Illegal Discrimination in Employment
Maryland law prohibits an employer from refusing to hire or promote an individual because of the individual's race, color, religion, sex, age, national origin, marital status, sexual orientation, genetic information, or disability.
Employers can defend their decisions by establishing that their decisions were not discriminatory or were based on important qualifications.
Wrongful Termination in Maryland
In Maryland, a fired worker can also recover damages if the termination had an illegal motive. A case that I litigated and won estasblished the precedent that a worker can not be fired for refusing to act in response to her manager's demands for sexual favors.
Common Myths about Employment Discrimination
Myth 1- - It's illegal to fire a minority.
Anyone can be fired. Unless you're a member of a union or you have a specific contract that says otherwise,
employers can fire employees without any logical basis. For standard "at will" employees, the only
restriction is that the reason for termination can not be prohibited. So anyone can be fired, as long as
the reason is not the worker's race, religion, ethicity, etc.
Myth 2- - It's always safest to fire the white guy.
The same rules apply to everyone. If the reason for firing the white male was because he is a white male,
then the only defense is that the employer was required to correct a preexisting racial imbalace.
Myth 3 - - I can't be fired for saying what I believe.
If you work for a private employer, your First Amendment rights are almost irrelevant. Your
Constitutional rights protect you against governmental interference. Your employer is within its rights
to fire anyone whose conduct seriously interfers with the productivity of other workers. For example,
while a Jewish man generally can not be fired for covering his head, he can be fired for constantly
disrupting his co-workers with lectures aboout their violations of scriptural commandments.
How I Can Help You
It is critical that you get legal advice even when you're not certain about your rights. Frankly, in my experience, most folks really do not understand the law. The law is often inaccurately presented in movies and television for entertainment purposes. Before you take action that will affect your life, know your rights.
My consultations are free. Contact me.