Yes, you can sue for sexual harassment at work in Maryland. Both state and federal laws protect employees from harassment, allowing victims to seek legal recourse against their employers if harassment occurs.
Maryland’s laws, alongside federal protections, enable employees to take legal action when facing sexual harassment in the workplace.
Do you have grounds for a lawsuit?
Determining if you have grounds for a sexual harassment lawsuit in Maryland depends on specific factors. Two primary types of harassment can form the basis of a case: quid pro quo harassment and hostile work environment harassment.
Here, we’ll break down each type with definitions and examples to help clarify whether your experience may qualify for legal action.
Quid Pro Quo Harassment
This type of harassment involves a situation where job benefits, such as promotions, salary increases, or continued employment, are directly tied to accepting unwelcome sexual advances or requests for sexual favors.
For example, if a supervisor implies that an employee’s performance review depends on agreeing to a date, this may constitute quid pro quo harassment. In Maryland, this form of harassment is illegal, and victims have grounds to file a complaint or pursue a lawsuit.
Hostile Work Environment
Hostile work environment harassment occurs when unwelcome behavior or conduct of a sexual nature becomes so severe or pervasive that it interferes with an employee’s ability to perform their job, creating an intimidating or abusive environment.
Examples include:
- Repeated offensive jokes
- Inappropriate comments
- Physical contact by a co-worker or supervisor
To qualify as hostile work environment harassment, the behavior must typically be consistent and more than a single, isolated incident.
If you believe you have experienced either form of harassment, reach out to our Rockville employment lawyers in strict confidence.
How to file a sexual harassment lawsuit in Maryland
To file a sexual harassment lawsuit in Maryland, follow these straightforward steps:
- Document Incidents: Keep detailed records of each incident, including dates, times, descriptions, and any communications that support your case.
- Report to Your Employer: Follow your workplace’s harassment policy to report incidents internally. This may involve notifying HR or a supervisor, as many workplaces require this step before further action.
- Consult a Flood Law Attorney: Reach out to us so we can review your case and develop a legal strategy for filing.
- File a Complaint with MCCR or EEOC: Submit a formal complaint to the Maryland Commission on Civil Rights (MCCR) or the Equal Employment Opportunity Commission (EEOC) to initiate a formal investigation. We can do this on your behalf.
- Obtain a Right-to-Sue Letter: If MCCR or EEOC doesn’t resolve the issue, you’ll need a right-to-sue letter to proceed with a civil lawsuit. Again, this is something we can facilitate for you.
- File the Civil Lawsuit: We will draft and submit your lawsuit in the Maryland state court, initiating the legal process.
What evidence is necessary to support a sexual harassment claim
In a sexual harassment claim, gathering the right evidence is critical to building a strong case.
Below are some of the key types of evidence that a victim of harassment should collect:
- Emails and Text Messages: Any written communication, including emails, text messages, or instant messages, can provide a clear record of unwelcome advances, inappropriate remarks, or offensive behavior. Screenshots or saved copies of these messages are often critical.
- Photographs: Visual evidence, such as photos of inappropriate notes, workplace posters, or physical items, can illustrate a hostile work environment.
- Witness Statements: Colleagues who may have witnessed incidents or observed patterns of harassment can provide valuable testimony. Their statements can validate your experience, showing the harassment’s impact on the work environment.
- Performance Reviews: Reviews or evaluations demonstrating any sudden negative feedback can suggest retaliation if harassment has been reported and subsequently affected work performance.
- Audio or Video Recordings: Recordings can capture inappropriate verbal remarks or situations that may support your claim if permissible.
- Physical Evidence: Any physical items associated with harassment, like offensive gifts or notes, should be preserved, as these can further substantiate your experience.
At Flood Law, we know that facing these challenges isn’t easy, and we’re dedicated to managing the evidence-gathering process for you. If you’re considering a claim, discuss your situation, and we’ll help you explore the options available to support and protect your rights.
Reach out to a Washington DC employment lawyer at our firm today for an initial consultation.
Who can file a workplace sexual harassment lawsuit
Eligibility to file a workplace sexual harassment claim depends on employment status and other factors:
- Employees: Typically have direct standing to bring a case against an employer if they experience harassment by coworkers or supervisors.
- Independent Contractors: May face limitations, as Maryland law doesn’t always provide them with the same protections as employees. However, in cases of severe harassment that directly impacts their ability to work, independent contractors may still have grounds for legal action.
- Protected Classes: Maryland law offers additional protections for specific groups, including gender, race, religion, age, disability, and sexual orientation. Victims who fall within these classes may have further grounds for filing a claim if the harassment was based on discrimination against their protected status.
Who can be held liable for workplace harassment
Liability isn’t limited to just direct perpetrators; employers, managers, and even coworkers may be held accountable if they contribute to or fail to address a hostile work environment.
Below is a breakdown of who may be legally responsible for a harassment claim:
- Employers: Often face liability if they don’t address complaints or put proper preventative measures in place. Maryland law holds employers accountable through vicarious liability, meaning they can be responsible for supervisors’ and employees’ actions when harassment occurs within job duties, even if the employer wasn’t directly involved.
- Supervisors and Managers can be held accountable if they engage in or ignore harassment reports. Their role requires them to help maintain a safe, respectful workplace, and failure to act on incidents of harassment can result in liability.
