Maryland
State Protections and Legal Framework
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State constitutional guarantees regarding right to education
Article 8 of the Maryland Constitution establishes a “thorough and efficient system of free public schools.” Md. Const. Art. VIII, § 1. It also guarantees the school system will be continued and that funding allocated for education can only be used for education. Md. Const. Art. VIII, §§ 2-3.
Case law and legislative history defining and interpreting the right to education
Article 8 does not guarantee equal funding per pupil in public schools, and the education provided does not need to be “equal” in terms of mathematical uniformity. Hornbeck v. Somerset County Bd. of Educ., 458 A.2d 758, 776–80 (Md. 1983). However, there must be efforts made to “minimize the impact of undeniable and inevitable demographic and environmental disadvantages on any given child.” Id. Further, all public schools cannot deny education on the basis of race. State ex rel. Clark v. Md. Inst. for Promotion of Mechanic Arts, 41 A. 126, 130 (Md. 1898).
State constitutional protections regarding non-discrimination and equity
Even though the Maryland Constitution does not explicitly have an equal protection clause, the “concept” of equal protection is embodied within Article 24 of the Maryland Declaration of Rights. Md. Dec. of R. art. 24; State Admin. Bd. of Election Laws v. Board of Supvrs., 679 A.2d 96, 100 (Md. 1996). Education is not a fundamental right for purposes of analysis under Article 24. Hornbeck, 458 A.2d at 786. Article 36 protects religious freedom. Md. Dec. of R. art. 36. Article 46 prevents discrimination based on sex. Md. Dec. of R. art. 46
Other relevant state constitutional civil rights protections
Article 48 protects reproductive freedoms. Md. Dec. of R. art. 48. Article 47 protects the rights of crime victims throughout the criminal justice process. Md. Dec. of R. art. 47.
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State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA)
Maryland has a statute that prohibits discrimination in education “on the basis of race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability.” Md. Code Ann., Educ. § 26–704 (West 2025). All public schools, Pre-K through secondary school, and non-public schools which receive state funds cannot discriminate against, refuse enrollment of, discipline, invoke a penalty against, or take any other retaliatory action against a current student, prospective student, or the parent or guardian of a current or prospective student on the bases listed above. (Md. Code Ann., Educ. § 26–704 (West 2025)) This statute is equivalent in many respects to Title VI (prohibiting discrimination on the basis of race, color, or national origin), Title IX (prohibiting discrimination on the basis of sex), and Section 504 (prohibiting discrimination on the basis of disability).
Maryland law also outlines specific protections for children with disabilities in addition to the prohibition of discrimination on the basis of disability. Md. Code Ann., Educ. § 26–704 (West 2025).
A possible state analog to the Educational Opportunities Act, which prohibits discrimination against faculty, staff, and students, and requires school districts to take action to overcome barriers to students’ equal participation is a Maryland regulation that:
“establishes as a matter of policy and priority that: (a) Each Maryland public school will provide every student equitable access to the educational rigor, resources, and supports that are designed to maximize the student’s academic success and social/emotional well-being; (b) Each local school system’s procedures and practices provide for educational equity and ensure that there are no obstacles to assessing educational opportunities for any student; and (c) Achievement will improve for all Maryland students and achievement gaps will be eliminated.” Md. Code Regs. 13A.01.06.01 (West 2025).
Furthermore, teacher candidates seeking licensure must demonstrate cultural competencies, including the ability to “[i]dentify and assess how issues such as racism, sexism, socioeconomic status, immigration, and gender impact marginalized students, families and educators on multiple levels. . . .” Md. Code Regs. 13A.07.06.15 (West 2025).
Maryland law provides further protections against discrimination in contexts other than education. See below: Antidiscrimination protections under state human rights statutes.
Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)
LGBTQ+ Students: There are protections for LGBTQ+ students under Maryland law, as discrimination on the basis of sexual orientation and gender identity is prohibited in the law prohibiting discrimination in education.Md. Code Ann., Educ. § 26–704 (West 2025). The Maryland State Department of Education Division of Student Support and Federal Programs issued guidance in October 2024 entitled “Safe and Supportive Schools for All Students: Creating Inclusive Spaces for LGBTQIA+ Youth.” The guidance document “is designed to serve as a suggestion for consideration for school systems and administrators who may want to develop an internal policy, procedures, and/or guidelines.” Md. State Dept. of Educ., Safe and Supportive Schools for All Students: Creating Inclusive Spaces for LGBTQIA+ Youth (Oct. 2024).
