Discrimintation on the Job

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

There are a number of federal laws that prohibit discrimination because of age, race, color, gender, national origin, disability, sexual orientation, religion and pregnancy. As you begin to decide 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 be able to take legal action under these laws, you must fall into certain categories. (These categories are called “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.
There are different time limits for when you can file complaints under federal and state laws.
Where to start. Some discrimination laws require you to file a complaint with an agency before you can go to court. Others, such as the Equal Pay Act, allow you to take a claim of discrimination directly to court.

Civil Rights Act Americans with Disabilities Age Discrimination

Pregnancy Discrimination Equal Pay Act Immigration Control Act

Maryland & Local Anti-Discrimination

Anti-Discrimination Laws	What the law says	Who is covered by the law?
Title VII of the Civil Rights Act of 1964 Law: 42 U.S.C. §§ 2000e Enforcement: For more information about filing a complaint- U.S. Equal Employment Opportunity Commission (EEOC). Can file by mail, in person or over the phone.	Employers may not harass or discriminate against applicants or employees on the basis of race, religion, sex, pregnancy, childbirth, and national origin. Employers covered by the law cannot: refuse to hire, fire, or limit opportunities such as promotions or higher pay because of race, color, religion, sex or national origin. (42 U.S.C. §2000e-2(a)(1-2)).	Employers with 15 or more employees State governments Federal government Employment agencies Labor organizations Joint management-labor committees Note: Some employers are exempt. For example, religious organizations may require employees to be of a certain faith. (42 U.S.C. §2000e-1(a)) Note: All employers (regardless of their number of employees) are covered by the 1991 Civil Rights Act. (42 USC§1981)
The Age Discrimination in Employment Act Law: 29 U.S.C §§ 621-634 Enforcement: For more information about filing a complaint- U.S. Equal Employment Opportunity Commission (EEOC).	Employers may not discriminate against employees who are age 40 or older. Employers are also prohibited from retaliating against you if you make a complaint using this law.	The federal government and its agencies. Private employers with 20 or more employees. Interstate agencies. Employment agencies. Labor unions. Note: This law does not apply to state government.
The Equal Pay Act Law: 29 U.S.C. § 206d Enforcement: For more information about filing a complaint- U.S. Equal Employment Opportunity Commission (EEOC).	Employers must give men and women equal pay for equal work, even if the job titles are different. Equal work means that both men and women perform jobs that require the same skill, effort, responsibility and, under similar conditions. Note: A man and woman can be paid different salaries for equal work if the difference is based on a seniority, merit or incentive system.	With very few exceptions, almost every employer must follow this law - private employers as well as federal and state governments.
The Americans with Disabilities Act Law: 42 USC§12101 et seq. Enforcement: For more information about filing a complaint- U.S. Equal Employment Opportunity Commission (EEOC). ADA: For help on accommodations for a specific person with a disability, contact the Job Accommodation Network at 800-526-7234.	Employers cannot discriminate against a person with a disability in any aspect of employment. This includes interviews, testing, hiring, job assignment, evaluations, discipline, training, promotions, layoffs, compensation, leave and benefits. Note: An employer must make “reasonable accommodation” to allow a qualified disabled person to do the job. 42 USC 126 §12112(b)(5)(A). Exception: If the accommodation needed would impose “an undue hardship” on the employer, the change may not be required. 29 CFR § 1639.9	Employers with 15 or more employees for at least 20 weeks a year. State and local government and their agencies. Employment agencies. Labor unions. Religious organizations with 15 or more employees. Note: The ADA covers other areas such as housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services. 42 USC 126 §12101.
Pregnancy Discrimination Act Law: 42 USC§2000 et seq. Enforcement: For more information about filing a complaint- U.S. Equal Employment Opportunity Commission (EEOC).	An employer must not refuse to hire or discriminate against a woman who is pregnant. A pregnant woman must be treated in the same manner as other applicants or employees with similar abilities or limitations. Note: Any health insurance provided by the employer must cover all pregnancy expenses on the same basis as costs for other medical conditions. Health insurance expenses arising from an abortion are not required to be covered, unless the life of the mother is endangered.	Employers with 15 or more employees State governments Federal government· Employment agencies Labor organizations Joint management-labor committees Note: Some employers are exempt. For example, religious organizations may require employees to be of a certain faith. (42 U.S.C. §2000e-1(a))
The Immigration Reform and Control Act ( IRCA ) of 1986 Law: 8 USC§1324b Enforcement: To file a complaint, contact the Office of Special Counsel for Immigration Related Unfair Employment Practices 800-237-2515 or e-mail osccrt@usdoj.gov	Employers are prohibited from discriminating against applicants and employees on the basis of their citizenship or national origin	Employers with 4 or more employees. For an information short fact sheet, check the U. S. Department of Agriculture website. For a list of detailed questions and answers check the Office of Special Counsel for Immigration related Unfair Employment Practices website.
Maryland Laws Against Job Discrimination Law: Md. Code. Art. 49B§16 Enforcement: The Maryland Commission on Human Relations accepts complaints. All complaints are investigated. You must file a complaint within 6 months of: Date of discrimination ( 1 year for housing) or Date when you learned of the discriminatory action.	Maryland makes it unlawful to refuse to hire or discharge someone due to: Race Color Sex Age National origin Marital status 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 with 15 or more employees.

