Maryland's Strong Age Discrimination Laws: Protection for All Workers
Understanding Maryland's Age Discrimination Protections: From Young Professionals to Experienced Workers
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Age discrimination in employment occurs when an individual is treated unfairly because of their age. This can happen at any stage of the employment process, from recruitment and hiring to promotions, layoffs, and even termination. The good news for Maryland workers is that the state offers broader protections against age discrimination compared to federal law.
Federal Protections (Age Discrimination in Employment Act - ADEA):
The ADEA sets the baseline for age discrimination protection in the United States. It prohibits employers with 20 or more employees from discriminating against individuals 40 years of age or older. This means the ADEA safeguards experienced workers from being passed over for opportunities in favour of younger applicants.
Maryland's Advantage: Wider Coverage
Maryland goes beyond the ADEA's protections. Under Maryland's anti-discrimination law (State Government Article, §20-602), every resident is guaranteed equal opportunity in employment regardless of age. This means there's no minimum age requirement to file an age discrimination claim under state law.
Here's how Maryland's law offers wider coverage:
Protection for Younger Workers: Individuals under 40 who face age discrimination, a situation often referred to as "reverse age discrimination," can seek recourse under Maryland law. This is crucial because the ADEA wouldn't apply in such cases.
Applies to Smaller Businesses: Maryland's law covers private employers with 15 or more employees, whereas the ADEA only applies to businesses with 20 or more. This ensures broader protection for workers in smaller Maryland companies.
Examples of Age Discrimination in Maryland
Age discrimination can manifest in various ways throughout the employment cycle. Here are some red flags:
Job postings specifying age preferences or using age-related language that discourages older applicants.
Comments during interviews that suggest a preference for younger workers or stereotypes about older workers' abilities.
Being passed over for promotions or training opportunities in favour of younger colleagues, despite having the necessary qualifications and experience.
Being laid off during reductions in force while younger, less qualified employees are retained.
Being subjected to a hostile work environment due to your age, such as being ridiculed or ostracised.
If You Believe You've Faced Age Discrimination
If you suspect you've been discriminated against because of your age in Maryland, here are some steps you can take:
Document everything. Keep records of any discriminatory remarks, emails, or actions you experience.
File a complaint with the Maryland Commission on Civil Rights (MCCR) within 180 days of the alleged incident. The MCCR investigates complaints and can attempt to mediate a resolution between you and your employer.
Consult with an employment attorney who specialises in age discrimination cases. They can advise you on your legal rights and potential courses of action.
Maryland law empowers workers of all ages to fight against age discrimination. By understanding your rights and taking action, you can help ensure a fair and equal employment environment in the state.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
