Your County May Protect You More Than State or Federal Law: A Guide From Wrongful Termination Lawyers in Maryland

Most people who lose a job for a discriminatory reason think about two layers of law: federal statutes like Title VII and Maryland’s own civil rights law. In parts of Maryland there is a third layer. Several counties have their own anti-discrimination codes, and in a few of them a state statute lets fired employees take a county-law claim straight to court. Wrongful termination lawyers in Maryland check where you worked as early as what happened, because the county line can change which claims you have and how much time you have to bring them.

How does Maryland state law already go beyond federal law?

The Maryland Fair Employment Practices Act, codified in Title 20 of the State Government Article, covers more protected characteristics than federal law does. Its list includes sexual orientation, gender identity, genetic information, and marital status, along with the categories federal law protects, such as race, sex, age, religion, and disability.

It also reaches smaller workplaces in one important area. Discrimination claims under the Act generally apply to employers with 15 or more employees, but its harassment protections extend to employers of any size. A worker harassed at a five-person office has a state claim even though Title VII would not apply.

County law starts where the state law leaves off.

Which Maryland counties have their own employment discrimination laws?

Montgomery, Prince George’s, Howard, and Baltimore counties all have local anti-discrimination codes enforced by county human rights or human relations offices. Several other jurisdictions, including Anne Arundel County, Frederick County, and Baltimore City, also have local commissions, according to the Maryland Commission on Civil Rights.

What makes these codes valuable is that some protect traits neither state nor federal law covers. Howard County and Prince George’s County codes, for example, include protections based on personal appearance and political opinion. Montgomery County’s code includes family responsibilities, which can matter for a parent or caregiver who is pushed out after asking for a schedule change. These categories can turn a firing that looks lawful under state and federal law into a viable claim.

The exact list of protected traits and the employers covered differ by county, and local councils amend these codes periodically. Check the current version of the code for the county where you worked.

Can you sue your employer for violating a county discrimination law?

In Howard, Montgomery, and Prince George’s counties, yes. Section 20-1202 of the State Government Article allows a person subjected to discrimination prohibited by those county codes to bring a civil action for damages, injunctive relief, or other civil relief. Counties cannot create private lawsuits on their own, so this state statute supplies the right to sue.

The statute sets a waiting period first. An employment claim under Section 20-1202 cannot be filed in court sooner than 45 days after you file a complaint with the county office that handles discrimination cases. A court may also award the winning party reasonable attorney’s fees, expert witness fees, and costs.

Baltimore County works differently. Section 20-1203 allows a lawsuit under the Baltimore County code only for employees of employers with fewer than 15 employees, and it must be filed in the Circuit Court for Baltimore County within two years. That fills a gap for workers at small businesses too small for most state and federal discrimination claims.

Should you file with the county, the state, or the EEOC?

Often the answer is more than one, and the order matters. A charge with the EEOC or the Maryland Commission on Civil Rights must generally be filed within 300 days of the discriminatory act. County complaint procedures and lawsuit deadlines run on their own clocks.

The choice affects more than timing. Federal law caps compensatory and punitive damages under Title VII at between $50,000 and $300,000, depending on employer size. A claim built on a county-protected trait may be the only claim available if the trait is not covered by state or federal law. Filing in the wrong place, or letting one deadline pass while waiting on another agency, can close off options that were open on the day you were fired.

When should you talk to wrongful termination lawyers in Maryland about county law?

As soon as you suspect your firing was discriminatory, and before you file anything on your own. Bring the address where you actually worked, not just the company’s headquarters, since county coverage usually turns on where the work happened.

Maryland gives workers more protection than many people expect, but that protection is spread across federal, state, and local law with different rules for each. If you were fired in Montgomery, Prince George’s, Howard, or Baltimore County, or anywhere else in the state, The Mundaca Law Firm’s wrongful termination lawyers in Maryland can identify every claim available to you and file it in the right place on time. Contact us to schedule a confidential consultation.