Multilingual Learners: The Multilingual Learners/Title III Office of the Maryland State Department of Education works with local education agencies to ensure that quality, research-based English language development programs are offered to multilingual learners. This effort is based on both Title III of the Federal Every Student Succeeds Act and on the Educational Equity chapter of Maryland regulations. Md. Code Regs. 13A.01.06.01 (West 2025).
Undocumented Students: Students, parents, and guardians “[e]njoy confidentiality and privacy in regard to the disclosure of information contained in [school] records to outside agencies.” Md. Code Regs. 13A.08.02.02 (West 2025). Parents/guardians can identify a “standby guardian” to care for their child if they are detained or deported by filling out a form and providing a copy to schools, health care providers, and family members. Maryland Judiciary Form CC-GN-041 (Rev. 02/2025) Parental Designation and Consent to the Beginning of Standby Guardianship (Estates and Trusts § 13-904). Federal protections for undocumented students are more extensive than Maryland state law protections. The Maryland State Superintendent of Schools published a memorandum about immigration enforcement in schools, that stated it will “help districts maintain compliance with federal laws. . . . Local education agencies/schools may not require students or parents to provide their immigration status or social security number as a condition of enrollment. Schools are required to adhere to enrollment practices that uphold students’ rights under federal law.” Carey M. Wright, Md. State Dept. of Educ., Immigration Enforcement in Schools (Jan. 30, 2025). Superintendent Wright understands those rights as flowing from the U.S. Supreme Court decision Plyler v. Doe (Plyler v. Doe, 457 U.S. 202 (2005) ), which “affirms that schools cannot deny students a free public education based on their undocumented or non-citizen status or that of their parents/guardians.” Carey M. Wright, Md. State Dept. of Educ., Immigration Enforcement in Schools (Jan. 30, 2025).
State law protections regarding color of law or pattern/practice liability for law enforcement in school
A pattern or practice of unconstitutional conduct claim may be brought against local government and the state of Maryland. State v. Young, 333 A.3d 610, 621 (Md. 2025). Such a claim is called a Longtin claim, based on the Maryland Court of Appeals’ holding in Prince George’s County v. Longtin 19 A.3d 859 (Md. 2011).
Anti-discrimination protections under state human rights statutes
Maryland provides protection against discrimination in employment Md. Code Ann., State Gov’t § 20-602 (West 2025), housing,Md. Code Ann., State Gov’t § 20-702 (West 2025), public accommodations Md. Code Ann., State Gov’t § 20-304 (West 2025), state contracts (commercial non-discrimination policy) Md. Code Ann., State Fin. & Proc. § 19-101 (West 2025), health services, Md. Code Ann., Health–Gen. § 19-355(c) (West 2025), and leasing of commercial property, Md. Code Ann., State Gov’t § 20-501 (West 2025).
The Maryland Commission on Civil Rights enforces Maryland’s human rights statute, Md. Code, State Gov’t, § 20 (known as “Title 20”).
Private right of action provisions under state civil rights and human rights statutes
“Any person claiming to be aggrieved by an alleged discriminatory act may file a complaint with the Commission.” Md. Code Ann., State Gov’t § 20-1004 (West 2025). “When a complaint alleging an unlawful employment practice is issued and served. . . a complainant or respondent may elect to have the claims asserted in the complaint determined in a civil action brought by the Commission on the complainant's behalf. . . .” Md. Code Ann., State Gov’t § 20-1007 (West 2025). “Within 60 days [if the complainant elects to have claims asserted] the Commission shall file a civil action in the circuit court for the county where the alleged unlawful employment practice occurred.” Md. Code Ann., State Gov’t § 20-1012 (West 2025). “In addition to the right to make an election [to have claims asserted], a complainant may bring a civil action against the respondent alleging an unlawful employment practice, if [certain conditions are met].” (Md. Code Ann., State Gov’t § 20-1013 (West 2025).)
Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims?
