Employment Discrimination Demand Letter - Maryland

EMPLOYMENT DISCRIMINATION DEMAND LETTER

State of Maryland

Maryland Fair Employment Practices Act and Federal Anti-Discrimination Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Maryland ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Maryland Client Protection Fund Number]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]

[Date]

[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]

Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]

Re: Employment Discrimination Claim of [Client Full Name]
MCCR Complaint No.: [Number, if filed]
EEOC Charge No.: [Number, if filed]
Position: [Job Title]
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 / MD. R. 5-408

Dear [Mr./Ms./Mx. Last Name]:

This firm represents [Client Full Name] ("our client") regarding [his/her/their] claims of unlawful employment discrimination against [Company Legal Name] ("[Company Short Name]" or "the Company"). Our client has been subjected to discrimination based on [his/her/their] [protected class] in violation of Maryland's Fair Employment Practices Act (Md. Code, State Gov't § 20-601 et seq.) and federal anti-discrimination statutes.

Please direct all further communications regarding this matter to our office.

I. MARYLAND LEGAL FRAMEWORK

A. Maryland Fair Employment Practices Act (MFEPA)

Maryland provides comprehensive employment discrimination protections. Maryland is a deferral state with a work-sharing agreement with the EEOC.

Coverage:

• Private employers with 15 or more employees (same as Title VII)
• State and local government employers
• Employment agencies and labor organizations

Protected Classes Under Maryland Law:

B. Key Maryland-Specific Features

1. Filing Deadline (All Claims):

• 2 years to file with MCCR for all claim types (SB 450, eff. Oct 2022, extended the former 6-month general deadline to 2 years for all claims)

2. No Damage Caps:

• Maryland does NOT cap compensatory or punitive damages

3. Sexual Orientation/Gender Identity:

• Explicitly protected under state law

C. Administrative Exhaustion Requirements

Maryland Commission on Civil Rights (MCCR):

MCCR Contact Information:

• Maryland Commission on Civil Rights
• William Donald Schaefer Tower
• 6 Saint Paul Street, Suite 900
• Baltimore, MD 21202
• Phone: (410) 767-8600
• Website: mccr.maryland.gov

EEOC Filing (Cross-Filed with MCCR):

II. PROTECTED CLASS STATUS

A. Client's Protected Class

Our client is a member of the following protected class(es):

[ ] Race: [Specify]
[ ] Color: [Specify]
[ ] Religion: [Specify]
[ ] Sex: [Specify, including pregnancy]
[ ] Sexual Orientation: [Specify]
[ ] Gender Identity: [Specify]
[ ] Age: [Specify]
[ ] National Origin: [Specify]
[ ] Marital Status: [Specify]
[ ] Disability: [Specify condition]
[ ] Genetic Information: [Specify]

B. Evidence of Protected Class Status

[Describe documentation or evidence establishing membership in the protected class]

III. FACTUAL BACKGROUND

A. Employment Relationship

B. Summary of Discriminatory Conduct

Our client was subjected to the following adverse employment action(s):

[ ] Failure to Hire: [Describe]
[ ] Termination: [Describe]
[ ] Demotion: [Describe]
[ ] Failure to Promote: [Describe]
[ ] Hostile Work Environment: [Describe]
[ ] Sexual Harassment: [Describe]
[ ] Unequal Pay: [Describe]
[ ] Denial of Accommodation: [Describe]
[ ] Retaliation: [Describe]

C. Timeline of Events

D. Discriminatory Intent / Disparate Treatment

[Describe direct and circumstantial evidence of discrimination]

IV. LEGAL CLAIMS

A. Violation of Maryland Fair Employment Practices Act (State Gov't § 20-606)

[Company Short Name] violated Maryland law by discriminating against our client based on [his/her/their] [protected class]. Under State Gov't § 20-606, an employer may not:

"fail or refuse to hire, discharge, or otherwise discriminate against any individual with respect to the individual's compensation, terms, conditions, or privileges of employment because of the individual's race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, genetic information, or disability..."

B. Sexual Harassment (If Applicable)

[Company Short Name] subjected our client to unwelcome sexual conduct that created a hostile work environment.

C. Retaliation (State Gov't § 20-606(f))

[If applicable:] [Company Short Name] retaliated against our client for engaging in protected activity.

D. Federal Claims (Title VII / ADEA / ADA)

Our client also asserts federal discrimination claims.

V. DAMAGES

A. Economic Damages

B. Compensatory Damages

Compensatory Damages: $[Amount]

Note: Maryland imposes NO CAPS on compensatory damages.

C. Punitive Damages

Punitive Damages: $[Amount]

Note: Maryland imposes NO CAPS on punitive damages.

D. Attorney's Fees and Costs

Estimated Fees and Costs: $[Amount]

E. Summary of Damages

VI. SETTLEMENT DEMAND

We demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims.

This demand will remain open for twenty-one (21) calendar days, expiring on [Response Deadline Date].

VII. ADMINISTRATIVE STATUS AND LITIGATION POSTURE

A. Agency Filing Status

[ ] MCCR Complaint filed on [Date]
[ ] EEOC Charge filed on [Date]
[ ] Right to Sue obtained on [Date]

B. Litigation Venue

[ ] Maryland Circuit Court, [County] County
[ ] United States District Court for the District of Maryland

VIII. DOCUMENT PRESERVATION

LITIGATION HOLD NOTICE — Preserve all relevant documents and ESI.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Maryland Bar CPF No.]

cc: [Client Name]

MARYLAND-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)

Key Maryland Considerations

☐ Deferral State: 300-day EEOC deadline; 2-year MCCR deadline (all claims, per SB 450, eff. Oct 2022)

☐ Uniform 2-Year Deadline: SB 450 extended the former 6-month general deadline to 2 years for all claim types

[ ] No Damage Caps: Unlike Title VII, Maryland has no caps

[ ] Sexual Orientation/Gender Identity: Explicitly protected

[ ] 2-Year Suit Deadline: After Right to Sue

Local Ordinances

[ ] Montgomery County: Additional local protections
[ ] Prince George's County: Additional local protections
[ ] Baltimore City: Additional local protections
[ ] Howard County: Additional local protections

Agency Contact Information

Maryland Commission on Civil Rights:

• 6 Saint Paul Street, Suite 900
• Baltimore, MD 21202
• Phone: (410) 767-8600
• Website: mccr.maryland.gov

EEOC Baltimore Field Office:

• 100 S. Charles Street, Tower 1, 10th Floor
• Baltimore, MD 21201
• Phone: (800) 669-4000

Statute of Limitations