Sexual Orientation Discrimination Laws in Maryland

Federal law—specifically Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e—was historically interpreted to exclude sexual orientation. However, in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), the U.S. Supreme Court held that discrimination based on sexual orientation is discrimination based on sex, and therefore violates Title VII. This landmark decision applies to private employers with 15 or more employees, as well as federal, state, and local government employers.

The Equal Employment Opportunity Commission (EEOC) enforces Title VII. Remedies available federally include compensatory damages (for emotional distress, humiliation, and other harms), punitive damages (in some cases), back pay, front pay, reinstatement, and attorney's fees and costs. However, there are caps on damages: combined compensatory and punitive damages are capped at $50,000 to $300,000 depending on employer size.

An employee has 180 days (or 300 days in a deferral state like Maryland) to file an EEOC charge. The EEOC will investigate and issue a right-to-sue letter, which must be obtained before filing a federal lawsuit.

Maryland law provides stronger protections than the federal baseline in several important ways. Maryland Code, Human Services § 16-605 explicitly prohibits discrimination based on sexual orientation—making Maryland's protection clear and unambiguous, predating and complementing the Bostock decision.

Under Maryland law, private employers with 15 or more employees are covered, matching the federal threshold. However, Maryland also covers all state and local government employers regardless of size, providing broader coverage than federal law for public sector workers. This means a town or city with just one employee cannot legally discriminate based on sexual orientation.

Maryland's definition of sexual orientation is comprehensive: it includes heterosexuality, homosexuality, and bisexuality. The statute applies to all aspects of employment: hiring, firing, compensation, job placement, promotion, demotion, layoffs, recall, job assignments, referrals, training (including apprenticeships), working conditions, and benefits.

The MCHR, not the EEOC, is the primary enforcer in Maryland. An employee may file a complaint directly with MCHR within 6 months of the discriminatory act. If MCHR finds probable cause of discrimination, it attempts conciliation. If conciliation fails, MCHR holds a hearing before an administrative law judge, who can issue an order requiring the employer to stop the discrimination and provide remedies.

Remedies available under Maryland law include back pay, front pay, reinstatement, compensatory damages for emotional distress and loss of dignity, and attorney's fees and costs. Unlike federal law, Maryland does not impose a cap on compensatory damages, giving injured employees potentially greater recovery.

You have 6 months from the date of discrimination to file a complaint with the Maryland Commission on Human Relations (MCHR).

Private employers must have 15 or more employees to be covered under Maryland law.

All state and local government employers are covered regardless of employee count.

If MCHR does not resolve your complaint within 180 days, you may request a hearing before an administrative law judge.

You may file a concurrent federal charge with the EEOC within the same 6-month window; the EEOC and MCHR have a dual-filing agreement.

Maryland's sexual orientation discrimination law contains important exceptions and limitations. First, the law applies only to employers with 15 or more employees (in the private sector), so small businesses with fewer than 15 employees are not covered under state law—though they may still be subject to federal Title VII protections under Bostock.

Second, certain religious organizations may be exempt from coverage under Maryland law when hiring for positions involving religious functions or doctrines. However, this exemption is narrower than some federal religious exemptions and has been subject to judicial scrutiny.

Third, the statute of limitations is 6 months from the date of the alleged discrimination. If you do not file a complaint with MCHR within this period, you forfeit your right to bring a state claim. This is a strict deadline with few extensions or exceptions; late-filed complaints are typically dismissed.

Fourth, at-will employment remains the default rule in Maryland. An employer can still fire an employee for any reason or no reason—but not for an illegal reason, such as sexual orientation. An employee cannot claim discrimination unless they can show the adverse employment action was motivated at least in part by their sexual orientation.

Fifth, legitimate, nondiscriminatory reasons for termination (poor performance, misconduct unrelated to sexual orientation, reduction in force) are valid defenses. An employer is not liable if it can prove it would have taken the same action regardless of the employee's sexual orientation.

Sixth, federal contractors and subcontractors may have additional compliance obligations under Executive Order 11246, which prohibits sexual orientation discrimination in federal contracts.

Step 1: Document the Discrimination. Keep detailed records of all discriminatory conduct. Write down the date, time, location, what was said or done, who was present, and how it affected you. Preserve emails, texts, performance reviews, pay stubs, and any written policies. Take screenshots if evidence is digital. If harassment occurred, document each incident. If you were fired, obtain a copy of your termination letter and final paycheck. Email these records to your personal email account so you have a secure backup. Documentation is critical—without it, your claim is much harder to prove.

Step 2: Report Internally and Preserve the Record. Review your employee handbook to understand your company's complaint procedure. If one exists, file a written complaint with HR or management, following the stated process. Use the word "discrimination" in your complaint and specifically reference sexual orientation. Keep a copy of what you submitted and get a receipt or confirmation of delivery. This step matters because it gives the employer a chance to stop the conduct and can affect the damages you recover. Even if you don't believe the employer will take action, documenting your internal complaint creates a paper trail and may limit the employer's liability defenses.

Step 3: File a Complaint with the Maryland Commission on Human Relations (MCHR). You must file within 6 months of the discriminatory act. You may file online, by mail, or in person. The MCHR office is located at 6 Saint Paul Street, Suite 900, Baltimore, MD 21202. Phone: (410) 767-8600. Website: mccr.maryland.gov. In your complaint, include: your name and contact information; the employer's name, address, and size (number of employees); the date(s) of discrimination; a detailed description of what happened and how it relates to your sexual orientation; the names of witnesses; and the harm you suffered (lost wages, emotional distress, etc.). You can also file a concurrent federal charge with the EEOC (www.eeoc.gov) if you prefer—Maryland and the EEOC have a dual-filing agreement, so filing with one agency counts toward both.

Step 4: MCHR Investigation and Resolution Process. After you file, MCHR will send the employer a copy of your complaint. The employer has an opportunity to respond. MCHR will then investigate by interviewing you, the employer, and witnesses. This process typically takes 60–180 days, though it can extend longer if the case is complex. MCHR will examine whether there is "probable cause" to believe discrimination occurred. If MCHR finds probable cause, it will attempt conciliation (a settlement negotiation). Many cases settle during conciliation. If conciliation fails, MCHR will schedule a hearing before an administrative law judge. At the hearing, you present evidence and testimony; the employer does the same. The judge issues a decision. If the judge finds discrimination, the employer may be ordered to cease the discrimination, reinstate or rehire you, pay back pay and front pay, pay compensatory damages, pay your attorney's fees, and post notices about employees' rights.

Step 5: Consult an Employment Attorney. Contact an employment law attorney before or immediately after filing your complaint. An attorney can help you gather evidence, draft your complaint, negotiate during conciliation, prepare for the hearing, and appeal an unfavorable decision. Many employment attorneys work on a contingency fee basis (you pay only if you win) or on a fee-sharing arrangement. The Maryland State Bar Association (www.msba.org) has a lawyer referral service. An attorney specializing in employment discrimination is essential if your case is complex, involves significant damages, or if the employer is large and well-represented.