FEPA Discrimination Charge and Right-to-Sue Procedure — Maryland

FEPA Discrimination Charge and Right-to-Sue Procedure (MARYLAND)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

MEMORANDUM — PRIVILEGED AND CONFIDENTIAL

TO: File — [CLIENT NAME]
FROM: [ATTORNEY NAME], Md. AIS No. [________]
DATE: [__/__/____]
RE: Pre-Filing Eligibility Analysis — MCCR Complaint under Title 20

1. Client and Employer Identification

2. Coverage Analysis

☐ Employer has 15+ employees (general discrimination — § 20-606)
☐ Employer has 1+ employee (harassment claims against employer — § 20-606)
☐ Employer has 15+ employees (Title VII / ADA)
☐ Employer has 20+ employees (ADEA)
☐ Complainant is an "employee" (not independent contractor)
☐ Maryland work nexus
☐ Montgomery County local coverage (1+ employee)
☐ Prince George's County local coverage (1+ employee)
☐ Howard County local coverage
☐ Baltimore City local coverage (Community Relations Commission)

3. Protected Class and Adverse Action

4. Statute of Limitations

☐ 2021 HB 156 deadlines confirmed (300 days / 2 years)
☐ Continuing-violation doctrine evaluated for hostile environment
☐ Federal 300-day SOL satisfied
☐ Local ordinance SOL evaluated separately

5. Forum Strategy

☐ MCCR (state agency, dual-filed with EEOC)
☐ EEOC (federal claims; Baltimore Field Office)
☐ Local human relations commission (Montgomery / Prince George's / Howard / Baltimore City)
☐ Direct Circuit Court (after 180-day MCCR waiting period; § 20-1013)
☐ Federal District Court for D. Md. (after EEOC RTSL)
☐ Maryland Attorney General Civil Rights Division (intake / referral)

6. Recommendation

[ATTORNEY RECOMMENDATION — file MCCR PQ inquiry, then formal complaint; dual-file EEOC; consider local commission; calendar 180-day waiting period and 2-year civil SOL.]

Part B — Charge of Discrimination (MCCR Filing)

MARYLAND COMMISSION ON CIVIL RIGHTS
WILLIAM DONALD SCHAEFER TOWER
6 ST. PAUL STREET, SUITE 900
BALTIMORE, MARYLAND 21202-1631

COMPLAINT OF DISCRIMINATION
MCCR Case No. [__________] (employment)
EEOC Charge No. [__________] (cross-filed)

1. Parties

2. Cause(s) of Discrimination (check all that apply)

☐ Race / color (incl. CROWN Act) — § 20-602; § 20-606
☐ Religion — § 20-602
☐ Ancestry / national origin — § 20-602
☐ Sex (including pregnancy, childbirth) — § 20-602
☐ Age — § 20-602
☐ Marital status — § 20-602
☐ Sexual orientation — § 20-602
☐ Gender identity — § 20-602
☐ Genetic information — § 20-602
☐ Military status — § 20-602
☐ Disability — § 20-602; § 20-606(a)
☐ Harassment based on protected class — § 20-606
☐ Retaliation — § 20-606(f)
☐ Failure to provide reasonable accommodation (disability) — § 20-606(a)(4)
☐ Failure to provide pregnancy accommodation — § 20-609

3. Date of Most Recent Discrimination

Date of most recent discriminatory act: [__/__/____]
Date of filing: [__/__/____]
Days elapsed: [____] (≤ 300 for employment under § 20-1004(c)(2); ≤ 2 years for harassment under § 20-1004(c)(3))

4. Particulars

I, [COMPLAINANT NAME], state under oath:

1. I am a member of the following protected class(es): [LIST].

2. I was employed by Respondent from [__/__/____] until [__/__/____] as a [TITLE] at Respondent's [LOCATION] facility in [COUNTY] County. My supervisor was [NAME, TITLE]. The decision-maker for the adverse action was [NAME, TITLE].

3. I met or exceeded Respondent's legitimate performance expectations, as evidenced by [PERFORMANCE EVIDENCE — Ex. C-1].

4. On or about [__/__/____], [DESCRIBE FIRST ACT — what happened, who said/did what, who was present, verbatim quotes].

5. On or about [__/__/____], [DESCRIBE SUBSEQUENT ACTS].

6. On or about [__/__/____], Respondent took the following adverse employment action against me: [TERMINATION / etc.]. The stated reason was [STATED REASON].

