How Maryland Handles Claims of Sexual Harassment in the Workplace

Maryland takes sexual harassment in the workplace very seriously, implementing a range of laws and procedures designed to protect employees and address claims effectively. Understanding how these claims are handled can empower employees and employers alike to foster a safer work environment.

In Maryland, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that occurs in the workplace. The Maryland Commission on Civil Rights (MCCR) is the primary agency responsible for investigating these claims. Employees who feel they have been subjected to harassment can file a complaint with the MCCR within six months of the incident.

The process begins when an employee submits a complaint detailing the harassment. The MCCR conducts a thorough investigation, which includes gathering evidence, interviewing witnesses, and reviewing documents. If the investigation reveals sufficient evidence of harassment, the MCCR may facilitate a mediation process between the parties involved. If mediation fails or is not appropriate, the MCCR may issue a "probable cause" determination.

Once probable cause is established, the case can proceed to a public hearing, allowing both parties to present their evidence. The MCCR’s decision is made based on the findings from the hearing, and if harassment is determined to have occurred, remedies may include compensation for lost wages, damages for emotional distress, and reinstatement to the job if applicable.

In addition to state-level protections, Maryland employees also benefit from federal laws, such as Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex. Employees have the option to file a charge with the Equal Employment Opportunity Commission (EEOC) as well. However, it is crucial to initiate this within 300 days of the incident if pursuing a federal claim.

Employers in Maryland are required to take proactive measures to prevent sexual harassment. This includes implementing and enforcing anti-harassment policies, conducting employee training, and establishing clear reporting procedures. A well-defined policy can also help mitigate liability in the event a claim arises.

Furthermore, Maryland law protects employees from retaliation. This means that if an employee reports harassment or participates in an investigation, they cannot be punished for doing so. This protection encourages more individuals to come forward with their experiences without fear of losing their jobs or suffering other reprisals.

In summary, Maryland has established robust mechanisms for handling sexual harassment claims in the workplace. By understanding the process and rights involved, employees can navigate these issues more confidently, and employers can ensure they foster a respectful and safe working environment.