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Maryland Hostile Work Environment Lawyer
Hostile Work Environment
A hostile work environment occurs when harassment or discrimination creates an abusive workplace—and as an experienced Maryland employment lawyer, I'm here to help you fight back.
2 years
statute of limitations
$1m +
case value
Required
EEOC/MCCR complaint
You don't have to endure harassment at work
If you’re experiencing persistent harassment, intimidation, or discrimination that makes your workplace unbearable, you may be facing a hostile work environment. No one should have to endure offensive conduct that affects their ability to work safely and with dignity.
At Fortis Employment Law, I help Maryland employees fight back against hostile work environments and workplace harassment. I am committed to protecting workers' rights and holding employers accountable. If you need an experienced employment lawyer to stand up for you, I can help.
Fortis' Joseph Gibson is "among the most influential and respected" employment attorneys in Maryland.
influential and respected
Maryland Daily Record (2024) (Employment Law Powerlist)
What is the deadline to file a harassment case?
If you’re dealing with a hostile work environment, it’s important to act quickly because strict deadlines apply to filing a claim. The deadline depends on whether you are filing under federal, state, or local laws.
As an employment lawyer, I ensure your case is filed correctly and on time, help gather evidence, and maximize your chances of success, whether through agency resolution, settlement negotiations, or litigation.
Federal
Under Title VII of the Civil Rights Act, you must file a charge with the Equal Employment Opportunity Commission (EEOC) or the Maryland Commission on Civil Rights (MCCR) within 300 days.
Maryland
Under the Maryland Fair Employment Practices Act (MFEPA), you now have two years from the date of the last incident to file a discrimination or harassment complaint.
How do I prove a hostile work environment case?
To prove a hostile work environment claim in Maryland, an employee must demonstrate that they were subjected to severe or pervasive harassment that altered the conditions of their employment. Courts analyze these cases under both federal law (Title VII of the Civil Rights Act) and state law (Maryland Fair Employment Practices Act - MFEPA).
A successful hostile work environment claim generally requires proving five elements.
1
Unwelcome Conduct
The behavior must be unwanted, offensive, or inappropriate. This means that the employee did not solicit or encourage the conduct and found it to be hostile, intimidating, or abusive.
2
Protected Characteristic
The harassment must be related to a legally protected trait under federal or state law. If the hostile work environment is not based on a protected characteristic, it may not be actionable under employment discrimination laws.
3
Severe or Pervasive
The harassment must be severe or pervasive enough to create a work environment that a reasonable person would find intimidating, hostile, or abusive. One extremely severe incident (such as sexual assault) may be enough to create a hostile work environment, while isolated mildly offensive comments may not meet the legal threshold.
4
Employer's Knowledge
The employer must have known or should have known about the harassment and failed to take appropriate action. If the harassment is committed by a supervisor, the employer can often be held automatically liable unless they can prove they took corrective action.
5
Damages
The harassment must have negatively affected the employee's work environment, mental health, or career.
Which laws apply to hostile work environment cases?
Employees in Maryland are protected under federal, state, and local laws, each of which provides different avenues for legal relief. The best law to file under depends on where you work, how many employees your employer has, and how long ago the harassment occurred. An experienced employment lawyer can help you determine the best path forward.
Federal
Title VII prohibits workplace harassment based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), or national origin and applies to employers with 15 or more employees.
State
The Maryland Fair Employment Practices Act prohibits harassment based on race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, disability, genetic information, age, or military status and applies to all Maryland employers with one or more employees, offering broader coverage than federal law.
Local
Montgomery County's Human Rights Law protects employees from harassment based on race, religion, gender identity, sexual orientation, family responsibilities, and more, applying to all employers with one or more employees, making it stronger than both federal and state laws.
Joseph was more than understanding, sympathetic, and caring—he listened and actually heard me.
Kathi C.
Wrongful Termination
He's phenomenal. He gave me the information and confidence necessary to achieve a satisfactory outcome.
Austin W.