7. The stated reason is pretextual. The true reason was my [PROTECTED CLASS]. Evidence of pretext includes:
   - Direct statements by [DECISION-MAKER]: [QUOTE];
   - Comparators outside the class: [NAMES];
   - Temporal proximity: [DESCRIBE];
   - Shifting reasons given by Respondent: [LIST];
   - Departure from policy: [DESCRIBE];
   - Statistical pattern: [DESCRIBE].

8. As a direct and proximate result, I have suffered lost wages, lost benefits, emotional distress, and damage to professional reputation.

5. Relief Requested

Complainant requests that MCCR:

☐ Investigate and find probable cause that Respondent violated § 20-606
☐ Order cease and desist
☐ Order reinstatement and back pay with interest
☐ Order affirmative action (training, policy revision, posting)
☐ Issue Final Determination / Right-to-Sue after 180-day waiting period under § 20-1013

6. Verification

I declare under penalty of perjury under the laws of the State of Maryland that the foregoing is true and correct.

[COMPLAINANT SIGNATURE]
[PRINTED NAME]
Date: [__/__/____]

Sworn and subscribed before me this [__] day of [_____], [____].

[NOTARY PUBLIC SIGNATURE]
[NOTARY PRINTED NAME]
My commission expires: [__/__/____]

Part C — Right-to-Sue Demand Letter

[LAW FIRM LETTERHEAD]
[DATE]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND EMAIL TO [email protected]

Executive Director
Maryland Commission on Civil Rights
William Donald Schaefer Tower
6 St. Paul Street, Suite 900
Baltimore, MD 21202-1631

Re: [COMPLAINANT] v. [RESPONDENT]
MCCR Case No. [__________] / EEOC Charge No. [__________]
Notice of Election to Commence Civil Action Pursuant to Md. Code, State Gov't § 20-1013

Dear Executive Director:

This office represents the Complainant in the above-referenced matter. Pursuant to Md. Code, State Gov't § 20-1013, Complainant hereby gives notice of election to commence a civil action in the Circuit Court for [COUNTY] County.

1. Procedural Status

2. Statutory Basis

Under § 20-1013(a)(1), a complainant may bring a civil action against the respondent alleging an unlawful employment practice if:

(i) the complainant has filed a timely administrative charge or complaint with MCCR or the EEOC;
(ii) at least 180 days have elapsed since the filing of the administrative charge; and
(iii) the civil action is filed within 2 years after the alleged unlawful employment practice occurred (or 3 years for harassment).

The above conditions are satisfied.

3. Request for Case File and Position Statement

Complainant requests, under § 20-1009 and the Maryland Public Information Act (Md. Code, Gen. Prov. § 4-101 et seq.), that MCCR provide undersigned counsel within 30 days:

• The Respondent's position statement;
• All documents produced by Respondent during investigation;
• Investigator's notes and witness statements (subject to applicable privileges);
• The investigative determination, if any.

4. Effect on MCCR Proceeding

Under § 20-1013(b), the filing of a civil action does not require dismissal of the MCCR complaint, but the Commission may stay or close its administrative proceeding. Complainant requests that MCCR coordinate any concurrent processing with counsel.

5. Acknowledgment

Complainant acknowledges:

• The civil action must be filed within the applicable § 20-1013(a)(2) limitations (2 years general; 3 years harassment);
• The relief available in court may include compensatory damages, punitive damages, injunctive relief, and attorney's fees under § 20-1009;
• Local ordinance claims (Montgomery, Prince George's, Howard) have separate procedures and may be pursued in parallel.

Respectfully,

[ATTORNEY SIGNATURE]
[ATTORNEY NAME], Md. AIS No. [________]
[FIRM NAME]
[ADDRESS]
[(___) ___-____] / [EMAIL]

cc: [RESPONDENT'S COUNSEL]
[CLIENT]
EEOC Baltimore Field Office (cross-filed Charge No. [__________])

Part D — Pre-Suit Civil Complaint (Maryland Circuit Court)

IN THE CIRCUIT COURT FOR [COUNTY] COUNTY, MARYLAND
Case No. [__________]

COMPLAINT AND DEMAND FOR JURY TRIAL

I. INTRODUCTION

1. This is a civil action for employment discrimination and retaliation under the Maryland Fair Employment Practices Act, Md. Code, State Gov't tit. 20, and supplemental federal claims under Title VII / ADA / ADEA, following exhaustion of administrative remedies before the Maryland Commission on Civil Rights and the EEOC.

