Effective October 1, 2007, amendments to the Maryland Human Relations Act will likely result in Maryland employers seeing more employment discrimination lawsuits filed in state court.

Until this year, the remedial scheme of the Maryland statute differed from Title VII of the Federal Civil Rights Act of 1964. For example, under the Maryland Human Relations Act, an aggrieved employee could file an employment discrimination claim only with the Maryland Human Relations Commission, not in court. If the Maryland Human Relations Commission pursued a claim, only limited monetary damages for lost wages could be awarded against an employer.

Under the amendments to Article 49B of the Maryland Human Relations Act, the monetary damages available to employees will now more closely match those available under federal law (and vary depending upon the size of the employer). In addition to increased availability of damages for lost wages, punitive damages, attorneys’ and expert witness fees will also be recoverable. This change may result in more employees seeking recourse under Maryland, rather than federal, law.

Moreover, under the old law, employees could not pursue violations of the Human Relations Act in court. Under the amended act, employees will be able to file claims in Maryland circuit court 180 days after filing an administrative charge with the commission.

Because the Maryland law also provides for claims that are not available under Title VII, more employees may seek recourse in state court. For example, the Maryland law prohibits discrimination on the basis of sexual orientation, marital status, and family status – none of which are covered by Title VII. Maryland employees claiming discrimination or harassment on these bases can now pursue court actions for damages in Maryland state courts.

Maryland is part of the Fourth federal circuit, which is known to be one of the most employer-friendly circuits. With enactment of the new amendments to the Maryland Human Relations Act, aggrieved employees may start turning to the Maryland state courts to avoid the Fourth Circuit and hoping state judges will adopt a less employer-friendly approach to interpreting the employment discrimination laws.