Equal Employment Opportunity: Maryland

This Equal Employment Opportunity policy applies to Maryland employers under MD's Fair Employment Practices Act (FEPA), including Md. Code, State Government § 20-601 through § 20-611, and it helps your organization set clear, consistent expectations for non-discrimination, anti-harassment, and non-retaliation across hiring, pay, promotions, training, and day-to-day work decisions, including Maryland-specific protected characteristics like hair texture and protective hairstyles, sexual orientation, gender identity, military status, and genetic information.

The History Behind Equal Employment Opportunity Policies in Maryland

This Equal Employment Opportunity policy reflects decades of Harassment & Discrimination law that pushed employers to make hiring and workplace decisions based on qualifications, not bias. Federal law did the first heavy lift with Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, the Pregnancy Discrimination Act of 1978, the Americans with Disabilities Act of 1990, and the Genetic Information Nondiscrimination Act of 2008. Courts then filled in the day-to-day rules employers actually live with, including the U.S. Supreme Court's decision in Meritor Savings Bank v. Vinson (1986), which recognized sexual harassment as sex discrimination, and Burlington Industries, Inc. v. Ellerth (1998) and Faragher v. City of Boca Raton (1998), which tied employer liability to whether an employer set clear expectations and gave employees a real way to report problems.

Maryland built its own framework through the Maryland Fair Employment Practices Act (FEPA), now codified in State Government Article, Title 20, Subtitle 6. FEPA tracks many federal protections and also adds Maryland-specific coverage, including marital status and, more recently, explicit protection for hair texture and protective hairstyles. Maryland also created an enforcement path through the Maryland Commission on Civil Rights, which investigates charges and can pursue remedies under state law.

Recent legal developments raised the stakes for keeping EEO policies current. The Supreme Court's decision in Bostock v. Clayton County (2020) held that Title VII's ban on sex discrimination covers sexual orientation and gender identity, and Maryland law also protects those traits. Employers also started paying closer attention to retaliation rules because retaliation claims often follow a complaint even when the underlying discrimination claim is disputed.

Which Law is the Equal Employment Opportunity Policy Meant to Comply With?

If you create and distribute an Equal Employment Opportunity Policy for your Maryland-based employees, it's in an effort to comply with Marylands State Government Article, Title 20, Subtitle 6 (§§ 20-601 through 20-611) and Md. Code, State Gov't § 20-101.

How to Write a Maryland-Specific Equal Employment Opportunity Policy

• Start with "why" and introduce the concept, explain that your organization is committed to equal employment opportunity and makes decisions based on qualifications.
• List the Maryland-protected characteristics your policy covers, including race (with hair texture and protective hairstyles), color, religion, sex (including pregnancy), age (40+), national origin, marital status, sexual orientation, gender identity, military status, genetic information, and disability.
• State that the policy applies across employment decisions and workplace terms, including hiring, promotions, assignments, training, and compensation.
• Clarify that Maryland protections may overlap with or differ from federal protections.
• Explain how employees can report discrimination, harassment, or retaliation tied to protected characteristics.
• Include external reporting options by referencing the EEOC and Maryland's Commission on Civil Rights.

When to Include this Policy in Your Employee Handbook

If you have employees in Maryland and you don't have a similar policy that's available for all US employees, you should include this policy in your employee handbook for Maryland-based employees 

MD § 20-609 (g) states:

An employer shall post in a conspicuous location, and include in any employee handbook, information concerning an employee's rights to reasonable accommodations and leave for a disability caused or contributed to by pregnancy.

Although this refers to accommodations and pregnancy leave, it's best practice to ensure all the information an employee would need on this topic is in your handbook.

Other Considerations

Although EEO covers Maryland employers with 15 or more employees in the US, claims of harassment are valid for any employers with 1 or more employees.

Exceptions

None.