Unpaid Wages
Joseph guided me with expertise and was willing to advocate for me in ways I was afraid to. Highly recommend!
Gaby R.
Wrongful Termination
My experience with him was amazing. I could not have asked for a better person to represent me.
Vayron M.
Discrimination
How does a wrongful termination lawyer help?
If you’ve been fired illegally, a wrongful termination lawyer can help you understand your rights, build a strong case, and fight for the compensation you deserve. Employers often try to justify unlawful firings as routine business decisions, but an experienced employment lawyer knows how to uncover the truth and hold them accountable.
If you’ve experienced harassment at work, working with an employment lawyer can significantly improve your chances of success. Contact Fortis Employment Law today to discuss your case and take the first step toward justice.
Building the Case
A wrongful termination lawyer will first evaluate whether your firing violated federal, state, or local employment laws, such as those protecting against discrimination, retaliation, or contract violations. They will gather crucial evidence—including emails, witness statements, and internal records—to strengthen your case. If your claim must go through a government agency before a lawsuit can be filed, your attorney will ensure that complaints are properly submitted to the EEOC, Maryland Commission on Civil Rights (MCCR), or other relevant agencies, meeting all deadlines and procedural requirements.
Negotiating Settlements
Many wrongful termination cases are resolved through negotiation, where your lawyer will push for a fair settlement that may include back pay, lost benefits, emotional distress damages, or severance pay. If your employer refuses to settle, your attorney can file a lawsuit and represent you in court, ensuring your case is aggressively pursued. Additionally, if you're still employed and fear retaliation for speaking up, an employment lawyer can help safeguard your rights and take action if your employer tries to punish you.
Questions about hostile work environment cases
What qualifies as a hostile work environment in Maryland?
A hostile work environment occurs when an employee is subjected to severe or pervasive harassment based on a protected characteristic, such as race, gender, age, disability, religion, or sexual orientation, making it difficult to perform their job. The harassment must be more than just rude behavior or isolated incidents—it must create an intimidating, offensive, or abusive workplace.
How do I prove a hostile work environment claim?
To prove a hostile work environment in Maryland, you must show that: (1) the conduct was unwelcome, (2) it was based on a protected characteristic, (3) it was severe or pervasive enough to create a hostile workplace, (4) your employer knew or should have known about the harassment, and (5) your employer failed to take appropriate action to stop it. Documenting incidents, saving emails, and gathering witness statements can help strengthen your case.
What should I do if I’m experiencing a hostile work environment?
If you are facing workplace harassment, you should document the incidents, report the behavior to your supervisor or HR department, and follow your company’s complaint procedures. If your employer fails to take action, you may file a complaint with the Maryland Commission on Civil Rights (MCCR) or the Equal Employment Opportunity Commission (EEOC). Speaking with an employment lawyer can help you understand your rights and the best course of action.
How long do I have to file a hostile work environment claim in Maryland?
The deadline to file a hostile work environment claim depends on where you file. If you file with the EEOC, you generally have 180 days (extended to 300 days if Maryland law also covers the claim). If you file with the MCCR, you also have 300 days. However, under the Maryland Fair Employment Practices Act (MFEPA), you can file a lawsuit in state court within two years without first filing with a government agency. Because deadlines are strict, it’s best to consult a lawyer as soon as possible.
Questions about workplace discrimination
How do I know if I have a discrimination case?
If your employer treated you unfairly due to race, gender, age, disability, or another protected characteristic, you may have a claim. An employment lawyer can assess your situation and help determine if you have a strong case.
How long do I have to file a workplace discrimination claim?
In Maryland, most claims must be filed with the EEOC or MCCR within 300 days of the discriminatory act, but deadlines vary based on the type of claim.
What compensation can I receive in a discrimination case?
You may be entitled to back pay, front pay, emotional distress damages, attorney’s fees, and in some cases, punitive damages.
Do I need an employment lawyer to file a workplace discrimination claim?
While not required, having a lawyer increases your chances of success by ensuring deadlines are met, evidence is gathered properly, and negotiations or litigation are handled effectively.