Discrimination
Protecting Employees and Employers in the Annapolis, Glen Burnie, Silver Spring, Frederick, Anne Arundel, and Howard County Areas
Joyce E. Smithey is a seasoned Annapolis discrimination attorney who represents employers and employees throughout Maryland in matters involving allegations of discrimination in employment. She also counsels employers in Maryland on EEOC compliance and claim prevention.
State and federal laws prohibit Maryland employers from discriminating against employees who fall into any of a number of different protected classes. The Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and various other statutes prohibit discrimination in employment based upon an employee’s age, disability, family responsibilities, genetic status, marital status, national origin, political opinion, pregnancy, race, religion, sex, or sexual orientation. Employers who discriminate can face financial liability and other consequences, and employees who are subjected to discrimination in the workplace are entitled to seek financial compensation for the harm their employer causes. If you believe you were discriminated against by your employer, speak with the skilled Annapolis discrimination lawyers of Smithey Law Group LLC today.
Choose Experienced Maryland Workplace Discrimination Lawyers
Discrimination disputes are not abstract legal puzzles. They are lived experiences that can alter reputations, careers, and company culture. At Smithey Law Group, our workplace discrimination attorneys combine deep legal acumen with insight drawn from decades of leadership within Maryland’s legal community. Ms. Smithey, author of the Fourth Edition of Maryland Rules Commentary and contributing author to the MSBA Employment Law Deskbook, brings a rare combination of authority and empathy to every case. Her work has been featured in The New York Times, MSNBC, U.S. News & World Report, and The Washington Post, reflecting both her skill and the trust she commands at the highest levels of the profession.
Attorney Joyce E. Smithey and her team of talented legal professionals bring more than 18 years of employment law experience to representing clients in discrimination-related matters. They have extensive experience in litigation, Equal Employment Opportunity Commission (EEOC) claims, and other administrative matters involving allegations of the workplace and job-related discrimination, regularly representing both employers and employees.
For employers, facing an accusation of unlawful discrimination is an extremely serious matter. For employees who have experienced discrimination, it is critical to stand up for their legal rights. Our experienced Maryland discrimination lawyers are passionate about protecting their clients, and they can use their vast knowledge and experience to help you secure a just outcome in your case.
What are Examples of Unlawful Discrimination in Employment?
The state and federal prohibitions on discrimination apply to all aspects of the employment relationship – from hiring to termination, and everything in between. As a result, Maryland employers must adopt and employ a comprehensive anti-discrimination policy, and they must ensure that their managers and other employees are appropriately trained to avoid making unlawful, discriminatory decisions that can lead to liability. Some of the more common examples of improper discriminatory practices include:
- Stating or suggesting preferred candidates in a job listing or advertisement
- Excluding potential employees from the recruitment process based upon their representation of a protected class
- Denying compensation or benefits to an employee on a discriminatory basis
- Paying equally-qualified employees in the same position different salaries
- Applying discriminatory policies when assigning disability leave, maternity leave, or retirement options
- Denying or disrupting certain employees’ use of company facilities
- Discriminating when issuing raises or promotions, or when conducting layoffs
- Harassing an employee based upon his or her race, gender, age, religion, or other protected trait
- Withholding employment opportunities from an employee based upon his or her relationship with a person of a certain race, religion, or ethnicity
It is also unlawful for employers in Annapolis, Maryland to make assumptions based upon race, gender, or age-related stereotypes, or to assume that an employee is incapable of performing certain tasks or job duties based upon a disability. If you feel that you were denied due to one of the factors above, call our Annapolis discrimination lawyers for advice.
Is Discrimination Always Obvious?
Discrimination is not always blatant. Moreover, subtle discrimination can be just as harmful as overt acts of prejudice. Microaggressions, such as consistent exclusion from key meetings or coded language about “fit,” often reveal bias that can violate discrimination laws.
Examples include:
- Supervisors giving one employee prime assignments while consistently overlooking another with equal qualifications;
- Managers scheduling critical meetings outside an employee’s known religious observance hours or family-care windows;
- Coworkers making “jokes” or comments about age, gender, or cultural background that create an uncomfortable environment;
- Leadership praising “youthful energy” or “fresh perspectives” as coded preferences in promotion discussions; and
- Team leaders excluding employees who work remotely due to a disability from informal decision-making chats where advancement opportunities arise.
Each of these behaviors, while seemingly small, can accumulate into a pattern of bias that violates both federal and Maryland anti-discrimination statutes. Recognizing these early allows our workplace discrimination attorneys to build a clear evidentiary record before damage spreads.
Employees: What Should I Do If I Have Experienced Job-Related Discrimination?
If you believe that you may be a victim of unlawful employment-related discrimination, it is important that you speak with our skilled Maryland discrimination lawyer as soon as possible. For many types of discrimination claims, you must file a claim with the EEOC or another state or federal agency before you can file a lawsuit in court.
Many employees also underestimate the importance of documentation. Establishing a paper trail can significantly impact whether a claim is successful. Keep a contemporaneous record of every incident, including dates, times, participants, and direct quotes. An early consultation with Smithey Law Group can help avoid EEOC deadlines passing unnoticed, which is essential (even one missed filing date can forfeit the right to sue).