Anti-Discrimination Laws

What the law says

Who is covered by the law?

Title VII of the Civil Rights Act of 1964

Law: 42 U.S.C. §§ 2000e

Enforcement: For more information about filing a complaint- U.S. Equal Employment Opportunity Commission (EEOC).

Can file by mail, in person or over the phone.

Employers may not harass or discriminate against applicants or employees on the basis of race, religion, sex, pregnancy, childbirth, and national origin.

Employers covered by the law cannot:

refuse to hire,
fire, or
limit opportunities such as promotions or higher pay because of race, color, religion, sex or national origin. (42 U.S.C. §2000e-2(a)(1-2)).

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

Note: Some employers are exempt. For example, religious organizations may require employees to be of a certain faith. (42 U.S.C. §2000e-1(a))

Note: All employers (regardless of their number of employees) are covered by the 1991 Civil Rights Act. (42 USC§1981)

The Age Discrimination in Employment Act

Law: 29 U.S.C §§ 621-634

Enforcement: For more information about filing a complaint- U.S. Equal Employment Opportunity Commission (EEOC).

Employers may not discriminate against employees who are age 40 or older.

Employers are also prohibited from retaliating against you if you make a complaint using this law.

The federal government and its agencies.
Private employers with 20 or more employees.
Interstate agencies.
Employment agencies.
Labor unions.

Note: This law does not apply to state government.

The Equal Pay Act

Law: 29 U.S.C. § 206d

Enforcement: For more information about filing a complaint- U.S. Equal Employment Opportunity Commission (EEOC).

Employers must give men and women equal pay for equal work, even if the job titles are different. Equal work means that both men and women perform jobs that require the same skill, effort, responsibility and, under similar conditions.

Note: A man and woman can be paid different salaries for equal work if the difference is based on a seniority, merit or incentive system.

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

The Americans with Disabilities Act

Law: 42 USC§12101 et seq.

Enforcement: For more information about filing a complaint- U.S. Equal Employment Opportunity Commission (EEOC).

ADA: For help on accommodations for a specific person with a disability, contact the Job Accommodation Network at 800-526-7234.

Employers cannot discriminate against a person with a disability in any aspect of employment. This includes interviews, testing, hiring, job assignment, evaluations, discipline, training, promotions, layoffs, compensation, leave and benefits.

Note: An employer must make “reasonable accommodation” to allow a qualified disabled person to do the job. 42 USC 126 §12112(b)(5)(A).

Exception: If the accommodation needed would impose “an undue hardship” on the employer, the change may not be required. 29 CFR § 1639.9

Employers with 15 or more employees for at least 20 weeks a year.
State and local government and their agencies.
Employment agencies.
Labor unions.
Religious organizations with 15 or more employees.

Note: The ADA covers other areas such as housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services. 42 USC 126 §12101.

Pregnancy Discrimination Act

Law: 42 USC§2000 et seq.

Enforcement: For more information about filing a complaint- U.S. Equal Employment Opportunity Commission (EEOC).

An employer must not refuse to hire or discriminate against a woman who is pregnant. A pregnant woman must be treated in the same manner as other applicants or employees with similar abilities or limitations.

Note: Any health insurance provided by the employer must cover all pregnancy expenses on the same basis as costs for other medical conditions. Health insurance expenses arising from an abortion are not required to be covered, unless the life of the mother is endangered.

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

Note: Some employers are exempt. For example, religious organizations may require employees to be of a certain faith. (42 U.S.C. §2000e-1(a))

The Immigration Reform and Control Act ( IRCA ) of 1986

Law: 8 USC§1324b

Enforcement: To file a complaint, contact the Office of Special Counsel for Immigration Related Unfair Employment Practices 800-237-2515 or e-mail osccrt@usdoj.gov

Employers are prohibited from discriminating against applicants and employees on the basis of their citizenship or national origin

Employers with 4 or more employees.

For an information short fact sheet, check the U. S. Department of Agriculture website.

For a list of detailed questions and answers check the Office of Special Counsel for Immigration related Unfair Employment Practices website.

Maryland Laws Against Job Discrimination

Law: Md. Code. Art. 49B§16

Enforcement: The Maryland Commission on Human Relations accepts complaints. All complaints are investigated.

You must file a complaint within 6 months of:

Date of discrimination ( 1 year for housing) or
Date when you learned of the discriminatory action.

Maryland makes it unlawful to refuse to hire or discharge someone due to:

Race
Color
Sex
Age
National origin
Marital status
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 with 15 or more employees.

Local Anti-Discrimination Laws

A few counties and Baltimore City have passed local laws making certain kinds of employment discrimination illegal. Counties that have adopted local laws include Howard, Montgomery and Prince George’s Counties. To learn more about the local laws, you can go to your local public library for a copy of the county code, or click here for a list of online codes.

Source: The laws that are listed in the table above. Compiled and annotated by the Maryland Legal Assistance Network. Updated by the Maryland State Law Library.

Last date of legal review 01/04/08 (PLL/MJ)

Is this legal advice? This site offers legal information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options. However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney. See our section on Finding Legal Help.

About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders. In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.”

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