II. PARTIES, JURISDICTION, AND VENUE

2. Plaintiff [NAME] is a Maryland resident.

3. Defendant [LEGAL ENTITY] is an "employer" within the meaning of § 20-601(d) (15+ employees for general discrimination; 1+ for harassment) and 42 U.S.C. § 2000e(b).

4. This Court has subject-matter jurisdiction under Md. Code, Cts. & Jud. Proc. § 1-501 and § 20-1013. Venue is proper in [COUNTY] County under § 20-1013 and Md. Code, Cts. & Jud. Proc. § 6-201.

III. ADMINISTRATIVE EXHAUSTION

5. Plaintiff filed a Complaint of Discrimination with MCCR on [__/__/____], within 300 days of the most recent discriminatory act under § 20-1004(c)(2) [or 2 years for harassment under § 20-1004(c)(3)].

6. More than 180 days have elapsed since the MCCR filing, satisfying § 20-1013(a)(1).

7. Plaintiff received a Notice of Right to Sue from the EEOC on [__/__/____] and files this action within 90 days of receipt.

IV. FACTUAL ALLEGATIONS

[Numbered paragraphs tracking MCCR particulars, expanded.]

V. CAUSES OF ACTION

COUNT I — Discrimination on the Basis of [PROTECTED CLASS] (Md. Code, State Gov't § 20-606)
COUNT II — Retaliation (§ 20-606(f))
COUNT III — Hostile Work Environment / Harassment (§ 20-606) (2- or 3-year SOL applies)
COUNT IV — Failure to Provide Reasonable Accommodation (Disability) (§ 20-606(a)(4)) (if applicable)
COUNT V — Pregnancy Accommodation Violation (§ 20-609) (if applicable)
COUNT VI — Title VII / ADA / ADEA (if dual-filed federal claims)
COUNT VII — Local Ordinance Claim — Montgomery / Prince George's / Howard County (if applicable)
COUNT VIII — Wrongful Discharge in Violation of Public Policy (if applicable; Adler v. American Standard Corp.)

VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests this Court:

a. Enter judgment in favor of Plaintiff on each Count;
b. Award back pay with prejudgment interest;
c. Award front pay in lieu of reinstatement;
d. Award compensatory damages for emotional distress, mental anguish, and damage to reputation;
e. Award punitive damages;
f. Award reasonable attorney's fees and costs under § 20-1009;
g. Order reinstatement and other equitable relief;
h. Order Defendant to provide anti-discrimination training and post notice;
i. Apply federal Title VII damages cap (42 U.S.C. § 1981a) only as to federal claims;
j. Grant such other relief as the Court deems just.

VII. JURY DEMAND

Plaintiff demands trial by jury on all issues so triable.

Respectfully submitted,
[PLAINTIFF NAME], by counsel,

[ATTORNEY SIGNATURE]
[ATTORNEY NAME], Md. AIS No. [________]
[FIRM NAME]
[ADDRESS]
[(___) ___-____] / [EMAIL]

Date: [__/__/____]

Part E — Pre-Filing Checklist

1. Intake and Eligibility

☐ Confirm employer has 15+ employees (general) or 1+ (harassment) under MFEPA
☐ Confirm employer has 15+ (Title VII / ADA) or 20+ (ADEA)
☐ Confirm complainant is "employee" (not independent contractor)
☐ Identify each protected class under § 20-602
☐ Confirm Maryland work nexus and county
☐ Calculate 300-day SOL for general employment (§ 20-1004(c)(2))
☐ Calculate 2-year SOL for harassment (§ 20-1004(c)(3))
☐ Calendar 180-day pre-suit waiting period (§ 20-1013)
☐ Calendar 2-year general civil SOL / 3-year harassment SOL
☐ Identify applicable county ordinance (Montgomery, Prince George's, Howard, Baltimore City)
☐ Analyze CROWN Act applicability to race-based hair claims

2. Evidence Preservation

☐ Send litigation hold to Respondent
☐ Request personnel file (Md. Code, Lab. & Empl. § 3-1305 — Personnel Records Act)
☐ Preserve emails, texts, voicemails, performance reviews
☐ Identify and contact witnesses (personal info)
☐ Document chronology
☐ Preserve mental health records for damages
☐ Identify comparators

