If you’re experiencing sexual harassment in Maryland, immediately start documenting incidents, including dates, locations, and details, and report the harassment to your HR department or a supervisor.
Seeking guidance from a skilled attorney from our firm can also be key in protecting your rights and managing the legal process effectively.
In Maryland, workplace sexual harassment remains a high-priority issue, with numerous charges filed under Title VII from FY 2018 through FY 2021.
Maryland law mandates that employers with 50 or more employees report past sexual harassment settlements to the Maryland Commission on Civil Rights, truly showing the state’s commitment to accountability and transparency in addressing workplace harassment.
Who is covered by Maryland sexual harassment laws?
Maryland sexual harassment laws protect various groups to ensure safe and equitable workplaces. These laws fully protect employees against harassment by coworkers, supervisors, or even third parties connected to their employment.
Independent contractors also receive certain protections, recognizing that they, too, deserve harassment-free work environments despite not being classified as traditional employees.
Maryland extends these protections further to interns, acknowledging that their employment status should not exclude them from a safe and respectful workplace.
If you believe you may qualify for a sexual harassment case under Maryland law, reach out to a Rockville employment lawyer for a confidential consultation. We’re here to discuss your situation and help you understand your legal options.
What constitutes sexual harassment in Maryland?
In Maryland, sexual harassment is defined under both federal and state law as unwelcome sexual conduct that impacts a person’s work environment or employment status. The law covers a range of behaviors, from verbal and physical harassment to inappropriate demands or comments.
Maryland law specifically recognizes two primary forms of sexual harassment: quid pro quo and hostile work environment harassment. Each form has distinct characteristics, and understanding these differences can help individuals identify whether their experiences qualify as harassment under Maryland statutes.
Quid Pro Quo Sexual Harassment
Quid pro quo, Latin for “this for that,” refers to a type of harassment where employment benefits or decisions are contingent on the victim’s response to unwelcome sexual advances.
In these situations, a supervisor or person in authority may imply or directly state that an employee’s job security, promotion, or other employment benefits depend on their willingness to engage in a sexual or romantic relationship.
Quid pro quo sexual harassment can occur in any scenario where a superior attempts to leverage their authority to secure sexual favors, including threats of termination or offering preferential treatment in exchange for compliance.
Under Maryland law, such behavior is unlawful, and individuals experiencing this form of harassment have grounds for legal action.
Hostile Work Environment Sexual Harassment
A hostile work environment occurs when an employee is subjected to ongoing, unwelcome conduct of a sexual nature that creates an intimidating, offensive, or abusive workplace. To qualify as a hostile work environment in Maryland, the harassment must be severe or pervasive enough to affect the victim’s ability to perform their job.
Unlike quid pro quo harassment, which typically involves a single incident or demand, hostile work environment harassment often involves repeated actions, such as unwanted comments, jokes, or gestures of a sexual nature.
To meet the criteria for a hostile work environment, the following factors are generally considered:
- Frequency and Severity: The extent of the harassment and how often it occurs.
- Physical Threats or Humiliation: Whether the harassment includes threats or physically intimidating behavior.
- Interference with Work Performance: The degree to which the harassment impacts the victim’s ability to perform their duties.
If you believe you have experienced quid pro quo or hostile work environment harassment, contacting a Washington DC employment lawyer at Flood Law can help clarify your rights and determine if you have grounds for a claim under Maryland’s sexual harassment laws.
Examples of sexual harassment in the workplace
Here is a list of common examples that may qualify as sexual harassment under Maryland law:
- Verbal Comments: Repeatedly making sexual comments, inappropriate jokes, or remarks about someone’s appearance, body, or clothing.
- Inappropriate Touching: Unwanted physical contact, such as touching, hugging, patting, or brushing against someone suggestively or uncomfortably.
- Suggestive Gestures: Making lewd gestures or requests for sexual favors, such as mimicking sexual acts or sending explicit photos or images.
- Sexual Advances: Making unwanted sexual advances or repeatedly asking a colleague for dates despite clear refusal.
- Sharing Explicit Materials: Sending or displaying sexually explicit materials, such as emails, texts, images, or videos, in a work environment.
- Quid Pro Quo Proposals: Offering job benefits (promotions, raises) or threatening job loss in exchange for sexual favors.
- Offensive Comments about Gender or Sexual Orientation: Insulting or demeaning someone based on their gender, gender identity, or sexual orientation.
- Obscene or Harassing Calls/Texts: Persistently calling, texting, or emailing with suggestive or harassing messages.
- Sexual Rumors: Spreading false or harmful rumors about an individual’s sexual behavior or relationships.
State of Maryland harassment laws
Maryland has an all-around legal framework that prohibits sexual harassment in the workplace. This includes both state and federal laws designed to protect employees from discrimination and harassment.
Maryland law applies to private employers, state and local government employees, and various public entities.
- Federal Protections under Title VII: Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin. Sexual harassment is considered a form of sex discrimination under this federal statute, which applies to employers with 15 or more employees.
- Maryland’s Fair Employment Practices Act (FEPA): Maryland’s FEPA extends beyond federal protections, covering employers with as few as 15 employees and prohibiting discrimination based on race, color, religion, sex, age, national origin, marital status, sexual orientation, and gender identity. FEPA offers more comprehensive protections than federal law, making it a valuable tool for Maryland workers facing harassment.