HB 1261 was introduced by Delegate Boafo on February 7, 2025. The status of the bill is available at https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb1261?ys=2025RS. When checked on July 17, 2025, the bill had been referred to the CMTE. The bill would amend the Employment Discrimination statute (Section 20-601, 602) of the Annotated Code of Maryland “for the purpose of prohibiting certain acts, regardless of the actor’s intent, that have a discriminatory effect in employment. . . .” HB 1261.
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Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law?
The right is conferred both on the student and the parent/guardian to bring a claim under this law. “A complainant alleging discrimination in violation of Education Article, § 26-704, Annotated Code of Maryland, may file a complaint in writing with the Superintendent. . . . A parent or guardian of a minor alleging discrimination may file a complaint on behalf of the minor.” Md. Code Regs. 13A.01.07.04 (West 2025).
Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?
The specified law provides protections against retaliation that are clearly spelled out in the law: “An entity listed under subsection (a) of this section may not: (3) . . . take any other retaliatory action against a student or parent or guardian of a student who files a complaint alleging that the program or school discriminated against the student, regardless of the outcome of the complaint.” Md. Code Ann., Educ. § 26–704(b)(3) (West 2025)
Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?
Education related civil rights complaints
“A complaint shall be filed within 60 days from the later of the date of the last discriminatory act or when the complainant learned of the discrimination. (2) A complaint shall be deemed to have been filed within the 60-day period if, before the expiration of the 60-day period, it has been: (a) Delivered to the Department; or (b) Deposited in the United States mail, as registered or certified mail or Express Mail, or deposited with a delivery service, such as Fed Ex, UPS, or DHL, that provides verifiable tracking of the item from the point of origin.” Md. Code Ann., Educ. § 13A.01.07.04 (West 2025).
State human rights complaints
In employment, “[a] complaint shall be filed within 6 months after the date on which the alleged discriminatory act occurred,” except: “(ii) A complaint filed with a federal or local human relations commission within 6 months after the date on which the alleged discriminatory act occurred shall be deemed to have complied . . . . (2)(i) A complaint alleging an unlawful employment practice other than harassment shall be filed within 300 days after the date on which the alleged discriminatory act occurred. (ii) A complaint filed with a federal human relations commission within 6 months or a local human relations commission within 300 days shall be deemed to have complied with subparagraph (i) of this paragraph. (3)(i) A complaint alleging harassment against an employer shall be filed within 2 years after the date on which the alleged harassment occurred. (ii) A complaint filed with a federal human relations commission within 6 months or a local human relations commission within 2 years after the date on which the alleged harassment occurred shall be deemed to have complied with subparagraph (i) of this paragraph. Md. Code Ann., State Govt. § 20-1004 (West 2025).
Are there areas where the state laws provide more protections than federal law? What are those areas?
“Maryland is indisputably one of the most LGBT-friendly states in the country. Maryland passed legislation prohibiting discrimination on the basis of sexual orientation in 2001, added sexual orientation to the state's hate crime statute in 2005, and provided domestic partner benefits to state employees in 2009. [In 2012], Maryland became the sixth state to pass an unqualified marriage equality bill. . . .” Merki et al., The Future of LGBT Civil Rights and Equality in Maryland, 44 U. Balt. L.F. 43 (2013)
How do I file a complaint about discrimination in a K-12 public school in Maryland?
Department of Education
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Who is eligible to file (students, parents, advocates, others)?
A student, or a parent or guardian of a minor on behalf of a minor. Md. Code Regs. 13A.01.07.04 (West 2025).
***NOTE QUESTIONS FROM ADVOCATES RE RIGHTS OF TEACHERS AND STAFF TO FILE SUITS ON BEHALF OF STUDENTS OR ANOTHER GROUP OF EDUCATORS. For example, Baltimore has a high number of immigrant teachers from the Caribbean and Philippines to address shortages. Many of them are fearful of detention, renditions, or worse deportation. Local union, Baltimore Teachers Union (BTU) is pressuring the MDDOE to do more to protect these teachers and paraprofessionals who are immigrants
Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school, district’s, or other agency’s process first, etc.)
The complaint can be filed directly with the Superintendent. Id.
How to initiate the process (relevant websites, standard forms, submission locations)
The complainant should deliver the complaint by regular mail or email to the Department. The complaint should be in writing and should include: (1) the complainant’s name, mailing address, telephone number, and signature; (2) the respondent’s name, mailing address, email address, and telephone number; (3) the date of any alleged discriminatory acts; (4) a statement of facts describing any discriminatory acts; (5) a statement of the relief requested; and (6) any supporting documents, exhibits, and affidavits. Id. The complaint should not be longer than 15 pages, excluding attachments. Id.
