Maryland Workplace Harassment Laws: 2-Year Complaint Deadline (2026)

Workplace harassment is illegal in Maryland under the Fair Employment Practices Act, which says an employer may not "engage in harassment of an employee" (Md. Code, State Gov't § 20-606(a)(5)). The act's definition of harassment covers unwelcome and offensive conduct "which need not be severe or pervasive" (§ 20-601), and its coverage rule has a harassment-specific twist: the act generally reaches employers with 15 or more employees, but it reaches employers with one or more employees "if an employee has filed a complaint alleging harassment" (§ 20-601(d)(1)).

Maryland also gives harassment complaints longer deadlines than other employment complaints: two years to file with the Maryland Commission on Civil Rights instead of 300 days (§ 20-1004(c)), and three years to sue instead of two (§ 20-1013(a)). For other states, see workplace harassment laws by state.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Maryland state law on workplace harassment by employers, supervisors and coworkers under the Fair Employment Practices Act, Md. Code, State Government Title 20, Subtitle 6 (chiefly §§ 20-601, 20-606, 20-610 and 20-611), the filing rules in §§ 20-1004 and 20-1013, and Labor and Employment § 3-715. It does not cover wrongful firing or the full complaint and lawsuit procedure (see Maryland wrongful termination), damages estimates, criminal harassment or stalking, harassment outside employment, local county ordinances, or federal-employee procedure.

Maryland harassment rules at a glance

What Maryland law prohibits

Section 20-606(a) lists what an employer may not do. Subsection (a)(1) bars discrimination in "compensation, terms, conditions, or privileges of employment" because of a protected trait, and subsection (a)(5) separately says an employer may not "engage in harassment of an employee."

How the act defines harassment

The definition sits in § 20-601, the subtitle's definitions section:

"'Harassment' includes: (1) unwelcome and offensive conduct, which need not be severe or pervasive, when: (i) the conduct is based on race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, disability, or military status; and (ii) 1. submission to the conduct is made either explicitly or implicitly a term or condition of employment of an individual; 2. submission to or rejection of the conduct is used as a basis for employment decisions affecting the individual; or 3. based on the totality of the circumstances, the conduct unreasonably creates a working environment that a reasonable person would perceive to be abusive or hostile; and (2) sexual harassment." (Md. Code, State Gov't § 20-601)

The structure has two parts joined by "and": the conduct must be based on a listed trait, and it must meet one of the three alternatives. The first two alternatives describe what is often called quid pro quo harassment; the third describes a hostile work environment. Sexual harassment is defined separately in § 20-601 and is included in "harassment" by item (2).

The "need not be severe or pervasive" wording came from Senate Bill 450 of 2022 (Chapter 657), effective October 1, 2022, which altered the definition of harassment "to include sexual harassment and certain unwelcome and offensive conduct."

Which Maryland employers are covered

Maryland's threshold depends on whether a harassment complaint has been filed. Under § 20-601(d)(1), "employer" means a person that is engaged in an industry or business and:

"A. has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year; or B. if an employee has filed a complaint alleging harassment, has one or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year" (Md. Code, State Gov't § 20-601(d)(1)(i))

The definition also includes "an agent of a person described in item (i)" (§ 20-601(d)(1)(ii)). Section 20-601(d)(3) excludes from the definition of employer a bona fide private membership club that is exempt from taxation under § 501(c) of the Internal Revenue Code, except for a labor organization. Separately, § 20-604(2) provides that the subtitle does not apply to a religious corporation, association, educational institution or society "with respect to the employment of individuals of a particular religion, sexual orientation, gender identity, or military status to perform work connected with the activities of the religious entity."

So a private business with fewer than 15 employees falls outside the general definition, but inside it once an employee has filed a complaint alleging harassment, if it meets the one-employee, 20-week test. The general 15-employee line matches federal Title VII, which defines employer as a person with "fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year" (42 U.S.C. § 2000e(b)).

Independent contractors and interns

For this subtitle, "employee" means "(i) an individual employed by an employer; or (ii) an individual working as an independent contractor for an employer" (§ 20-601(c)(1)).

Section 20-610 separately protects interns against the discriminatory acts it lists. An intern claiming to be aggrieved "shall have access to any internal procedure the employer has for resolving a complaint by an employee of sexual harassment or other discrimination," or, if the employer has no such procedure, "may file a complaint with the Commission for the nonmonetary administrative remedies provided under Subtitle 10" (§ 20-610(d)). Section 20-610(e) provides that the section does not create an employment relationship between an employer and an intern for purposes of a civil cause of action or monetary damages under Subtitle 10.