3. MCCR Filing

☐ Submit Preliminary Questionnaire (PQ) online inquiry
☐ Cooperate with MCCR Intake Unit
☐ Draft Complaint of Discrimination with detailed particulars
☐ Notarize complaint
☐ Confirm cross-filing with EEOC Baltimore Field Office
☐ Obtain MCCR case number and EEOC charge number
☐ Calendar 180-day pre-suit waiting period
☐ Calendar 2-year / 3-year civil action SOL

4. Post-Filing and RTSL

☐ Cooperate with MCCR investigator
☐ Submit rebuttal to Respondent's position statement
☐ Attend MCCR-scheduled mediation if offered
☐ Monitor 180-day pre-suit waiting period
☐ Notify MCCR of election to file civil action under § 20-1013
☐ Request investigation file under Maryland PIA
☐ Request EEOC Notice of Right to Sue if federal claims will be pleaded
☐ File civil action within 2 years (general) / 3 years (harassment) of the act

5. Damages Documentation

☐ Compile W-2s, pay stubs, benefits statements
☐ Document mitigation efforts and income
☐ Calculate back pay + interest
☐ Calculate front pay / reinstatement value
☐ Document benefits losses (COBRA, 401(k), PTO)
☐ Document emotional distress
☐ Evaluate punitive damages evidence
☐ Note: No state cap under § 20-1009; federal Title VII cap applies only to federal counts

6. Ethical and Strategic

☐ Conflict check
☐ Engagement letter (Md. Rules of Prof. Conduct 19-301.5)
☐ Counsel client on tax treatment (IRC § 104(a)(2))
☐ Counsel client on social-media discipline
☐ Counsel client on impact of local-ordinance parallel proceedings
☐ Consider Maryland AG Civil Rights Division referral

Sources and References

• Maryland Commission on Civil Rights — Home: https://mccr.maryland.gov/
• MCCR — Start a Complaint Inquiry: https://mccr.maryland.gov/complaint-investigative-process/start-complaint-inquiry
• MCCR — Timeliness: https://mccr.maryland.gov/complaint-investigative-process/start-complaint-inquiry/timeliness
• MCCR — Know Your Rights — Employment: https://mccr.maryland.gov/know-your-rights/employment
• Md. Code, State Gov't tit. 20 (Human Relations): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsg&section=20-101
• Md. Code, State Gov't § 20-602 (Public Policy / Protected Classes): https://codes.findlaw.com/md/state-government/md-code-state-govt-sect-20-602/
• Md. Code, State Gov't § 20-606 (Unlawful Employment Practices): https://codes.findlaw.com/md/state-government/md-code-state-govt-sect-20-606/
• Md. Code, State Gov't § 20-1004 (Filing of Complaints; 300-day SOL): https://codes.findlaw.com/md/state-government/md-code-state-govt-sect-20-1004/
• Md. Code, State Gov't § 20-1009 (Relief Available): https://codes.findlaw.com/md/state-government/md-code-state-govt-sect-20-1009/
• Md. Code, State Gov't § 20-1013 (Civil Action; 180-day Waiting; 2- and 3-year SOL): https://codes.findlaw.com/md/state-government/md-code-state-govt-sect-20-1013/
• 2021 Maryland HB 156 (extension to 300 days): https://mgaleg.maryland.gov/2021RS/bills/hb/hb0156T.pdf
• COMAR 14.03.01 (MCCR Procedural Regulations): https://dsd.maryland.gov/regulations/Pages/14.03.01.aspx
• Maryland AG Civil Rights Division: https://oag.maryland.gov/i-need-to/Pages/civil-rights-division.aspx
• EEOC Baltimore Field Office: https://www.eeoc.gov/field-office/baltimore/location
• Montgomery County Code Ch. 27 (Human Relations): https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-77361
• Prince George's County Code Subt. 2 Div. 12 (Human Relations): https://www.princegeorgescountymd.gov/government/departments-offices/county-attorney/code-county-attorney
• Howard County Code § 12.200 (Office of Human Rights): https://www.howardcountymd.gov/human-rights
• Baltimore City Community Relations Commission: https://civilrights.baltimorecity.gov/
• CROWN Act, 2020 Md. Acts ch. 473-474
• Adler v. American Standard Corp., 291 Md. 31 (1981) (public-policy wrongful discharge)