Can complaints be filed anonymously or confidentially?
No. The complaint should include information about the complainant. Id.
Are there language access requirements for complaint processes?
Unknown, but no evidence of such requirements was found.
Are there known barriers to accessing enforcement (filing fees, documentation requirements)?
Some barriers to accessing enforcement might be: (1) language; and (2) ability to navigate the legal elements of the complaint, such as stating the relief requested.
Can complainants have advocates or legal representation?
Most likely yes, based on Maryland lawyers advertising their services for those types of matters. See, e.g. www.thatcherlaw.com, advertising their legal services for education matters including discrimination in Maryland.
Are complainants entitled to legal representation or other advocates to file or at any point in the process?
Unknown, but no evidence of such an entitlement was found.
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What are the required elements of the civil rights claim?
The complaint should be in writing and should include: (1) the complainant’s name, mailing address, telephone number, and signature; (2) the respondent’s name, mailing address, email address, and telephone number; (3) the date of any alleged discriminatory acts; (4) a statement of facts describing any discriminatory acts; (5) a statement of the relief requested; and (6) any supporting documents, exhibits, and affidavits. Md. Code Regs. 13A.01.07.04 (West 2025). The complaint should not be longer than 15 pages, excluding attachments. Id.
Who reviews claims and what timeframes apply?
After the Department of Education receives a complaint, it provides notice of the complaint to the program or school that is the subject of the complaint and, if applicable, the county board in which the program or school is located. Md. Code Regs. 13A.01.07.05 (West 2025). Within 30 days of receipt of written notice of the complaint, the county board, program, or school shall submit a written response to the Superintendent setting out its position. Id.
Within 5 days of receiving the response from the county board, program, or school, the Department shall contact the parties and determine if the parties are willing to attempt mediation of an agreement between the complainant and the respondent to remedy and eliminate the alleged discrimination. Md. Code Regs. 13A.01.07.06 (West 2025).
If the parties are agreeable to mediation of the complaint, the Department will refer the complaint to the Office of Administrative Hearings for mediation to be completed within 60 days of the filing of the complaint. Id.
If the mediation is successful, the Superintendent shall issue a written statement to both parties of the mediation findings and agreement, including the timeline within which any agreed actions must be taken. Id.
If a mediation agreement is not reached within the 60-day time period, the parties shall give written notice to the superintendent. Id. The superintendent shall make a decision based on the filings with the Department unless the Superintendent requests parties to present additional documents, answer any questions, or present oral argument. Id. Within 120 days after the complaint is filed, the Superintendent shall issue a written decision including: findings of facts; conclusions of law; and notice of appeal rights, including any deadlines for filing an appeal. Id.
What type of investigation may occur?
Both the complainant and the program or school where the event occurred get a chance to present their version of events. The Superintendent may request additional evidence. Id.
Who participates in investigations?
The complainant, the program or school where the event occurred, and the Superintendent. Id.
Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?
Complainants are entitled to a mediation, and if unhappy with the Superintendent’s decision, they are entitled to a hearing after appeal.
What privacy/confidentiality protections exist?
Unknown.
Are school districts required to publicly post civil rights complaint procedures?
Schools (all public schools, Pre-K through secondary school, and non-public schools which receive state funds) are required to adopt and maintain a written antidiscrimination policy, and must include an antidiscrimination statement in their student handbook. Md. Code Regs. 13A.01.07.03 (West 2025). The exact language that must be in the handbook is written in the regulation.
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What is the appeals process, if any?
Administrative law judges in the Office of Administrative Hearings have the authority to make the final administrative decision on the appeal of a Superintendent’s decision. Either party may appeal the Superintendent’s decision by making a request filed within 10 days from the day notice of the decision is sent to the party, or if the Superintendent does not issue a decision within 120-days, the hearing request may be filed 130 days after the complaint is filed. If the subject of the decision is also before the State Board on an appeal filed pursuant to COMAR 13A.01.05, the party shall choose between: (a) filing a request for a hearing to appeal the Superintendent’s decision to the Office of Administrative Hearings and withdrawing the State Board appeal; or b) Pursuing the appeal before the State Board pursuant to COMAR 13A.01.05 and foregoing a hearing request to appeal the Superintendent’s decision. Md. Code Regs. 13A.01.07.07 (West 2025).
