Standing up against harassment or discrimination in the workplace takes courage. Whether you file a complaint with HR, report misconduct to a supervisor, or contact a government agency, you’re exercising a right that’s protected under both federal and Maryland law.
But what happens when your employer retaliates by firing you?
Unfortunately, retaliatory termination is one of the most common forms of wrongful firing. The good news is that it’s illegal. Employees in Maryland are protected from retaliation, and if you’ve been fired after reporting harassment or discrimination, you may have grounds to take legal action.
This article explains your legal protections, what retaliation looks like, and what to do if you believe you were wrongfully terminated for speaking up.
What Is Retaliatory Termination?
Retaliatory termination occurs when an employer fires an employee as punishment for engaging in a legally protected activity, such as:
- Reporting sexual harassment
- Filing a complaint about racial or gender discrimination
- Participating in an internal investigation
- Cooperating with the Equal Employment Opportunity Commission (EEOC) or the Maryland Commission on Civil Rights (MCCR)
- Supporting a co-worker’s discrimination claim
In Maryland and under federal law, it is illegal for your employer to retaliate against you for exercising these rights. That includes not just termination, but also demotion, pay cuts, shift changes, or other adverse employment actions.
Protected Activities in Maryland
Here are some examples of protected activities that the law shields from retaliation:
1. Reporting Harassment
This includes reporting sexual harassment, racial slurs, offensive jokes, unwanted advances, or any hostile work environment behavior based on a protected characteristic.
2. Filing a Formal Complaint
You are protected if you:
- File a grievance with HR
- Submit a report to your union
- File a complaint with the EEOC or MCCR
3. Participating in an Investigation
Even if you’re not the one who filed the original complaint, you are protected if you:
- Are interviewed during a workplace investigation
- Provide witness statements
- Testify in support of a co-worker’s claim
4. Requesting Accommodations
If you requested a reasonable accommodation for a disability or for religious reasons, and were fired shortly after, that may also qualify as retaliation.
What Does Retaliation Look Like?
Retaliation isn’t always obvious. Sometimes it’s direct—like a sudden termination—but often it’s subtle and gradual. Here are red flags to watch for:
- You’re terminated shortly after filing a complaint
- You suddenly receive poor performance reviews after years of good evaluations
- You’re excluded from meetings or denied promotions
- Your job duties are changed in a way that undermines your role
- You’re reassigned to a less desirable position or schedule
- You’re placed on a performance improvement plan (PIP) shortly after speaking up
Timing is often a key factor in proving retaliation. If the negative action came soon after your protected activity, the connection may be more than a coincidence.
Laws That Protect You
Several laws protect Maryland employees from retaliatory termination:
Federal Laws:
- Title VII of the Civil Rights Act of 1964 – Prohibits retaliation based on complaints of race, color, sex, religion, or national origin discrimination.
- Americans with Disabilities Act (ADA) – Protects those who report disability discrimination or request accommodations.
- Age Discrimination in Employment Act (ADEA) – Covers workers over 40 who report age-based bias.
- Section 1981 – Prohibits retaliation related to racial discrimination in contracts (including employment).
Maryland Law:
- Maryland Fair Employment Practices Act (FEPA) – Mirrors federal protections and sometimes extends them to more employers (e.g., those with fewer than 15 employees).
- Maryland Whistleblower Protection Law – Offers additional protections for public employees and certain private-sector whistleblowers.
Can You Sue Your Employer?
Yes. If you’ve been fired in retaliation for reporting harassment or discrimination, you may have a wrongful termination claim.
However, before you can sue, you often must file a charge with either the EEOC or the Maryland Commission on Civil Rights. These agencies will investigate the matter, offer potential mediation, and may issue a “Right to Sue” letter if your case meets certain criteria.
What Should You Do If You Were Fired After Reporting Misconduct?
- Document Everything:
Save emails, texts, performance reviews, and written complaints. Keep a timeline of events, including dates when you reported the issue and when retaliatory actions began. - Get a Copy of Your Personnel File:
In Maryland, you have a right to request access to your personnel records. This can help you verify what documentation your employer may use to justify the termination. - Speak to an Employment Attorney:
Retaliation and wrongful termination cases can be legally complex. A lawyer can help assess your claim, protect your rights, and guide you through the legal process. - File a Complaint:
If your claim involves discrimination or harassment, you’ll generally need to file with the EEOC or MCCR within 180 to 300 days of the termination.
What Compensation Can You Recover?
If your claim is successful, you may be entitled to:
- Back pay (lost wages)
- Front pay (future lost earnings)
- Compensation for emotional distress
- Attorney’s fees and legal costs
- Reinstatement (in rare cases)
- Punitive damages (if the employer’s actions were especially egregious)
Final Thoughts
You shouldn’t be punished for doing the right thing. Reporting harassment or discrimination in the workplace is a protected right—not a reason for dismissal.
If you were fired after speaking up, don’t assume you have no options. Maryland law provides strong protections against retaliatory termination, and you may be entitled to compensation for the harm you’ve suffered.
Understanding your rights is the first step. Standing up for them is the next. We recommend wrongful termination lawyers maryland.