Effective October 1, 2024: Maryland Prohibits Employment Discrimination Based on Military Status
The Maryland General Assembly has updated the state’s employment discrimination laws. Starting October 1, 2024, Maryland employers will be prohibited from discriminating against employees and job seekers based on their military status. In addition, Maryland’s updated antidiscrimination laws will include military status as a protected category.
This change reflects Maryland’s ongoing efforts to promote fair treatment in employment, and it has several implications for employers in Maryland. Here is a breakdown of the updated laws and how they could impact your organization.
What is Employment Discrimination?
Employment discrimination occurs when an employer treats an employee or job applicant unfavorably based on certain personal characteristics such as race, gender, or other protected categories rather than performance or qualifications. Employment discrimination can come in various forms, including biased hiring, unfair promotion decisions, workplace harassment, unequal pay, or wrongful termination.
What are Maryland’s Antidiscrimination Laws?
Maryland law prohibits discrimination based on many factors in every aspect of employment. Employers cannot discriminate during the hiring process when setting work conditions, when deciding on promotions, or when terminating employees. These laws apply to a broad range of protected categories. Protected categories include:
Race
Color
Religion
Sex (including pregnancy)
Gender identity
Sexual orientation
National origin
Age
Disability
Genetic information
Military status (effective October 1, 2024)
Applies to Employers with 15+ Employees
Maryland’s employment antidiscrimination law applies to employers with 15 or more employees. However, complaints alleging unlawful employment harassment can be filed against employers of all sizes.
What Was Changed?
As of October 1, 2024, Maryland will include military status as a protected category under its employment antidiscrimination laws. This change specifically protects members of the armed forces and reserves, as well as their dependents. Beginning October 1, it will be illegal for employers to discriminate against a job applicant or employee based on their military status, just as it is illegal to discriminate based on race, gender, or any other protected characteristic.
Expands Military Status Protections
The inclusion of servicemembers’ dependents makes this law notably broader than the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), which mainly protects servicemembers’ rights to reemployment after military duty. Maryland’s laws will offer wider employment protections to more individuals with military ties.
How This May Impact Maryland Organizations
The introduction of military status as a protected category requires employers to revisit their HR policies and procedures to try to ensure compliance with the updated employment discrimination laws. Organizations may need to make adjustments in areas such as recruitment, hiring practices, and performance management to potentially avoid any possible discrimination claims.
To prepare to comply with Maryland’s latest labor law, review your organization’s HR policies and procedures.
Questions
Have questions about Maryland’s new military status employment protections or how they may impact your organization? Our team of HR experts is here to help. Contact Us.