The hearing request shall state: (a) the name and address of the parties and any representatives of the parties; and (b) the date of the Superintendent’s decision. Id.
The hearing shall proceed in accordance with the APA, and Maryland law. The party filing the appeal and request for a hearing shall have the burden of proof by a preponderance of the evidence. The hearing shall be held in the county where the alleged discrimination occurred. Id.
The administrative law judge shall issue, by regular mail, a decision and an order to the parties stating: (1) findings of fact; and (2) conclusions of law; and (3) if the ALJ finds that the respondent has violated § 26-704, a directive: (a) to cease and desist from engaging in the discrimination; and (b) to take any affirmative action necessary to effectuate the purposes of § 26-701 et seq. Id.
Are remedies legally enforceable once a violation is found?
A decision by an ALJ is the final administrative decision and may be appealed to the circuit court. Id.
Are there other administrative processes that must be exhausted before taking legal action?
No.
Do state agencies publish complaint outcome data?
No.
What enforcement mechanisms exist for non-compliance?
Unknown.
State Attorney General Enforcement Actions
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State Attorney General Actions
Has the AG taken civil rights actions involving education in the past 5 years?
Maryland’s Attorney General, Anthony Brown, has currently involved the state in several lawsuits against the Trump administration and the current Department of Education (“ED”). The lawsuits are as follows:
Challenging the halting of pipeline programs which provide grants to address teacher shortages. Complaint at 2-3, State of Cal., et al. v. U.S. Dept. of Ed., et al. (D. Mass. 2025). These programs specifically increase the number of teachers in underserved communities and in hard-to-staff subjects like math and special education. Id.
Trying to prevent cuts to the ED that would reduce its workforce by about fifty percent. Complaint at 2-3, State of N.Y., et al. v. McMahon, et al. (D. Mass. 2025). States rely on the ED for funding to low-income children, children with disabilities, and enforcement of anti-discrimination policies in education. Id.
Challenging the ED’s attempt to withhold funds used for education from state and local education agencies that continue certain diversity, equity, and inclusion programs. Complaint at 2-4, State of NY, et al. v. Dept. of Ed., et al. (D. Mass 2025).
Attempting to maintain funds from the ED that support students’ academic, social, and emotional needs stemming from the impact of the COVID-19 pandemic. Complaint at 2, State of NY, et al. v. Dept. of Ed., et al. (S.D.N.Y. 2025).
What enforcement powers does the AG possess in education-related cases?
The Attorney General, including the Civil Rights Division, cannot address civil rights violations by State or local governments or agencies. https://www.marylandattorneygeneral.gov/Pages/CivilRights/default.aspx (“The Division also does not have the authority to address civil rights violations by State or local governments or agencies.”)
Does the AG accept individual education civil rights complaints, or does the office only take on broad investigations? (if they do individual complaints, would want to answer the below complaint process questions for the AG’s office)
No, the Attorney General does not accept individual civil rights complaints.(Civil Rights Complaint Form, https://forms.office.com/Pages/ResponsePage.aspx?id=aS8vZtduuUyYS38EGbmpnExfuqQgG91Ip1A63FB0jn9UN0pZV1A2MllIVE9WTzJCS0w5R0I4T0hWQy4u (“The Civil Rights Division does not represent individuals.”)) The Attorney General only brings cases on behalf of the state, but individual complaints can be filed with the Maryland Commission on Civil Rights. Id. (“Individual complaints regarding housing, employment, and public accommodations can be filed with the Maryland Commission on Civil Rights. The Civil Rights Division brings cases on behalf of the State of Maryland where there is discrimination resulting from a policy or a practice that has harmed or has the potential to harm multiple people.”)
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Does the AG have an office/section dedicated to education or education civil rights issues?
