How to File a Sexual Harassment Complaint in Maryland

In order to file a sexual harassment lawsuit in Maryland, it’s important to first understand how sexual harassment is defined. In Maryland, sexual harassment is defined under the Maryland Fair Employment Practices Act.

That Act defines sexual harassment as any unwelcome sexual advances, requests for sexual favors, or any other verbal, physical, or nonverbal conduct of a sexual nature, which can include:

• Quid pro quo harassment: Quid pro quo sexual harassment in Maryland occurs when a person in a position of authority, such as a supervisor, demands sexual favors in exchange for job benefits or threatens negative job consequences if the advances are rejected
• Hostile work environment harassment: Hostile work environment harassment in Maryland occurs when unwelcome conduct of a sexual nature creates an intimidating, hostile, humiliating, or sexually offensive work environment
  • This type of harassment can include verbal, physical, or nonverbal actions that are severe or pervasive enough to affect an employee’s ability to perform their job

In order to actually file a sexual harassment lawsuit against your employer in Maryland, you should generally follow the below steps:

• Document the Harassment: First, it is important to keep detailed records of any and all incidents, including dates, times, locations, and any witnesses
  • Your documentation and evidence should include any relevant emails, messages, or other evidence demonstrating sexual harassment
• Report to Your Employer: You should always immediately notify your supervisor, manager, or human resources department about the harassment and provide them with your documentation
• Follow Company Procedures: It is important to adhere to your employer’s internal procedures for reporting harassment, which may involve filling out specific forms or providing a written statement
• File a Complaint with the MCCR: If your employer does not address or resolve the issue, you can file a complaint with the Maryland Commission on Civil Rights (“MCCR”) or the Equal Employment Opportunity Commission (“EEOC”) to initiate a formal investigation
  • It is important to note that you must file within 300 days of the alleged act of sexual harassment
• Obtain a Right-to-Sue Letter: If the MCCR or EEOC does not resolve the issue, you’ll need a right-to-sue letter to proceed with a civil lawsuit.
• Seek Legal Advice: It is recommended to consult with an attorney who can provide you with guidance, support you throughout the legal process, and help you file a civil complaint against your employer if you have suffered damages related to the workplace harassment

How Do I Know if I Am a Victim of Sexual Harassment in the Workplace?

Recognizing whether you’re a victim of sexual harassment in the workplace can often be challenging. However, there are specific behaviors defined under Maryland law that constitute sexual harassment.

The following is a list of indicators that can help you determine if you might be experiencing sexual harassment:

• Unwelcome Sexual Advances: Any unsolicited and unwelcome advances, such as requests for dates, sexual favors, or physical contact
  • It is important to note that these advances can be verbal, physical, or nonverbal, and they can come from anyone in the workplace, including supervisors, colleagues, or even clients
• Quid Pro Quo Harassment: If someone in a position of authority, such as a supervisor, implies that your job benefits (i.e., promotions, pay raises, or continued employment) depend on your willingness to engage in sexual or romantic activities
  • For instance, a supervisor might state that you will receive a promotion if you agree to go on a date with them or that you will face negative job consequences if you refuse to date them
• Hostile Work Environment: Any conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment, which can include:
  • Inappropriate jokes or comments about someone’s appearance, body, or sexual activities
  • Displaying sexually explicit images or materials in the workplace, such as posters, calendars, or screensavers
  • Unwanted physical contact, such as touching, hugging, kissing, or groping
  • Repeatedly asking for dates or sexual favors despite being rejected multiple times
  • Making derogatory remarks or using offensive language related to gender, sexuality, or sexual orientation
• Retaliation: Experiencing negative consequences, such as being demoted, fired, or facing other adverse actions, because you rejected sexual advances, reported harassment, or participated in an investigation of harassment

If you encounter any of the above behaviors, it is crucial to document them thoroughly and report the harassment immediately to your supervisor, manager, or Human Resources department. They may be able to address your issues. If not, you can then proceed with the workplace harassment claim process.

What Are the Different Kinds of Sexual Harassment Claims?

Once again, In Maryland, there are two primary types of sexual harassment claims:

• Quid Pro Quo Harassment: This occurs when a person in a position of authority demands sexual favors in exchange for job benefits or threatens negative job consequences if the advances are rejected
• Hostile Work Environment Harassment: This type of harassment involves unwelcome conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment
  • Importantly, the behavior must be severe or pervasive enough to interfere with an employee’s ability to perform their job

Both of the above types of harassment are illegal under Maryland law, and victims can file complaints with the Maryland Commission on Civil Rights (MCCR) or pursue legal action against their employers. A Maryland attorney can assist in filing a lawsuit against an employer.

Can I Sue My Employer if I’m a Victim of Sexual Harassment in the Workplace?

If you’re a victim of sexual harassment in the workplace in Maryland, you have the right to take legal action against your employer. Both state and federal laws protect employees from harassment, providing a pathway for victims to seek legal recourse and hold employers accountable.

Once again, this is generally done by first exhausting all of your administrative remedies within your company or workplace. Then, you should submit a formal complaint to the Maryland Commission on Civil Rights (MCCR) or the Equal Employment Opportunity Commission (EEOC) to initiate a formal investigation.

Both the MCCR and EEOC are agencies responsible for enforcing laws against workplace harassment and discrimination. Filing a complaint with these agencies ensures that an independent body investigates your claims and holds your employer accountable if violations are found.

If they are unable to resolve your claim, you’ll need a right-to-sue letter to proceed with a civil lawsuit. This letter authorizes you to take your case to court and pursue legal action against your employer. Without this letter, you may not be able to file a lawsuit in court. After that, you can proceed with a formal lawsuit.

Do I Need a Lawyer to File a Sexual Harassment Claim?

If you are a victim of workplace sexual harassment and have suffered harm or damages as a result, it is recommended to seek the assistance of an experienced sexual harassment lawyer in Maryland.

LegalMatch can assist you in finding and arranging a consultation with a qualified sexual harassment attorney in your area. During the initial consultation, the lawyer will be able to explain your legal rights and options under both federal law and Maryland workplace harassment laws.

They will also be able to provide a detailed overview of the legal process and what to expect as you pursue your sexual harassment claim. An experienced lawyer can also answer any questions you may have about the steps involved and the potential outcomes.

An attorney will also help you meet all state deadlines for filing your lawsuit and assist you in navigating all necessary steps to pursue your sexual harassment claim. This may include gathering evidence, documenting incidents, and following your employer’s procedures for reporting harassment.

Then, once you receive your right-to-sue letter from the MCCR or EEOC, the attorney can draft your civil complaint and file it against your employer. This complaint will outline the details of the harassment, the harm you have suffered, and make a request for damages you have suffered.

Finally, if your case goes to court, they can also represent you in all necessary legal proceedings. This includes presenting evidence, questioning witnesses, and making legal arguments on your behalf. Importantly, having an experienced attorney by your side can significantly improve your chances of achieving a favorable outcome in your case.