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Workplace harassment — Maryland

Title VII of the Civil Rights Act (Title VII) prohibits discrimination by employers with 15 or more employees on the basis of race, color, religion, national origin and sex, and this prohibition has been extended by the Supreme Court to include harassment on the basis of those characteristics. Additionally, the Maryland Civil Rights statute specifically addresses workplace harassment, which is prohibited for employers with at least a single employee on the basis of the following characteristics:

  • race (including protective hairstyles)
  • color
  • religion
  • ancestry or nation origin
  • sex
  • age
  • marital status
  • sexual orientation
  • gender identity
  • disability.

Harassment can be difficult to define. A comment addressed to one employee may be utterly harmless, while a similar comment addressed to another employee, especially if it is repeated, may subject the employer to large liability.

The Maryland legislature recently updated the definitions of harassment and sexual harassment under State anti-discrimination law. These changes took effect on October 1, 2022. Previously, Maryland law was consistent with federal law in requiring conduct to be...


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