The Attorney General does not have an office dedicated to education civil rights issues. However, the Attorney General does have a dedicated Civil Rights Division. This section released a guide regarding LGBTQIA+ protections in Maryland. https://www.marylandattorneygeneral.gov/News%20Documents/2025_LGBTQI+_Guidance_Memorandum.pdf (Last Accessed July 17, 2025). This guide features a section regarding schools specifically (Attorney General of the State of Maryland Guidance to the LGBTQIA+ Community Concerning Protections Under Maryland Law at 4.) It describes the protections LGBTQIA+ students have in Maryland schools, including their ability to use their chosen names and the fact that students’ records will not be publicly disclosed. (Attorney General of the State of Maryland Guidance to the LGBTQIA+ Community Concerning Protections Under Maryland Law at 4-5.)
Other State Enforcement Systems
Maryland Commission on Civil Rights (MCCR)
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Who is eligible to file (students, parents, advocates, others)?
Anyone who has been a victim of “discrimination in employment, housing, public accommodations, state contracts, commercial leasing, or health services because of your race, color, religion or creed, sex, age, ancestry or national origin, marital status, physical or mental disability, sexual orientation, gender identity, genetic information (employment only), familial status (housing only), source of income (housing only), and/or military status (employment and housing only)” https://mccr.maryland.gov/Pages/Inquiry-Start.aspx (Last Accessed July 17, 2025).
Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school, district’s, or other agency’s process first, etc.)
No.
How to initiate the process (relevant websites, standard forms, submission locations)
First, claimants fill out a Preliminary Discrimination Questionnaire. Then, “[a]fter you complete this online form, the Intake Unit will contact you to schedule an interview (either by phone or in-person) with one of our trained Intake Officers to complete the process. You must complete the interview, and sign and return any and all necessary documents (including the Charge of Discrimination) to the Maryland Commission on Civil Rights before the complaint is officially filed.” Id.
Can complaints be filed anonymously or confidentially?
Yes. “It is possible to file a complaint of discrimination anonymously, but there are a few things to keep in mind. Choosing to remain anonymous may make it difficult for the Commission to conduct a thorough investigation, as we may be unable to contact you for more information. Therefore, it's important to consider the potential impact of anonymity on the investigation before making a decision.” https://mccr.maryland.gov/Pages/Confidentiality.aspx (Last Accessed July 17, 2025).
Are there language access requirements for complaint processes?
Many of the pages on the MCCR’s website are in English. However, there is an information page in Spanish. ( https://mccr.maryland.gov/Pages/a---to-file-in-spanish.aspx (Last Accessed July 17, 2025).) Additionally, MCCR provides Video Remote Interpreting for those who are deaf, hard of hearing, or have limited proficiency in English. (https://mccr.maryland.gov/Pages/Investigation.aspx (Last Accessed July 17, 2025).)
Are there known barriers to accessing enforcement (filing fees, documentation requirements)?
Documentation is not required, but “[i]f you have evidence to support or substantiate the allegations made in the complaint, by all means, provide that evidence to your investigator as soon as possible. You want to put your best evidence forward because the time to provide evidence is during the investigation, not after a determination has been made. When it comes to witnesses, we do not need character witnesses. Your investigator wants to hear from people with direct and actual knowledge of the events alleged in the complaint.” (https://mccr.maryland.gov/Pages/faqs-new.aspx (Last Accessed July 17, 2025).
Can complainants have advocates or legal representation?
Yes. “Although an attorney is not required to complete the process, that is your decision to make. We cannot advise you either way. If you choose to retain counsel, please be advised that all future communications will be with your counsel who will be responsible for passing that information to you.” Id.
Are complainants entitled to legal representation or other advocates to file or at any point in the process?
Complainants have access to an impartial investigator after intake. (https://mccr.maryland.gov/Pages/Investigation.aspx (Last Accessed July 17, 2025)). If conciliatory efforts fail to bring the discriminatory practices into compliance with the law, the case will be referred to the MCCR’s Office of the General Counsel. Id.
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What are the required elements of the civil rights claim?
Housing Discrimination:
“The Maryland Commission on Civil Rights enforces Maryland's anti-discrimination laws prohibiting housing discrimination because of one’s race, sex, age, color, creed, national origin, marital status, sexual orientation, source of income, familiar status, gender identity, or disability.” (https://mccr.maryland.gov/Pages/faqs-new.aspx (Last Accessed July 17, 2025).)
Public Accommodations:
“It is unlawful for an owner or operator of a place of public accommodation or an agent/employee of the owner or operator to refuse, withhold from, or deny to anyone the accommodations, advantages, facilities and privileges of a place of public accommodation because of race, sex, age, color, creed, national origin, marital status, sexual orientation, gender identity, or disability.” Id.
