LegalReader.com  ·  Legal News, Analysis, & Commentary

Crimes

What’s the Difference Between State and Federal Sexual Harassment Laws in Maryland?


— January 4, 2022

Whether you go by state laws or federal laws, sexual harassment is always illegal in Maryland workplaces. 


It’s always a little confusing when a US state and the federal government have very similar laws that pertain to the same offenses. If you have experienced sexual harassment in Maryland, you might not be sure which laws actually apply to your situation. Are you protected under state laws, or should you hold your employer accountable under federal laws? What exactly is the difference between state and federal laws when it comes to sexual harassment?

These questions can be answered by a qualified, experienced sexual harassment attorney in Maryland. Get in touch with one of these legal professionals, and you can determine the best course of action. Your attorney can listen carefully to your unique situation during an initial consultation before recommending the most logical path forward. Whether you go by state laws or federal laws, sexual harassment is always illegal in Maryland workplaces. 

How Maryland Handles Sexual Harassment Cases

Maryland has a number of organizations that are involved in sexual harassment cases. Firstly, the Maryland Department of Labor of Fair Practices receives complaints of sexual harassment and gender-based discrimination. Also known simply as the “OFP,” this organization takes these complaints very seriously and investigates them fully. 

Employers with at least 50 employees are also required to report information about sexual harassment settlements to the Maryland Commission on Civil Rights, also known simply as the “MCCR.” The reporting requirements are quite complex, and employers must provide this organization with a considerable amount of information. 

What are Maryland’s Sexual Harassment Laws?

Maryland makes sexual harassment illegal for any employer, regardless of how many people they employ. A wide range of behavior may constitute sexual harassment, including:

Example of sexual harassment; U.S. Army photo by Timothy L. Hale/Released, via Army.mil, public domain.
Example of sexual harassment; U.S. Army photo by Timothy L. Hale/Released, via Army.mil, public domain.
  • Unwelcome sexual advanced (written or verbal)
  • Inappropriate sexual comments
  • Gender-based discrimination
  • Unwelcome physical sexual acts
  • Circulating photographs of a sexual nature

Federal Laws Explained

While Maryland prohibits sexual harassment regardless of how many workers a company employs, federal law only applies to companies with 15 or more employees. This means that Maryland provides a greater degree of protection to a wider range of employees compared to the federal government. So why would you ever want to file a lawsuit based on federal laws instead of state laws? Well, this may be the only option if you were employed by an out-of-state company. Otherwise, you will likely have greater success by going through the local state system in Maryland. 

Enlist the Help of a Qualified Sexual Harassment Attorney Today

If you’ve been searching the Baltimore area for a qualified, experienced sexual harassment attorney, there are plenty of legal professionals waiting to assist you. With help from one of these professionals, you can take decisive legal action and ensure that guilty parties are held accountable. Perhaps most crucially, you can receive a settlement after a successful lawsuit. This compensation can provide you with a sense of justice and closure. Book your consultation today. 

Join the conversation!