Protected traits under Maryland law

Section 20-606(a)(1)(i) lists:

• race
• color
• religion
• sex
• age
• national origin
• marital status
• sexual orientation
• gender identity
• genetic information
• military status
• disability "unrelated in nature and extent so as to reasonably preclude the performance of the employment"

For Title 20, race "includes traits associated with race, including hair texture, afro hairstyles, and protective hairstyles," and protective hairstyle "includes braids, twists, and locks" (State Gov't § 20-101(g)-(h)). Under § 20-609(b), disabilities caused or contributed to by pregnancy or childbirth "are temporary disabilities for all job-related purposes."

The definition of harassment in § 20-601 names a slightly different list: race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, disability and military status. It adds ancestry, and it does not name genetic information.

Employer and individual responsibility

Section 20-611 states when an employer is liable in a harassment case:

"In an action alleging a violation of this subtitle based on harassment, an employer is liable: (1) for the acts or omissions toward an employee or applicant for employment committed by an individual who: (i) undertakes or recommends tangible employment actions affecting the employee or an applicant for employment, including hiring, firing, promoting, demoting, and reassigning the employee or an applicant for employment; or (ii) directs, supervises, or evaluates the work activities of the employee; or (2) if the negligence of the employer led to the harassment or continuation of harassment." (Md. Code, State Gov't § 20-611)

The two grounds are joined by "or." Item (1) covers harassment by someone who takes or recommends tangible employment actions or who directs, supervises or evaluates the employee's work. For harassment by someone who does neither, such as a coworker without those duties, item (2) asks whether the employer's negligence led to the harassment or its continuation.

The definition of employer includes "an agent" of the employer (§ 20-601(d)(1)(ii)). The statute's text does not say in terms whether an individual supervisor or coworker can be sued personally.

Retaliation for complaining

Under § 20-606(f), an employer "may not discriminate or retaliate against any of its employees or applicants for employment" because the individual has "(1) opposed any practice prohibited by this subtitle; or (2) made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subtitle." How a firing after a complaint fits with Maryland's default employment rule is covered on the Maryland at-will employment page.

Deadlines and where to file

The Maryland Commission on Civil Rights takes employment discrimination and harassment complaints. Section 20-1004(c) sets two different periods:

• Harassment: "A complaint alleging harassment against an employer shall be filed within 2 years after the date on which the alleged harassment occurred" (§ 20-1004(c)(3)(i)). A complaint filed with a federal human relations commission within 6 months, or a local human relations commission within 2 years, after the alleged harassment "shall be deemed to have complied" (§ 20-1004(c)(3)(ii)).
• Other employment practices: "A complaint alleging an unlawful employment practice other than harassment shall be filed within 300 days after the date on which the alleged discriminatory act occurred" (§ 20-1004(c)(2)(i)), with a parallel rule for complaints filed with a federal commission within 6 months or a local commission within 300 days.
• Court: under § 20-1013(a), a complainant may bring a civil action if a timely administrative charge or complaint was filed under federal, State or local law, "at least 180 days have elapsed since the filing," and the action is filed within 2 years after the alleged unlawful employment practice or, "if the complaint is alleging harassment, ... within 3 years after the alleged harassment occurred." Those periods "shall be tolled while an administrative charge or complaint ... is pending" (§ 20-1013(a)(2)).
• Federal charge: the EEOC states that its "180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis." The EEOC's Baltimore Field Office lists the Maryland Commission on Civil Rights as a fair employment practices agency and states that an individual has 300 days from the date of alleged harm to file a charge with that office against an employer with 15 or more employees in Maryland (20 or more employees for age discrimination).

The steps between the complaint and a lawsuit, and the remedies and damages caps, are on the Maryland wrongful termination page. The Maryland employment discrimination settlement calculator is an estimating tool, not a prediction of any outcome.

Training and written policies

The Fair Employment Practices Act provisions on harassment discussed on this page (§§ 20-601, 20-606, 20-610 and 20-611, and the filing sections §§ 20-1004 and 20-1013) do not require private employers to provide harassment training or to adopt or post a written harassment policy.

One provision gives an employer's internal procedure a role: § 20-610(d) gives interns access to "any internal procedure the employer has for resolving a complaint by an employee of sexual harassment or other discrimination." And under § 20-611(2), an employer is liable for harassment its negligence led to or allowed to continue.

NDAs, waivers and arbitration

Maryland's rule targets waivers of future claims. Labor and Employment § 3-715(a) provides:

"Except as prohibited by federal law, a provision in an employment contract, policy, or agreement that waives any substantive or procedural right or remedy to a claim that accrues in the future of sexual harassment or retaliation for reporting or asserting a right or remedy based on sexual harassment is null and void as being against the public policy of the State." (Md. Code, Lab. & Empl. § 3-715(a))

Three limits are built into the text. It applies to claims "that accrue in the future," it covers sexual harassment and retaliation tied to sexual harassment, and it yields where federal law prohibits it. It does not address confidentiality terms in an agreement settling a claim that already exists. Other subsections of § 3-715 address adverse action against an employee who declines such a provision and attorney's fees when an employer seeks to enforce one.