Employment Discrimination:
“Under the laws enforced by MCCR, it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including pregnancy), national origin, gender identity, sexual orientation, age, disability, or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law forbids discrimination in every aspect of employment.” Id.
Who reviews claims and what timeframes apply?
The Intake Unit, a part of the Case Processing Department of the MCCR reviews the claims. Id. A charge needs to be filed within 300 calendar days from the day the discrimination took place. Id. Housing complaints must be filed within one year of the discrimination, and public accommodation discrimination must be filed within six months from the date of discrimination. Id.
What type of investigation may occur?
After initial review and interviews, an investigator will conduct an investigation where they will interview witnesses, gather and analyze documents, and conduct visits and fact-finding conferences.( https://mccr.maryland.gov/Pages/Investigation.aspx (Last Accessed July 17, 2025).) The investigator will then draft a written finding which includes the positions of the Complainant and Respondent and results of the investigation. If there is no probable cause found based on the submitted evidence, the case will be dismissed. Id.
Who participates in investigations?
The Complainant, the Respondent, the investigator, and any witnesses. Id.
Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?
No. “Some, not all, of our cases conduct an in-house Fact-Finding Conference (FFC) which is often compared to a hearing. It is not a hearing. The FFC is an opportunity for all parties to meet and discuss the allegations and provide information to the investigator to enable them to make informed decisions. This process is not guaranteed in all cases. Your investigator will let you know if your case is best suited to an FFC.” ( https://mccr.maryland.gov/Pages/faqs-new.aspx (Last Accessed July 17, 2025)).
What privacy/confidentiality protections exist?
“Complaints are confidential, and MCCR does not release information to the general public until the matter reaches the stage of a public hearing. However, the complainant's name and basic information about the allegations are disclosed to the employer.” Id.
Are school districts required to publicly post civil rights complaint procedures?
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What is the appeals process, if any?
If the investigator does not find probable cause, the Complainant can appeal. “The Complainant then will have 15 days to file a written Request for Reconsideration to the Commission’s Deputy Director. Once the Deputy Director has reviewed the Complainant’s request, a decision will be made to either uphold the finding issued by the Investigator or remand the case back to the Investigator for further investigation.” (https://mccr.maryland.gov/Pages/Investigation.aspx (Last Accessed July 17, 2025).)
Are remedies legally enforceable once a violation is found?
“If a complaint is found to be valid, potential outcomes or remedies may include financial compensation, punitive damages, injunctive relief, reinstatement or promotion, reasonable accommodations, attorney's fees and costs, mandatory training or education, and policy revisions to prevent future discrimination.” (https://mccr.maryland.gov/Pages/faqs-new.aspx (Last Accessed July 17, 2025).)
Are there other administrative processes that must be exhausted before taking legal action?
No.
Do state agencies publish complaint outcome data?
No.
What enforcement mechanisms exist for non-compliance?
Cases which are not via conciliatory measures are referred to MCCR’s Office of General Counsel. “The Office carries out the State’s police powers in litigation involving the enforcement of the State’s anti-discrimination statute, State Government Article, Title 20. Litigation may be instituted before the Office of Administrative Hearings (OAH) or State, federal trial and appellate courts.” ( https://mccr.maryland.gov/Pages/General-Counsel.aspx (Last Accessed July 17, 2025).)
MD Attorney General- Civil Rights Division
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Who is eligible to file (students, parents, advocates, others)?
Anyone can report a complaint, but the Division will only take on cases where the discriminatory practices “that affect or impact beyond an individual claimant.” ( https://www.marylandattorneygeneral.gov/Pages/CivilRights/default.aspx (Last Accessed July 17, 2025).)
Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)
No.
How to initiate the process (relevant websites, standard forms, submission locations)
A claimant may fill out the form linked on the Civil Rights Division page of the Attorney General’s website, which can be accessed at the following link: https://forms.office.com/Pages/ResponsePage.aspx?id=aS8vZtduuUyYS38EGbmpnExfuqQgG91Ip1A63FB0jn9UN0pZV1A2MllIVE9WTzJCS0w5R0I4T0hWQy4u
Can complaints be filed anonymously or confidentially?
