Military Status Discrimination Laws in Maryland

The Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4311, is the primary federal statute protecting military service discrimination. USERRA applies to all employers in the United States with no employee threshold. The law prohibits discrimination against individuals because of their military service status and requires employers to grant unpaid leave for military duty, training, and service.

USERRA covers active duty, reserve duty, National Guard service, and certain service academy commitments. Covered employees have the right to reemployment in the same or comparable position upon return from active duty service lasting up to 5 years (with limited exceptions). Employers cannot discriminate in hiring, advancement, compensation, discharge, or any other term or condition of employment based on military service.

The Department of Labor, Veterans Employment and Training Service (VETS) enforces USERRA. Remedies include reinstatement, back pay, lost benefits, seniority adjustments, and attorney fees. Employees may file a complaint with VETS or pursue private civil action in federal or state court. The statute of limitations for civil action is 3 years from the date of the violation.

Maryland's military discrimination protection is codified in Maryland Code, Labor and Employment Article § 20-606, which explicitly protects military service status as a protected class in employment decisions. Maryland's law provides parallel protection to federal USERRA but operates independently and covers different circumstances. Under state law, it is unlawful for any employer with one or more employees to discriminate against an individual in hiring, compensation, advancement, discharge, or any term or condition of employment because of military service status.

Maryland's statute is broader in some respects than USERRA. While USERRA focuses primarily on reemployment rights after military leave, Maryland's law directly prohibits discrimination based on the status of being a service member or veteran regardless of whether the employee took military leave. This means an employer cannot refuse to hire someone solely because they are a member of the National Guard or have prior military service, even if no leave is involved.

Maryland employers covered include all private employers and public employers with one or more employees. The definition of military service under Maryland law includes active duty, reserve duty, and National Guard service in the U.S. military services. Maryland law does not specify a length limit on protected service like USERRA's 5-year standard.

State remedies include back pay, front pay, reinstatement, restoration of benefits, compensatory damages for emotional distress or injury to reputation, and attorney fees. Punitive damages are available if the violation is willful. The Maryland Department of Labor administers complaint investigations under this statute. State law operates concurrently with USERRA, meaning an employee may file under both state and federal protections simultaneously.

Maryland's military discrimination law excludes certain employers. Federal government agencies are covered separately under federal law and USERRA rather than Maryland state statute. However, private employers, state agencies, and local government employers are covered.

Bona fide occupational qualifications may apply in limited circumstances. An employer may impose security clearance requirements, military rank limitations, or duty restrictions based on legitimate job-related necessities if the restriction is essential to the position. For example, certain law enforcement or government contractor positions may require specific clearances that some service members cannot obtain.

USERRA contains a specific exception: employers are not required to provide reemployment if the employee's cumulative military service exceeds 5 years, with certain statutory exceptions for military service-related injuries and National Guard service. However, discrimination protection still applies even if reemployment is not required.

At-will employment does not provide an exception to military discrimination law. An employee can be at-will but still cannot be discharged solely because of military service status. However, an employer may discharge an at-will employee for legitimate, non-discriminatory reasons even if the employee is a service member.

Union employees are protected under both state law and federal law. Collective bargaining agreements cannot override or reduce military service protections. Temporary employees, contract workers, and volunteers are generally covered under USERRA; Maryland law extends protection broadly to any individual employed.

Step 1: Document the discrimination immediately. Record the date, time, location, and specific action (denial of hire, demotion, discharge, wage denial, adverse evaluation). Write down the employer's statements if they referenced military service or status. Obtain copies of termination letters, email communications, performance reviews, or hire-rejection notices. Keep evidence of your military service documentation (DD-214, military ID, orders). Preserve all communications with managers, HR, or coworkers regarding military status.

Step 2: Follow internal complaint procedures if available. Report the discrimination to your HR department or direct supervisor in writing (email preferred for record). State clearly that you believe discrimination based on military service has occurred. Keep a copy of this report and any responses. Document the date you submitted the complaint and to whom. This creates an internal record and may encourage the employer to correct the behavior voluntarily. Do not resign unless the discrimination makes the work environment intolerable (constructive discharge claim).

Step 3: File with Maryland Department of Labor if pursuing state law claim. Visit labor.maryland.gov or call the Workforce Development office at (410) 230-6001. You have 2 years from the date of discrimination. Provide the EEOC with a written complaint that includes: your name and contact information, employer name and address, date of alleged discrimination, description of the discriminatory action, your military service dates or status, and any witnesses. You may file electronically or by mail to the Maryland Department of Labor, Workplace Rights Bureau, 500 N. Calvert Street, Baltimore, MD 21202.

Alternatively, file a federal charge with the EEOC (also covers military status in some circumstances) or proceed directly to federal court under USERRA. The EEOC accepts charges at eeoc.gov or by calling 1-800-669-4000. The federal filing deadline under USERRA is 3 years from the violation. Provide the DOL VETS office with a USERRA complaint at vets.dol.gov or call the USERRA Help Line at (866) 4-USERRA.

Step 4: Expect the investigation process to take 60-180 days depending on complexity. The investigating agency will notify the employer of the charge and request a response. The employer will have an opportunity to provide documentation and witnesses. You may be requested to provide additional evidence or clarify your complaint. The agency will conduct interviews with relevant parties. Once complete, you will receive a determination letter stating whether discrimination occurred. If resolved in your favor, the agency may issue a right-to-sue letter (federal cases) or findings of violation (state cases).

Step 5: Consult an employment attorney experienced in military discrimination or USERRA law if the agency finds violation or if you wish to file in court. An attorney should be consulted before or immediately after filing if the discrimination resulted in job loss, significant wage loss, or demotion. Many employment attorneys work on contingency (no upfront fees; paid from settlement or judgment). An attorney can help calculate damages, negotiate settlements, and represent you in litigation. If you win, the employer must pay your attorney fees.