Sex Discrimination

The law is clear—women are to be given equal consideration for job openings, paid the same as a man, and treated with respect and dignity in the workplace. But the reality is that sex and gender discrimination remain all too common in the Maryland workplace, and stereotypes about physical ability, childcare, and gender roles remain all too prevalent.

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At the Employment Law Center of Maryland, we represent victims of workplace sex and gender discrimination in every Maryland federal, state, and administrative court—not only advancing the cause of sex and gender equality for our clients, but for future generations to come.

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If you are facing sex or gender discrimination in the workplace, contact us today for a consultation.

Federal Sex/Gender Discrimination Laws

Sex and gender discrimination are illegal in Maryland under federal, state, and local law.

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The most important federal law prohibiting sex and gender discrimination in the workplace is Title VII of the Civil Rights Act of 1964 (Title VII). Under Title VII, it is illegal for an employer to "fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's [sex]." Title VII also makes it illegal for an employer to "limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's [sex]."

Here's the rub about Title VII—this federal law only applies to employers “engaged in an industry affecting commerce who has 15 or more employees.” At the Employment Law Center of Maryland, we often advise clients with workplace sex or gender discrimination cases against smaller employees (i.e., less than 15 employees) to consider pursuing cases under local/county sex or gender discriminations laws, or as a wrongful termination case.

Maryland Sex/Gender Discrimination Laws

Sex and gender discrimination in the workplace is illegal in Maryland under Md. Code, State Gov't § 20-606 (Title 20).

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Similarly to Title VII, Maryland's Title 20 states that a Maryland employer may not "fail or refuse to hire, discharge, or otherwise discriminate against any individual with respect to the individual's compensation, terms, conditions, or privileges of employment because of [sex]," and further states than a Maryland employer may not "discriminate or retaliate against any of its employees or applicants for employment" because they oppose (i.e., complain of) sex or gender discrimination.

Like Title VII, Title 20 only applies to employers "engaged in business or industry that employs at least 15 employees."

Local Sex/Gender Discrimination Laws

At least five Maryland counties have their own laws prohibiting sex or gender discrimination in the workplace.

The following Maryland county codes prohibit sex or gender based discrimination in the workplace, and allow for discrimination lawsuits to be filed charging violations of county fair-employment statutes or codes:​​

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• Baltimore County. The Baltimore County Code prohibits sex or gender discrimination in the workplace by employers of any size.

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• Frederick County. The Frederick County Code prohibits sex or gender discrimination in the workplace by employers with at least 15 employees.

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• Howard County. The Howard County Code prohibits sex or gender discrimination in the workplace by employers with at least 5 employees.

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• Montgomery County. The Montgomery County Code (specifically, the Human Relations Law) prohibits sex or gender discrimination in the workplace by employers of any size.

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• Prince George's County. The Prince George's County Code prohibits sex or gender discrimination in the workplace by employers of any size.

Suing for Sex/Gender Discrimination

Whether you're suing for sex/gender discrimination under federal or state laws, the procedure is largely the same. First, you'll need to file a complaint of discrimination with either the U.S. Equal Employment Opportunity Commission (EEOC) or the Maryland Commission on Civil Rights (MCCR).

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If you're filing with the the U.S. Equal Employment Opportunity Commission (EEOC), you'll need to file your complaint of sex/gender discrimination within 300 days of the discriminatory act (e.g., your termination, date of an incident of discrimination). If you're filing with the Maryland Commission on Civil Rights (MCCR), you'll need to file your complaint of sex/gender discrimination within 180 days (i.e., six months) of the discriminatory act.

After you file your complaint of sex/gender discrimination, the agency will assign your complaint to an investigator and start an investigation. Depending on the facts of your case, the agency may attempt conciliation, or offer mediation to you and your employer, to see if the complaint can be resolved without formal legal action.

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In particularly egregious cases of sex/gender discrimination, the agency may prosecute the employer before an administrative, state, or federal court. This is very rare, and unfortunately, the limited funding these agencies receive means that, for most victims of sex/gender discrimination, the agency will not be able to or willing to prosecute their case. This is why having a skilled Maryland sex/gender discrimination lawyer is critical—as they can pursue your case before any of these courts.

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Once the U.S. Equal Employment Opportunity Commission (EEOC) concludes its investigation into your complaint, it will issue you a "notice of right to sue," which terminates its investigation and gives you just 90 days to file a sex/gender discrimination lawsuit in state or federal court.

This procedure is slightly different with the Maryland Commission on Civil Rights (MCCR). Under Md. Code, State Gov't § 20-606 (Title 20), you must filed your lawsuit in state court within two years of filing your sex/gender discrimination complaint with the MCCR.

If you're facing sex or gender discrimination in the workplace, you should contact us as soon as possible. A skilled employment lawyer can help you file the necessary administrative and court complaints, as well as keep track of the relevant deadlines.