Yes, the form will not collect the claimant’s name or information unless they provide it. ( Civil Rights Complaint Form at 1, https://forms.office.com/Pages/ResponsePage.aspx?id=aS8vZtduuUyYS38EGbmpnExfuqQgG91Ip1A63FB0jn9UN0pZV1A2MllIVE9WTzJCS0w5R0I4T0hWQy4u (“When you submit this form, it will not automatically collect your details like name and email address unless you provide it yourself.”) ) However, the form does disclose that complaints submitted may become matters of public record and therefore the office may need to disclose information if requested. Id. at 4 (“Complaints submitted to our Office may become matters of public record. As a result, we may be required to disclose some or all of your information if requested. Certain information that you provide may remain confidential such as confidential financial information or an individual’s medical or psychological information.”)
Are there language access requirements for complaint processes?
The form defaults to English, but the language can be changed to Spanish, Filipino, French, Amharic, Korean, or Chinese (simplified) via a drop-down menu in the upper right-hand corner of the form. Id. at 1.
Are there known barriers to accessing enforcement (filing fees, documentation requirements)?
Documentation is not required, but there is an opportunity to submit documentation via email. Id.
Can complainants have advocates or legal representation?
Yes, the form asks if the claimant has an attorney or has filed a lawsuit concerning the matter. Id.
Are complainants entitled to legal representation or other advocates to file or at any point in the process?
Unknown.
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What are the required elements of the civil rights claim?
A discriminatory act, as defined by subtitles 3-8 of MD S.B. 540 must have occurred. This includes discrimination in housing, public accommodations, leasing of commercial property, aiding, abetting, or attempting such acts or obstructing compliance with anti-discrimination statutes. (2023 Bill Text MD S.B. 540 § 20-101(d)(1-6).) Further, for the Attorney General to investigate, the discriminatory act must span beyond the affected complainant.
Who reviews claims and what timeframes apply?
The staff of the Civil Rights Division will review completed Civil Rights Complaint Forms for potential enforcement actions. (https://www.marylandattorneygeneral.gov/Pages/CivilRights/default.aspx (Last Accessed July 17, 2025).) An action “shall be commenced not later than three years after the discovery, occurrence, or termination, whichever occurs last, of the alleged civil rights violation.” 2023 Bill Text MD S.B. 540 § 20-1043(A). )
What type of investigation may occur?
“In its investigations, the Office of the Attorney General can issue subpoenas and seek injunctive relief to stop discriminatory behavior. The Office of the Attorney General will also proactively educate Marylanders on their civil rights protections and how they can get help having those protections enforced.” (https://www.marylandattorneygeneral.gov/Pages/CivilRights/CivilRightsFAQ.aspx (Last Accessed July 17, 2025))
Who participates in investigations?
The Office of the Attorney General. Id.
Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?
No.
What privacy/confidentiality protections exist?
The Civil Rights Complaint Form will not collect the claimant’s name or information unless he or she provides it. (Civil Rights Complaint Form at 1, https://forms.office.com/Pages/ResponsePage.aspx?id=aS8vZtduuUyYS38EGbmpnExfuqQgG91Ip1A63FB0jn9UN0pZV1A2MllIVE9WTzJCS0w5R0I4T0hWQy4u (“When you submit this form, it will not automatically collect your details like name and email address unless you provide it yourself.”) ) However, the form does disclose that complaints submitted may become matters of public record and therefore the office may need to disclose information if requested. (Id. at 4 (“Complaints submitted to our Office may become matters of public record. As a result, we may be required to disclose some or all of your information if requested. Certain information that you provide may remain confidential such as confidential financial information or an individual’s medical or psychological information.”))
Are school districts required to publicly post civil rights complaint procedures?
Unknown.
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What is the appeals process, if any?
Unknown.
Are remedies legally enforceable once a violation is found?
Legal relief includes permanent and preliminary injunctions, temporary restraining orders, orders enjoining defendants, and civil penalties not exceeding $10,000 for the first violation or $25,000 for a second subsequent violation. 2023 Bill Text MD S.B. 540 §§ 20-1045-1046.
Are there other administrative processes that must be exhausted before taking legal action?
Unknown.
Do state agencies publish complaint outcome data?
No.
What enforcement mechanisms exist for non-compliance?
Unknown.