Maryland Sexual Harassment laws & HR compliance analysis

Maryland Sexual Harassment: What you need to know

The Maryland Fair Employment Practices Act prohibits employment discrimination based on sex, marital status, sexual orientation, and gender identity (MD State Govt. Code Sec. 20-606 et seq.). The Act applies to all public employers and private employers of 15 or more persons. Effective October 1, 2019, the definition of “employer” includes an employer with one or more employees if an employee has filed a harassment complaint
Definition of harassment. Effective October 1, 2019, the law defines “harassment” to include harassment based on race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, or disability. The law expressly prohibits employers from engaging in harassment of an employee.
Independent contractors. Effective October 1, 2019, the definition of “employee” includes an individual working as an independent contractor for an employer.
Interns. Employers may not discriminate against unpaid interns based on any of the protected characteristics (MD State Govt. Code Sec. 20-610).
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Gender identity. Gender identity means the gender-related identity, appearance, expression, or behavior of a person regardless of the person's assigned sex at birth (MD State Govt. Code Sec. 20-101). Under the Act, gender identity may be demonstrated by:
• Consistent and uniform assertion of the person's gender identity; or
• Any other evidence that the gender identity is sincerely held as part of the person's core identity.
Sexual orientation defined. “Sexual orientation” is defined by the Act as identification of an individual as either male or female, homosexual, heterosexual, or bisexual.
Definition of supervisor. The U. S. Supreme Court has ruled that for purposes of ...

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