- Legislative Updates: Recent legislative changes in Maryland have strengthened protections against workplace harassment. For instance, employers with 50 or more employees must disclose settlements related to sexual harassment to the Maryland Commission on Civil Rights. This increased transparency aims to address and deter recurring incidents within organizations.
If you are experiencing workplace harassment or want to learn more about your rights under Maryland’s sexual harassment laws, consider contacting Flood Law for a confidential consultation.
Legal obligations for Maryland employers
In Maryland, employers must take specific actions to prevent and address sexual harassment, creating a safe and respectful work environment for all employees. Key responsibilities include:
- Establishing a Clear Sexual Harassment Policy: Employers must have a written policy outlining sexual harassment, examples of prohibited behaviors, and steps for filing complaints. This policy should be accessible to all employees.
- Providing Employee Training: Although not mandated statewide, regular sexual harassment training is recommended for all employees, especially supervisors. Training should cover recognizing, preventing, and reporting harassment.
- Implementing Reporting Mechanisms: Employers must provide safe and confidential methods for reporting harassment, such as direct HR contact, anonymous hotlines, or third-party complaint systems. Employees should be fully informed of these options.
- Prompt Investigation and Resolution: Employers must investigate complaints and promptly take corrective action, if necessary. Investigations should be thorough, impartial, and well-documented.
- Protecting Employees from Retaliation: Retaliation against employees who report harassment or participate in investigations is strictly prohibited. Employers should implement anti-retaliation policies and follow up with complainants to ensure ongoing safety.
How to recognize the signs of sexual harassment
Identifying sexual harassment can be challenging, but certain behaviors often signal its presence in the workplace. Key signs to look for include:
- Inappropriate or Unwelcome Comments: Persistent offensive jokes, remarks, or comments of a sexual nature, especially about appearance or personal life, can indicate harassment.
- Physical Contact: Unwanted touching, hugging, patting, or brushing up against someone often signals harassment, particularly if it makes others uncomfortable.
- Suggestive Gestures or Behaviors: Explicit gestures, winking, or staring in an invasive way can create a hostile environment. Sharing or displaying inappropriate materials, such as explicit images or texts, is also a form of harassment.
- Exclusionary Behavior: Deliberately excluding someone from meetings, work events, or projects can be considered passive harassment, especially if it is done in retaliation for rejecting advances.
- Retaliation Against Those Who Report Harassment: Sudden changes in responsibilities, demotions, or termination following a report of harassment may indicate retaliation, which is also prohibited.
- Signs of Psychological Distress: Increased absenteeism, productivity declines, or sudden mood changes can sometimes indicate that someone is experiencing harassment and distress in the workplace.
If you think that you’ve been the victim of these behaviors, reach out to us in the strictest confidence
What to do if you are a victim of harassment
If you are experiencing harassment, here’s a straightforward guide on the steps you can take to protect yourself and document the situation:
- Document Each Incident: Write down the date, time, location, individuals involved, and details of each incident. Keep any related emails, messages, or voicemails as evidence.
- Consider Speaking Up: If it feels safe, let the harasser know their unwelcome behavior and ask them to stop. This step is optional but can help establish your stance.
- Report to HR or Your Supervisor: File a formal complaint following your company’s reporting procedures. Keep copies of any documents you submit.
- Request a Written Response: Ask HR to confirm they’ve received your complaint and will investigate. Save all correspondence for your records.
- Consult a Flood Law Attorney: A knowledgeable sexual harassment attorney from our firm can advise you on your rights and guide you through possible next steps.
- Seek Emotional Support: Talk to trusted friends, family, or a counselor to help you process the experience.
- File a Charge with the EEOC or Maryland Commission on Civil Rights: If the harassment continues or your complaint is ignored, filing with these agencies may be necessary—this is a step we will take for you.
- Document Retaliation: If you experience retaliation, such as demotion or negative reviews, document each instance. Retaliation is illegal and strengthens your case and we can advise on what to do if you’re in this situation.
When to contact an employment lawyer
If you’re dealing with sexual harassment in the workplace, certain situations make it essential to seek legal help. Consider contacting an employment lawyer if you’re experiencing:
- Retaliation: If your employer has taken negative actions against you after you reported harassment, such as demotion, termination, or reduced hours.
- Lack of Action: When your employer fails to address your harassment complaints or dismisses your concerns without investigating.
- Hostile Work Environment: If the harassment has created an intolerable workplace, impacting your ability to do your job comfortably or effectively.
- Legal Guidance on Filing: An employment lawyer can guide you through the process, necessary documentation, and your rights when preparing to file a complaint or lawsuit.
- Compensation Claims: If you’re considering seeking damages for emotional distress, lost wages, or other impacts, legal counsel ensures you pursue fair compensation.
Contact our law firm for a confidential consultation
We understand how difficult it can be to come forward with a sexual harassment claim. If you’re considering your options, know that our team at Flood Law is here to listen and support you after experiencing sexual harassment at work.
Contact us today at (240) 403-2619—our experienced attorneys are ready to provide clear guidance and compassionate help as we evaluate your case together.