- Coworkers can be liable, especially in hostile work environment cases, where their actions create a pervasive or intimidating atmosphere.
- Lack of Policies and Procedures: Employers must have effective harassment policies and procedures. Failure to implement or follow these protocols or retaliating against employees who report harassment can increase an employer’s liability.
Can you file criminal charges?
While sexual harassment cases in Maryland are typically handled through civil courts, certain cases may warrant criminal charges. The main difference between civil and criminal actions lies in the purpose: civil cases seek financial compensation for harm, while criminal cases pursue punishment for unlawful behavior.
Criminal charges may apply in cases involving assault, battery, stalking, or sexual abuse, where the harassing conduct includes physical acts or credible threats that violate criminal law.
To pursue criminal charges, victims must report the incident to law enforcement, who will investigate the claims and determine if there’s enough evidence to proceed with a criminal case.
The Maryland legal system requires a high standard of proof in criminal cases, which is why documenting the incidents thoroughly is so important.
Working closely with law enforcement and our experienced employment attorneys can help ensure that justice is pursued appropriately based on the circumstances of each case.
Contact us today to get your sexual harassment complaint procedure started
What damages are available under Maryland law?
Victims of workplace sexual harassment in Maryland may seek several types of damages in a civil lawsuit, which aims to provide compensation for the harm experienced and to deter future misconduct:
- Compensatory Damages: These cover tangible losses such as lost wages due to job loss, demotion, or missed career opportunities. Compensatory damages also include compensation for emotional distress and addressing the anxiety, depression, or trauma caused by harassment. In Maryland, these damages are critical for addressing the financial and psychological impact on victims.
- Punitive Damages: Intended to punish the harasser or the employer (if found negligent) and to deter similar behavior in the future. Maryland courts may award punitive damages in cases where the employer or perpetrator acted with blatant disregard for the victim’s rights, especially if the harassment was severe, repeated, or ignored by supervisors.
Average sexual harassment settlement amounts
Determining the average settlement amount for sexual harassment cases in Maryland is challenging due to the unique nature of each case and the confidentiality of many settlements.
Nationally, settlements can vary widely, with some averages around $53,000, while cases that proceed to court may result in higher awards, averaging over $217,000.
Several factors influence the settlement amounts in sexual harassment cases:
- Severity of Harassment: More egregious or prolonged harassment typically leads to higher settlements.
- Strength of Evidence: Clear, compelling evidence can bolster a case, potentially increasing settlement value.
- Impact on Victim: Demonstrable effects on the victim’s mental health, career, and personal life can influence compensation.
- Employer’s Response: An employer’s failure to address complaints or prevent harassment may result in higher liability.
- Legal Representation: Experienced attorneys can effectively negotiate settlements or advocate in court, affecting the outcome.
Statute of limitations for harassment cases in Maryland
Generally, victims of sexual harassment in the workplace have specific time limits for reporting incidents to the appropriate agencies or filing a civil lawsuit. Individuals may file administrative claims with the Maryland Commission on Civil Rights (MCCR) or the Equal Employment Opportunity Commission (EEOC).
In most cases:
- MCCR: Claims should be filed within six months of the alleged harassment.
- EEOC: Federal law allows victims 300 days from the date of the harassment incident to file a claim.
When pursuing a civil lawsuit, the time limit is usually different. Under Maryland state law, victims have up to three years from the date of the incident to file a sexual harassment lawsuit in court.
This time frame allows victims to seek compensatory damages for the impact of harassment, including emotional distress, lost wages, or punitive damages. Some exceptions may extend or modify these deadlines, particularly if the harassment was ongoing or if the victim was unable to file due to specific circumstances.
An experienced employment lawyer from our firm can determine the exact time limits for your unique case. Contact us today for tailored guidance.
Why hiring a lawyer is important for sexual harassment claims
We can’t stress enough how important it is to hire an experienced knowledgeable sexual harassment lawyer.
With the guidance of a lawyer from Flood Law, victims of sexual harassment can approach their cases with confidence and ensure their rights are fully protected throughout the legal process.
Here’s how legal representation from Flood Law can make a difference:
- Legal Guidance: Our experienced lawyer can help clarify the process, from filing with the Maryland Commission on Civil Rights to pursuing a civil claim, ensuring each step is handled precisely.
- Gathering Evidence: Building a strong case requires solid evidence. Our attorneys can assist in collecting documentation, witness statements, and any other critical evidence that supports the claim.
- Advocating for Victims: A dedicated advocate from our law firm by your side can be invaluable, especially in a hostile work environment or confronting a powerful employer. Our attorneys are well-versed in employment law and can advocate for victims, seeking fair compensation and justice.
- Ensuring Compliance with State and Federal Laws: Maryland has specific laws governing sexual harassment in the workplace. Flood Law’s team provides knowledgeable support to navigate these regulations and maximize the victim’s chances of a favorable outcome.
By hiring an attorney from Flood Law, victims of workplace harassment gain access to a legal team with the skills, experience, and compassion necessary to help them achieve justice.
Reach out for a confidential case review
If you have been involved in an incident of sexual harassment, speak with our employment law firm. At Flood Law, our compassionate and knowledgeable attorneys are here to listen and support you through each step of the process.
Contact us at (240) 403-2619 for a confidential case review where we’ll carefully evaluate your claim, offer expert guidance, and outline all available options for pursuing justice.