Pregnancy Discrimination Laws in Maryland: Your Rights

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employment discrimination based on sex, and the Pregnancy Discrimination Act (PDA), 42 U.S.C. § 2000e(k), explicitly clarifies that discrimination based on pregnancy, childbirth, or related medical conditions is a form of sex discrimination. The PDA applies to employers with 15 or more employees, covering hiring, firing, pay, job assignments, promotions, layoffs, training, and benefits.

Under federal law, pregnant employees must be treated the same as similarly situated non-pregnant employees. If an employer provides accommodations to employees with temporary conditions (such as modified duty or leave) but refuses accommodations for pregnancy-related conditions, this constitutes illegal discrimination. The law requires reasonable accommodations including light duty, modified schedules, temporary leave, and reinstatement to the same or an equivalent position after pregnancy-related leave.

Employees can file charges with the Equal Employment Opportunity Commission (EEOC) within 180 days of the discrimination (or 300 days in dual-filing states like Maryland). The EEOC investigates and can issue a right-to-sue letter, allowing employees to file a civil lawsuit. Remedies include back pay, front pay, reinstatement, compensatory damages for emotional distress, punitive damages, and attorney fees.

Maryland Code, Annotated § 4-702 provides broader protections than federal law by covering employers with as few as one employee, compared to the federal requirement of 15 or more. Under Maryland law, it is an unlawful employment practice for an employer to fail to hire, to discharge, or to otherwise discriminate against an individual because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

Maryland's law explicitly requires that pregnant employees be treated as well as other employees who are similar in their ability or inability to work. This means if an employer provides light duty, modified schedules, or unpaid leave to employees with other temporary medical conditions, the same accommodations must be provided to pregnant employees. Maryland Code § 4-706 further strengthens protections by requiring employers to provide reasonable accommodations related to pregnancy without causing the employee to lose seniority or benefits.

Unlike federal law, Maryland covers all employers regardless of size (one or more employees versus federal requirement of 15+). Maryland does not require a separate charge to be filed with the EEOC first; employees can file directly with the Maryland Commission on Human Relations (MCHR). However, Maryland is a dual-filing jurisdiction, meaning filing with MCHR simultaneously files with the EEOC.

Maryland also provides protection for conditions related to pregnancy and childbirth beyond the narrow focus of federal law. This includes protection for employees who need medical leave, restrictions from certain job duties during pregnancy, or accommodations for postpartum recovery. The state law covers all aspects of employment: hiring, promotion, training, compensation, termination, and benefits.

Important exceptions and limitations to pregnancy discrimination protections in Maryland include the following: An employer may take adverse action if it is based on a legitimate, non-discriminatory reason unrelated to pregnancy, such as poor performance, misconduct, or genuine business reorganization. However, the employer bears the burden of proving the reason is legitimate and non-discriminatory; terminating a pregnant employee and immediately rehiring a non-pregnant person to the same position is evidence of discrimination.

Pregnancy-related accommodations are not required if they impose an undue hardship on the employer's business operations. However, Maryland courts interpret this narrowly; courts look at the actual cost and burden, not speculative or minimal inconvenience. An employer need not provide accommodations that fundamentally alter the nature of the job, but must provide those that are reasonable.

At-will employment does not override pregnancy discrimination protections in Maryland. Even in at-will employment relationships, an employee cannot be fired because of pregnancy. The public policy exception to at-will employment protection specifically protects pregnant employees.

If an employee is on approved medical leave for a pregnancy-related condition, the employer may not terminate the employee solely because the employee is on leave. However, if the employer has a legitimate reduction-in-force or restructuring unrelated to pregnancy, it may apply to pregnant employees, provided it applies equally to all employees in similar situations.

Union/collective bargaining agreements do not override statutory protections against pregnancy discrimination. Even if a union contract exists, its terms cannot be used to justify pregnancy discrimination.

Step 1: Document Everything. Keep detailed records of all communications regarding your pregnancy and work, including emails, text messages, performance reviews, and notes on conversations with supervisors or HR. Document the date, time, people involved, and what was said regarding your pregnancy status, any adverse treatment, denials of accommodation, or negative comments about your pregnancy. Save copies of positive performance evaluations from before you disclosed your pregnancy and any negative ones after, as this can show a pattern of discrimination. Keep medical records related to your pregnancy and any accommodation requests you made.

Step 2: Make an Internal Complaint. Before filing an external charge, submit a written complaint to your employer's HR department or management, clearly stating that you have been discriminated against based on your pregnancy. State the specific dates, what happened, and how it affected you. Keep a copy for yourself and request written acknowledgment of receipt. This step is important because it gives the employer an opportunity to correct the problem and shows you acted in good faith. If your employer has a formal complaint procedure, follow it exactly. Document the employer's response or lack thereof.

Step 3: File a Charge with MCHR. Contact the Maryland Commission on Human Relations at 6 St. Paul Street, Suite 1102, Baltimore, Maryland 21202, phone (410) 767-8600, or visit https://mccr.maryland.gov. You must file within 300 days of the discriminatory act. You can file online, by mail, or in person. The charge must include your name, address, phone number, the employer's name and address, a description of the discrimination (include dates, what happened, and how it was pregnancy-related), and the names of witnesses. You do not need an attorney to file, and there is no filing fee. Filing with MCHR automatically dual-files with the EEOC.

Step 4: Expect the Investigation Process. After you file, MCHR will send you and the employer a notice of charge. The employer will have an opportunity to respond. MCHR typically investigates within 90 to 120 days, though this can extend. During investigation, MCHR may request documents, interview you and the employer, and gather evidence from coworkers or witnesses. You will be asked detailed questions about the discrimination and its impact on you. The employer will be asked to provide evidence of its legitimate reason for the adverse action. MCHR will issue a determination of whether there is probable cause to believe discrimination occurred.

Step 5: Consult an Attorney. If you want to file a private lawsuit or if the charge process moves slowly, consult a civil rights attorney experienced in employment discrimination, particularly pregnancy discrimination. Most work on contingency (you pay nothing unless you win). An attorney can file a lawsuit in Maryland state court or federal court, can help negotiate a settlement, and can ensure your rights are protected throughout. If MCHR issues a determination in your favor, the employer may appeal or you may proceed to litigation. An attorney can advise whether to continue through MCHR or file in court immediately.