Sexual harassment in the Maryland workplace is illegal—yet common.
Studies suggest that as many as 81% of women will be (or have been) sexually harassed at work (and up to 41% of men). And often, people of color and sexual or gender-minority individuals face increased instances of workplace sexual harassment. What is common to all, however, is that sexual harassment in the workplace can be stigmatizing, humiliating, and deeply traumatizing.
One of the challenges in combatting sexual harassment at work in Maryland is that very few victims come forward. A 2016 report by the U.S. Equal Employment Opportunity Commission (EEOC) found that three out of four individuals who experienced sexual harassment at work never even talked to a supervisor, manager, or union representative about the harassing conduct. At the Employment Law Center of Maryland, we understand our clients’ fears of isolation, inaction, or social and professional retaliation for complaining of sexual harassment (even after the #MeToo movement rocked the status quo in 2017). But it is also our experience that workplace sexual harassment is rarely an isolated incident—and standing up against one instance of sexual harassment can help countless other victims, and prevent it from happening to others.
If you’re facing workplace sexual harassment in Maryland, contact us today for a confidential consultation with a Maryland sexual harassment lawyer.
The primary federal law prohibiting sexual harassment at work is Title VII of the Civil Rights Act of 1964 (Title VII).
Other federal laws are sometimes implicated, such as the the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), which prohibits sexual harassment in some situations where members of the military are involved, but most federal workplace sexual harassment claims are brought under Title VII.
Title VII makes it unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
Under Title VII (and Maryland’s sexual harassment laws), the victim and the sexual harasser can be of any sex or gender, and the victim and harasser can be the same sex or gender.
Title VII of the Civil Rights Act of 1964 (Title VII) doesn’t prohibit simple teasing or joking of a sexual nature—but this can constitute workplace sexual harassment when:
it is so frequent or severe that it creates a hostile or offensive work environment; or,
when it results in an adverse employment action (such as being fired, demoted, or not promoted).
Sexual harassment in the workplace is illegal in Maryland under Md. Code, State Gov’t § 20-606 (Title 20), which is very similar to Title VII in many respects.
Like Title VII, Maryland’s Title 20 states that it is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Maryland’s sexual harassment laws underwent major changes in 2019 as a result (at least in part) of the #MeToo movement. Effective October 1, 2019, Maryland employers are responsible for addressing sexual and other illegal forms of harassment in the workplace.
The 2019 law expands coverage for people complaining of illegal harassment in two important ways. First, independent contractors will now be afforded the law’s protections. Under Title VII, employers with fewer than 15 employees have been exempt from employment discrimination laws in the state and federal systems (though some Maryland counties have lower thresholds). Second, employers with at least one employee are now subject to the law’s reach.
Lastly, employees or independent contractors who complain of harassment have a longer time period to file a charge of discrimination (now two years instead of six months), and file suit (three years instead of two).
This new law applies only to charges of discrimination under state law (not Title VII).
The following Maryland county codes prohibit sex or gender discrimination (and by extension, sexual harassment) in the workplace, and allow for discrimination lawsuits to be filed charging violations of county fair-employment statutes or codes:
Baltimore County. The Baltimore County Code prohibits sexual harassment in the workplace by employers of any size.
Frederick County. The Frederick County Code prohibits sexual harassment in the workplace by employers with at least 15 employees.
Howard County. The Howard County Code prohibits sexual harassment in the workplace by employers with at least 5 employees.
Montgomery County. The Montgomery County Code (specifically, the Human Relations Law) prohibits sexual harassment in the workplace by employers of any size.
Prince George’s County. The Prince George’s County Code prohibits sexual harassment in the workplace by employers of any size.
At the Employment Law Center of Maryland, we consider federal, state, and county laws in assessing every workplace sexual harassment case. If you need a Maryland sexual harassment lawyer, contact us for a confidential lawyer consultation.
Whether you’re suing for sexual harassment under federal or state laws, the procedure is largely the same (though some important deadlines differ). 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).
If you’re filing with the the U.S. Equal Employment Opportunity Commission (EEOC), you’ll need to file your complaint of workplace sexual harassment 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 sexual harassment within two years (as of 2019) of the discriminatory act.
After you file your complaint of sexual harassment, 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.
