Legal Strategies for Addressing Workplace Discrimination
Workplace discrimination can take many forms--whether it's being passed over for promotion, denied a raise, harassed, or wrongfully terminated based on race, gender, age, disability, religion, or other protected characteristics in Maryland law or under federal employment laws.
If you're facing discrimination on the job, you’re not alone—and there are clear legal strategies you can follow to protect yourself and seek justice.
At Mosson Law, LLC, we help employees understand their rights and take steps toward resolution, whether through negotiation or litigation. Here’s how to start building your case.
1. Document, Document, Document:
One of the most powerful tools in addressing workplace discrimination is documentation. Keep a personal log of discriminatory actions, comments, or treatment—include dates, times, locations, names of those involved, and what happened. Be specific.
Sometimes if you asked, for instance, for FMLA leave or a reasonable accommodation verbally, you can send a friendly email afterward, saying: "Hi, Fred, thanks for talking about my disability accommodation needs. I look forward to hearing back from you. If there's a form to file, let me know. Thanks, Bill." In this way, the email even if days later makes a record of the conversation.
If possible, save written communications such as emails, texts, or performance reviews that support your concerns. For example, if a manager praises your performance one week and unjustifiably reprimands you the next after you disclose a disability, those documents may help show a pattern of discrimination. If you are terminated, you may (and likely shall) lose access to these forms, emails, and evidence.
As I’ve discussed in my blog on The Duty to Preserve Evidence in Maryland, preserving relevant records and communications is essential in any legal matter. This includes not deleting anything—even if it’s unpleasant or uncomfortable to keep.
2. Know Your Rights!
Employees are protected by various state and federal laws, including, but not limited to:
-
Title VII of The U.S. Civil Rights Act (race, color, religion, sex, national origin)
-
The Americans with Disabilities Act (ADA)
-
Age Discrimination in Employment Act (ADEA)
-
Maryland's Fair Employment Practices Act (with similar and additional protected categories)
-
Whistleblower Laws (often specific to industry, and protecting Maryland governmental employees, for instance)
-
Maryland's Wage Payment and Collection Law (for being paid what's owed on time)
-
& more!
These laws and ones not listed above, such as the U.S. Family Medical Leave Act, prohibit employers from treating employees adversly based on protected categories. They also protect against retaliation if you file a complaint or participate in an investigation concerning perceived illegal discrimination or in opposition to perceived illegal discrimination.
If you're unsure which laws apply to your case, it’s wise to speak with an attorney who can evaluate your situation and provide guidance tailored to Maryland law as well as U.S. law.
There are many, and sometimes one, or more than one, can apply to a complex factual workplace scenario.
3. Issues of Consideration:
Before taking legal action, you may need seek to exhaust internal options. It could be possible, sometimes, problems at hand are solved. Check out your employee handbook, and if you're a union member, your union contract and grievance process. Many Baltimore metro area medical and hospital systems may have internal 'appeal procedures,' which can help resolve problems or, if not, document them.
Plus, talk to an employment lawyer. You don’t have to navigate this process alone.
If the discrimination continues—or if your employer retaliates—you should consult an attorney.
At Mosson Law, LLC, we offer consultations to help you understand your legal position. Whether it’s pursuing a complaint with the Equal Employment Opportunity Commission (EEOC), negotiating a severance, or filing a lawsuit, legal advice ensures you follow the right steps at the right time.
As I noted in my article, The Importance of Legal Representation in Employment Disputes, even experienced professionals benefit from skilled legal counsel when their livelihood is on the line.
Next Steps at Mosson Law, LLC:
A query at Mosson Law begins with a formal legal consultation if you seek legal advice and strategizing about best next steps, practical, legal, internal, external, and otherwise. A legal consultation is crucial to explore your legal options.
Contact Mosson Law, LLC at www.mossonlaw.com or at 443 226 0601
Schedule a consultation to protect your rights!
Disclaimer: This blog is for general informational purposes only. It is not legal advice and does not form an attorney-client relationship. Each case depends on specific facts and should be reviewed individually with a qualified attorney.