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Overview of the Federal and Maryland Employment Anti-Discrimination Laws
There are a number of state and federal laws that prohibit discrimination based on age, race, color, sex, national origin, disability, sexual orientation, religion, pregnancy, and other categories.
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 (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 of 1967.
- There are different time limits for when you must file complaints under federal and state laws.
- 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 claim of discrimination 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
Employers may not harass or discriminate against applicants or employees on the basis of race, color, religion, sex, or national origin. Employers covered by the law cannot, because of race, color, religion, sex or national origin:
- refuse to hire,
- fire, or
- other discriminate with respect to compensation, terms, conditions, or privileges (e.g., promotions) (U.S. Code, Title 42, §2000e-2(a)(1-2)).
Employers are also prohibited from retaliating against an employee for making a complaint under this law.
Who is covered?
- Employers with 15 or more employees.
- State governments.
- Federal government.
- 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. (U.S. Code, Title 42 § 1981).
Enforcement: 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 § 2000e et. seq.
Age Discrimination in Employment Act
Employers may not discriminate against employees who are age 40 or older based on age. Employers are also prohibited from retaliating against an employee for making a complaint under this law or participating in an employment discrimination investigation or lawsuit.
Who is covered?
- The federal government and its agencies.
- Private employers with 20 or more employees.
- State and local governments.
- Interstate agencies.
- Employment agencies.
- 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: For more information about filing a complaint, go to the U.S. Equal Employment Opportunity Commission website.
Read the Law: 29 U.S. Code, Title 29, Chapter 14 (§§ 621-634)
Equal Pay Act of 1963
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 that a man and woman can be paid different salaries for equal work if the difference is based on a seniority, merit, or 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: 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
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. Employers are also prohibited from retaliating against an employee for making a complaint under this law.
An employer must make “reasonable accommodation." However, if the accommodation needed 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?
- 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.
- Joint labor-management committees.
Enforcement: 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, § 12101 et seq.
Pregnancy Discrimination Act
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. Employers are also prohibited from retaliating against an employee for making a complaint under this law.
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.
Who is covered?
- Employers with 15 or more employees.
- State governments.
- Federal government.
- Employment agencies.
- Labor organizations.
- Joint management-labor committees.
- Educational institutions.
Enforcement: 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
Employers are prohibited from discriminating against applicants and employees (U.S. Citizens and certain work-authorized individuals) on the basis of their citizenship, national origin, or immigration status. For a list of detailed questions and answers, check the U.S. Department of Justice Immigrant and Employee Rights Section.
Who is covered? Employers with 4 or more employees.
Enforcement: 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 within 6 months of the date of discrimination (1 year for housing) or the date when you learned of the discriminatory action.
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 making certain kinds of employment discrimination illegal. Check your local laws. Counties that have adopted local laws include Howard County, Montgomery County, and Prince George's County.