In particularly egregious sexual harassment cases, 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 sexual harassment, the agency will not be able to or willing to prosecute their case. This is why having a skilled Maryland sexual harassment lawyer is critical—as they can pursue your case before any of these courts.
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 sexual harassment lawsuit in state or federal court.
At a basic level, sexual harassment is any repeated and unwanted verbal, nonverbal, or physical advance of a sexual nature (for example, looks, touches, jokes, gestures, or innuendos) by someone in the workplace, which impedes an individual’s enjoyment of their work, their ability to do their work, or their employment opportunities (think hiring or promotions). The U.S. Equal Employment Opportunity Commission (EEOC) has additional fact sheets on the various types of conduct that can constitute sexual harassment.
Sexual harassment sometimes appears as a “friendly” arm around the shoulder or waist or “accidental” brushes or touches at work. It can also happen outside of the office, at happy hours or even off-site trainings.
Sexual harassment doesn’t include relatively isolated events or incidents (for example, where one employee asks another out for a date and, once rejected, does not ask again). For this type of conduct to rise to the level of sexual harassment in the legal sense, it must be severe or pervasive.
At the Employment Law Center of Maryland, we asses every sexual harassment case to determine whether the legal requirements for a claim of workplace sexual harassment are met. Contact us today for free, confidential consultation with a Maryland sexual harassment lawyer.
There are two types of sexual harassment: quid pro quo, and hostile work environment sexual harassment.
Quid pro quo harassment translates to “this for that” and applies where a supervisor seeks sexual favors in return for a job benefit (for example, a promotion, additional job benefits, or raise) or to avoid a job detriment (for example, a demotion, pay cut, or even termination). Quid pro quo harassment requires an actual (or tangible) employment consequence (often referred to as an adverse employment action) of refusing to submit to a harasser’s demands. For example, an employee being demoted for not submitting to sexual demands of his or her direct supervisor. An unfulfilled threat of an employment action may look like quid pro quo harassment, but unless the supervisor actually carries out the threat, this type of harassment is legally considered hostile work environment sexual harassment.
Hostile work environment sexual harassment is any conduct directed at an employee because of that employee’s sex or gender that unreasonably interferes with the employee’s work performance or creates an intimidating, hostile or offensive working environment. Examples of hostile work environment sexual harassment include:
Inappropriate hand or body gestures
Unwanted sexual advances or touching
Sharing or displaying sexually-charged material, such as pornography
Gender or sex-related jokes
Offensive remarks about your looks, body parts, or clothing
The legal requirements for proving a sexual harassment claim are different for quid pro quo and hostile work environment sexual harassment. At the Employment Law Center of Maryland, we can help you determine which type applies to your individual circumstances. Contact us today for a free, confidential consultation with a Maryland sexual harassment lawyer.
A 2010 study done by Lawyers for Civil Justice found that an average out of court settlement for sexual harassment in the workplace is about $40,000, and that approximately 10% of cases resulted in a settlement of at least $1 million. As you can see, this is a wide range.
The following factors tend to influence the settlement amount of an sexual harassment in the workplace case:
The facts of the case (e.g., was the harassment particularly outrageous or egregious?)
The evidence available (documents, text messages, emails, etc.)
Your credibility
The skill and work ethic of your age discrimination lawyer
At the Employment Law Center of Maryland, we litigate every single workplace sexual harassment case as if it’s going to trial, putting our clients in the strongest possible position to settle or win their case. Contact us today for a free, confidential consultation with a Maryland sexual harassment lawyer
You should talk to a sexual harassment lawyer as soon as possible after encountering sexual harassment in the workplace.
First, at the Employment Law Center of Maryland, many of our clients don’t realize that there’s a wide range of actions we can take (short of filing a lawsuit) to remedy sexual harassment at work. From helping you communicate with HR to settling the issue without court involvement, we have the most tools at our disposal the earlier a client comes to us.
Second, there are varied (depending on whether federal, state, or local law applies) deadlines to filing sexual harassment complaints, and letting a situation of sexual harassment linger runs the risk of preventing you from taking legal action to defend your workplace rights.
At the Employment Law Center of Maryland, we offer a free, confidential consultation with a Maryland sexual harassment lawyer, and can often arrange a same-day consultation. Contact us today for more information.
For additional resources on sexual harassment in the Maryland workplace, check out the following helpful links:
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