Federal law adds limits for sexual harassment disputes (the Speak Out Act for predispute nondisclosure clauses and the Ending Forced Arbitration Act for predispute arbitration agreements), explained on the workplace harassment laws hub.

Peace orders for workplace harassment

Maryland's peace order statute offers a court route that works differently from the Fair Employment Practices Act. Under Courts and Judicial Proceedings § 3-1503(a)(1), a petitioner may seek relief for listed acts "against the petitioner's employee at the employee's workplace, by the respondent, if the act occurred within 30 days before the filing of the petition," including "(v) Harassment under 3-803 of the Criminal Law Article" and "(vi) Stalking under 3-802 of the Criminal Law Article." In that route the petitioner is the employer, for acts against its employee at the workplace, and it rests on criminal-law definitions, not on the employment harassment standard above. An employer must notify the employee before filing such a petition, and may not retaliate against an employee who does not provide information for or testify at the proceeding (§ 3-1503(e)).

Is workplace bullying illegal in Maryland?

The Fair Employment Practices Act reaches harassment based on the traits listed in § 20-601 and § 20-606. The subtitle's harassment provisions contain no rule on general workplace bullying that is not tied to one of those traits.

Documenting harassment and workplace monitoring

The rules on recording a conversation at work, including a conversation with a harasser, are on the Maryland workplace recording laws page. Employer monitoring of email, devices and workspaces is covered on the Maryland employee monitoring laws page.

Recent changes to Maryland harassment law

• 2022: Senate Bill 450 (Chapter 657) altered the definition of harassment in § 20-601 to include sexual harassment and unwelcome and offensive conduct that need not be severe or pervasive, effective October 1, 2022. Senate Bill 451 (Chapter 660), also effective October 1, 2022, tolls the time to file a civil action under § 20-1013(a) while an administrative charge or complaint is pending.
• 2026: Chapter 183 (Senate Bill 439), effective October 1, 2026, amended § 20-606 to add a medical-cannabis protection for fire and rescue public safety employees and added a definition to § 20-601, which moved the later definitions down one letter. The harassment clause in § 20-606(a)(5) and the wording of the harassment definition are unchanged.

Related pages

• Workplace harassment laws by state
• Maryland wrongful termination
• Maryland at-will employment laws
• Maryland employee monitoring laws
• Maryland workplace recording laws

This article provides general legal information about Maryland workplace harassment law under the Fair Employment Practices Act, Md. Code, State Government Title 20, and Labor and Employment § 3-715 as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Maryland or the Maryland Commission on Civil Rights.

Last updated: 2026-10-20.

Frequently Asked Questions

Is workplace harassment illegal in Maryland?

Yes. Md. Code, State Gov't § 20-606(a)(5) provides that an employer may not engage in harassment of an employee, and § 20-601 defines harassment as unwelcome and offensive conduct based on a protected trait, which need not be severe or pervasive, that meets one of three listed conditions, plus sexual harassment.

Does Maryland harassment law apply to small employers?

Yes, once a harassment complaint is filed. Section 20-601(d)(1) covers employers with 15 or more employees generally, but employers with one or more employees if an employee has filed a complaint alleging harassment, in each case for each working day in 20 or more calendar weeks in the current or preceding year.

Does harassment have to be severe or pervasive in Maryland?

No. The definition of harassment in § 20-601 covers unwelcome and offensive conduct which need not be severe or pervasive. For a hostile environment, the conduct must, based on the totality of the circumstances, unreasonably create a working environment a reasonable person would perceive to be abusive or hostile.

How long do you have to file a harassment complaint in Maryland?

A complaint alleging harassment must be filed with the Maryland Commission on Civil Rights within 2 years after the alleged harassment occurred (§ 20-1004(c)(3)); other employment complaints are due within 300 days. A harassment lawsuit may be filed after 180 days from a timely charge and within 3 years after the alleged harassment (§ 20-1013(a)).

Is an employer responsible for a supervisor's harassment in Maryland?

Under § 20-611, an employer is liable for harassment by an individual who undertakes or recommends tangible employment actions or who directs, supervises or evaluates the employee's work, and also if the employer's negligence led to the harassment or its continuation.

Are independent contractors protected from harassment in Maryland?

For the Fair Employment Practices Act subtitle, § 20-601(c)(1) defines employee to include an individual working as an independent contractor for an employer.

Can a Maryland employer make you waive sexual harassment claims?

Labor and Employment § 3-715(a) makes null and void a provision in an employment contract, policy or agreement that waives a right or remedy for a sexual harassment or related retaliation claim that accrues in the future, except as prohibited by federal law. It does not address confidentiality terms settling an existing claim.

Is workplace bullying illegal in Maryland?

The Fair Employment Practices Act reaches harassment based on listed traits such as race, sex, age, disability and sexual orientation. Its harassment provisions contain no rule on general bullying unconnected to those traits.