Retaliation is another key concern. When an employee reports discrimination or assists in another’s claim, retaliation laws under Title VII prohibit employers from punishing them for asserting their rights. If you notice a sudden negative performance review, isolation from projects, or changes in schedule after you complained, these are potential red flags.
Additionally, there are strict timelines for enforcing your rights, and you do not want to make mistakes that could jeopardize or delay your ability to seek just compensation. Our attorneys know how to connect the dots between the initial report and the adverse action to build a compelling retaliation case. Joyce Smithey and her team can thoroughly assess your claim and quickly take appropriate action to protect your rights.
Employers: How Do I Avoid Discrimination Claims and Protect My Company in Discrimination-Based Disputes?
For employers, prevention starts with culture. Smithey Law Group helps design inclusive policies that exceed compliance standards under the Maryland Fair Employment Practices Act. The firm conducts proactive audits, reviewing pay equity, recruiting channels, and promotion data, to identify systemic risks before they trigger litigation. By maintaining transparent complaint procedures, companies build trust and minimize EEOC exposure.
Common employer missteps include:
- Failing to document legitimate business reasons for discipline or termination,
- Allowing inconsistent enforcement of company policies,
- Neglecting to train managers on what constitutes retaliation, and
- Assuming that good intentions excuse discriminatory impact.
Each of these mistakes can escalate into an EEOC charge or lawsuit. Taking early advice from workplace discrimination lawyers experienced on both sides of these disputes can help provide a powerful safeguard.
Ms. Smithey represents employers throughout Maryland with respect to compliance, claim prevention, and defense of discrimination-based claims. This includes providing assistance with mandatory EEOC disclosures, training employees on what constitutes unlawful discrimination, appropriately responding to allegations of discrimination in order to avoid further allegations of retaliation, and defending against discrimination claims in administrative matters as well as state and federal court. With experience on both sides of employment discrimination claims, Ms. Smithey and her team offer deep insights for helping employers limit their exposure and mitigate the consequences of their employees’ discrimination claims.
Frequently Asked Questions About Workplace Discrimination in Maryland
Can I Recover Damages for Emotional Distress?
Yes. Victims of discrimination may recover compensatory damages for emotional pain, humiliation, and loss of enjoyment of life. The court or jury may also award punitive damages if an employer acted with malice or reckless indifference. Experienced workplace discrimination lawyers quantify these intangible harms through medical records, witness testimony, and personal journals to strengthen your claim.
Can I Hold My Manager or Supervisor Personally Liable?
Under federal law, employers are typically the only entities liable for discrimination. However, Maryland law allows claims against individuals who “aid, abet, incite, compel, or coerce” discriminatory conduct. That means a supervisor who retaliates or denies advancement because of bias can face personal exposure in addition to the company’s liability.
What Is Reverse Discrimination, and Is It Illegal?
Favoring one group over another based on race, sex, or other protected characteristics, regardless of which group benefits, violates Title VII. Courts treat all individuals equally under the statute. Our workplace discrimination attorneys evaluate whether diversity initiatives cross the legal line into preferential treatment and advise employers on lawful inclusion strategies.
Are Settlement Discussions and Mediations Confidential?
Yes. Mediation conducted through the EEOC or privately under Maryland law remains confidential by statute. Nothing said during mediation may be used later in court, which encourages open dialogue and creative solutions. Smithey Law Group prepares clients for mediation by setting clear goals and drafting confidentiality agreements to protect sensitive information.
Can Discrimination Occur in Remote or Hybrid Work Settings?
Yes. Excluding remote employees from meetings, promotions, or team communications can constitute disparate treatment under Title VII or the ADA. Bias expressed through digital channels, such as chat platforms or video meetings, carries the same legal weight as conduct in an office. Our firm advises clients on documenting virtual misconduct and updating telework policies to meet equal-treatment obligations.
Do I Need to Show Proof of Intent to Win a Claim?
Not always. Courts may infer discrimination from patterns or inconsistencies. For example, if an employer’s stated reason for firing conflicts with documented performance history, courts can infer their intent. The firm’s legal team builds cases through data, comparative evidence, and witness testimony.
What If My Employer Says It Based Its Decision on Performance, Not Discrimination?
Courts examine whether the stated reason is a pretext, i.e., a cover for discrimination. Evidence such as inconsistent evaluations, shifting explanations, or comparisons with similarly situated employees can reveal pretext. Skilled counsel from Smithey Law Group analyzes records, deposes witnesses, and demonstrates inconsistencies to expose unlawful motive.
Schedule a Consultation with our Maryland Discrimination Attorneys
If you need to speak with an Annapolis discrimination lawyer about an employment discrimination matter, contact Joyce E. Smithey to arrange a confidential consultation. She is the Managing Partner in the Maryland law firm of Smithey Law Group LLC, and she represents employers and employees throughout Maryland and the D.C. area.
Whether you are an executive denied advancement or an employer striving to prevent claims before they start, we offer tailored strategies built on credibility, discretion, and deep statutory knowledge. Joyce Smithey’s role as educator and thought leader, teaching law school courses and writing for the Metropolitan Washington Employment Lawyers Association, means clients benefit from counsel that not only reacts but anticipates. Her recognition in Chambers USA and inclusion among America’s Top 100 High Stakes Litigators reflect a record of results few firms can match.
To schedule a confidential consultation, with our Maryland discrimination attorneys call us or contact us online today.