Maryland Fair Employment Practices Act, employers are prohibited from failing or refusing to hire; terminating; limiting, segregating, or classifying; denying training opportunities to; or otherwise discriminating against an individual with respect to compensation or terms, condi-tions, or privileges of employment based on marital status. The new law also expands the statute of limitations for harassment claims, which is currently set at 1 year. $(document).ready(function () { The new training requirements do not apply to private employers. First, you must exhaust any administrative remedies. Managing Commercial Real Estate Taxes in Californias Challenging Georgia Appellate Court Says Employee Nonsolicitation Covenant Not FDA, USDA, DHS Publish Interim Review on Strengthening Food and Ag Third Circuit Rejects Mandatory Arbitration Clause in ESOP. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. in an unlawful employment practice with actual malice. Subtitle 8 - Aiding, Abetting, or Attempting Discriminatory Act; Obstructing Compliance Subtitle 9 - Discrimination by Governmental Units, Officers, and Employees Subtitle 10 - Enforcement Subtitle 11 - Prohibited Acts; Criminal Penalties Subtitle 12 - Civil Actions - Violations of County Discrimination Laws Please log in as a SHRM member. Section 13-301 - Unfair or deceptive trade practices defined. Maryland's anti-discrimination laws (Maryland Code Article 49B, Section 11) be amended when Maryland Governor Martin O'Malley signed a bill, on Springtime 24, 2007, allowing employees claiming violations to sue in state court. Code, State Gov't 20-606(f). Subscribe to our blog for the latest employment law news. Maryland Expands the Coverage of Its Anti-Discrimination Law and The legislation amended Marylands Fair Employment Practices Act (FEPA). 2011). The Employment Law Center of Maryland, Inc. is a 501(c)(3) nonprofit employment law firm, EIN 85-1738414. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Under Maryland Fair Employment Practices Act, you must file a charge with the Maryland Commission on Civil Rights (MCCR) within 180 days of the alleged discrimination. Copyright The Employment Law Center of Maryland, Inc., 2023. Get free summaries of new opinions delivered to your inbox! Ct. Spec. Maryland's law prohibits discrimination for sexual orientation, marital status, press all ages. If an employee's immediate supervisor is alleged to have sexually harassed the employee, the incident should be reported to the person directly in charge of the supervisor, the agency's Fair Practices Officer, Equal Employment Opportunity Officer, other management representative, or the Office of the Statewide EEO Coordinator. The content and links on www.NatLawReview.comare intended for general information purposes only. In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website. The ignorance or intentions of the harasser are irrelevant; sexual harassment is wrong and will not be tolerated. with GovDocs Labor Law News. Maryland may have more current or accurate information. Civil Rights Act of 1964, Titles VI and VII, as amended, Pub. Promote gender diversity in the boardroom. Lastly, an employee needs to show that the adverse employment action was taken because of their protected activity. Ultimately, the employee must produce sufficient evidence for a Maryland jury to reasonably conclude that the employer intentionally retaliated against the employee because of the employee's protected conduct. In concluding that the employer needed to look at a job and not the job Townes held, the court opined that the Maryland statutes requirement of an individualized assessment is akin to the interactive process requirement under the Americans with Disabilities Act (ADA), further relied on the Maryland Court of Appeals case Peninsula Regl Med. Many Maryland employees are protected from discrimination under federal law, state law, and county law. How do I start a claim? Under FEPA, an employer can be held legally responsible if the person responsible for the harassment can make or recommend employment decisions (e.g., hiring and firing, promotion and demotion, and reassignments) or directs, supervises, or evaluates the work activities of the employee, even if that person does not have the power to make employment decisions. So, you may have to file your claim in court before you have exhausted the administrative complaint process. What kind of whistleblowing is covered? Code, Health Occupations Title 1, Subtitle 5, This site offers legal information, not legal advice. Alternatively, the employee may be returned to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. It does var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Read the Law: Md. v. Adkins, which broadly interpreted the phrase the job in question found in the regulations interpreting MFEPA. After receiving the complaint, the agency Equal Employment Opportunity Officer shall investigate and recommend a proposed decision to the head of the principal unit. The amendments to FEPA in Maryland do not require a new posting. These laws, and others, underscore the need for employers to revisit company policies and educate employees and supervisors about proper conduct in the workplace. Deposition testimony indicated that there were some vacant positions requiring less travel to which Townes could have transferred. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. For an employee working on a commission basis, while the employee is on organ donation leave, the employer must pay the employee any commissions that become due as a result of work the employee performed before taking the organ donation leave. The Job Applicant Fairness Act generally prohibits employers in Maryland from using a job applicant or employee's credit report to determine: (1) whether to hire a job applicant; (2) whether to terminate an employee; or (3) the rate of pay or other conditions of employment for an employee. All public sector employees AND all employees of an employer 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. 2013). Employees Responsibilities - If an employee believes that sexual harassment has occurred, the employee should take the following steps: Comptroller of Maryland Privacy Statement, Office of Legislative Affairs State Agency Fraud Reporting, Warning Signs of Fraudulent Tax Preparers, Office of Administration and Finance (A & F). At the county level, even more expansive job discrimination protections are provided for employees working in Montgomery County, Prince Georges County, Howard County, and Baltimore County. Let's talk about each of these "elements" of a retaliation claim individually. Further, the new law will remain effective only for 10 years (until Sept. 30, 2029). Site managed by, Harassment, Discrimination, and Retaliation, Maryland Poised To Increase Damages Caps For Discrimination Claims. It is imperative that all employees in State government be assured of a working environment conducive to the performance of their duties and free from sexual harassment, intimidation or coercion of any form. The Maryland Court of Entreaties -- which is Maryland's highest court -- last ducked an opportunity to decide on key employment matter. On March 28, 2019, the Maryland General Assembly overrode Governor Larry Hogan's veto to approve raising the state's minimum wage from $10.10 to $15 per hour for all employees by 2026. The new law also changes the way in which an employer may be liable for harassment of employees. The employee alleging sexual harassment must be informed of his or her right to file a formal complaint with the Maryland Commission on Civil Rights or the United States Equal Employment Opportunity Commission by the agency's Fair Practices or Equal Employment Opportunity Officer or the agency official who is responsible for investigating the alleged harassment. involved a state government agency employee diagnosed with bipolar disorder whose psychiatrist recommended that she transfer to a different position requiring less travel so that she could continue to work. 29 U.S.C. If you're facing retaliation in the workplace, The Employment Law Center of Maryland, Inc. is a 501(c)(3) nonprofit employment law firm, EIN. The prior caps aligned with those under Title VII (the federal law barring discrimination based on race, color, national origin, sex, and religion). (The deadlines for workers who have been harassed are much longer than the deadlines for workers who have been discriminated against in other ways, which are 6 months to a year to file a complaint with the MCCR or county Office of Human Rights, and 2 years to file a lawsuit in court). Suite 400 Even if the behavior may be tolerated by some individuals outside of the work place, sexual harassment will not be tolerated within the work place. a Security: Takeaways from the Ripple Labs White House OSTP Publishes Scientific Integrity Policy, Build More, Faster? This Labor Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel. When an alleged incident of sexual harassment is reported to a supervisor, a Fair Practices Officer, Equal Employment Opportunity Officer or any management representative, the agency must initiate and complete its investigation into the allegations within thirty (30) working days from the agency's notification of the alleged harassment. Unfair or deceptive trade practices defined. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server.