When you speak up about something your employer is doing that you believe is wrong, and you then suffer retaliation, or are fired, because of your disclosure, there are several state laws that may provide protection. If you are thinking of speaking up about wrongdoing at work, you will want to understand what, if any, protections are available.
Several Maryland laws prohibit retaliation against an employee who has disclosed wrongdoing by an employer:
- Maryland Fair Employment Practices Act
- Maryland Occupational Safety and Health Act
- State Contractor Employees’ Whistleblower Protection
- Executive Employees Whistleblower Protection Act
- Public School Employee Whistleblower Protection Act
- Health Care Workers Whistleblowers Protection Act
General Considerations
These protections are only for people in certain jobs, for people working for specific employers, or for people reporting certain kinds of violations or wrongdoing.
As you consider your options, consider that:
- Not everyone is covered. To be able to take legal action under these laws, you must fit into narrow categories of protection.
- The categories are typically based on who your employer is.
- One of the laws only applies if you are a licensed or board-certified health care worker.
- The protections often depend on the kind of wrongdoing that you disclosed or to whom you made your disclosure.
- There are different time limits for when you must file a complaint.
- Most of the Maryland laws require you to file a complaint with a government agency before you can go to court.
- These protections are not strictly limited to disclosing wrongdoing. For example, there is a law that provides protection if you suffer retaliation for reporting a workplace injury or hazard.
- County and municipal laws may provide additional protections.
- Federal whistleblower protections cover more employees and more kinds of disclosures than the Maryland laws.
Maryland Fair Employment Practices Act
Who is protected? All public sector employees AND all employees of an employer who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. If your employer has less than 15 employees, there may still be a common law remedy for wrongful discharge in violation of public policy. Talk to a lawyer.
What kind of whistleblowing is covered? You made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing related to prohibited discrimination by your employer, or opposed any prohibited discrimination by your employer, and then you suffered discrimination or retaliation from your employer.
Prohibited discrimination includes an employer failing or refusing to hire, discharging, or otherwise discriminating against any individual with respect to the individual's compensation, terms, conditions, or privileges of employment because of the individual's race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, genetic information, or disability.
How do I start a claim? Generally, you have six months from the date that the discriminatory act occurred, to file a written and signed complaint with the Maryland Commission on Civil Rights.
Read the Law: Md. Code, State Government § 20-601, § 20–606, § 20-1004
Maryland Occupational Safety and Health Act
Who is protected? Almost every employee is protected, but there are exceptions. The following people are NOT protected by this law:
- Federal employees
- Employees who are covered by:
- The Federal Mine Safety and Health Act of 1977,
- The Longshore and Harbor Workers' Compensation Act, or
- The Atomic Energy Act of 1954.
What kind of whistleblowing is covered? You filed a complaint; brought an action or proceeding; caused an action or proceeding to be brought; OR testified or were to testify in an action or proceeding related to the occupational safety and health of your workplace, AND you were then fired or otherwise discriminated against. Alternatively, you exercised, for yourself or another, a right provided by the Act, and you were then fired or otherwise discriminated against.
How do I start a claim? You must file a written and signed complaint with the Maryland Commissioner of Labor and Industry within 30 days of the discrimination occurrence.
Read the Law: Md. Code, Labor and Employment § 5-103, § 5-604
State Contractor Employees’ Whistleblower Protection
Who is protected? Your employer must have a contract, or subcontract, to provide supplies or services to a State of Maryland executive branch entity. Licensed or board-certified health care workers are not covered, but see the Health Care Workers Whistleblowers Protection Act below.
“Services” does not include:
- construction related services;
- architectural services;
- engineering services; or
- energy performance contract services.
What kind of whistleblowing is covered? You reported what you reasonably believed to be evidence of an abuse of authority, gross mismanagement, gross waste of money, a substantial and specific danger to public health or safety, or a violation of law, and then you were subject to an adverse personnel action, or reprisal, by your employer because of that disclosure.
Or, you objected to, or refused to participate in any activity, policy, or practice in violation of law, and then you were subject to an adverse personnel action or reprisal by your employer because of that objection or refusal.
How do I start a claim? You have one year from the date of the alleged violation or when you first became aware of the alleged violation to make a claim in the appropriate court (District or Circuit Court).
Read the Law: Md. Code, State Finance and Procurement Title 11, Subtitle 3
Executive Employees Whistleblower Protection Act
Who is protected? State employees of the Executive Branch or a State employee who has applied for a position within the Executive Branch.
What kind of whistleblowing is covered? You reported what you reasonably believed to be evidence of an abuse of authority, gross waste of money, or a specific, substantial danger to public health or safety, or a violation of law, and then you were subject to an adverse personnel action by your agency because of that disclosure.
- You must have made the disclosure to a person of higher authority, who could correct the alleged wrongdoing.
- You must show that your disclosure was, at minimum, a contributing factor of the subsequent, adverse personnel action.
- You will have no protection if your agency can show that the adverse personnel action would have been taken regardless of the disclosure.
- If the disclosure is specifically prohibited by law, you must have made the disclosure to the Maryland Attorney General.
How do I start a claim? You have six months from when you knew, or reasonably should have known, of the violation, to make a complaint to the Maryland Secretary of Budget and Management. You may also have an option to file a grievance under Title 12 of the State Personnel and Pensions Article of the Maryland Code (or Title 13 of the Education Article if you an employee of the University System of Maryland; or under Title 14 of the Education Article if you an employee of Morgan State University).
Read the Law: Md. Code, State Personnel and Pensions Title 5, Subtitle 3
Read the Case: Lawson v. Bowie State University, 421 Md. 245 (Court of Appeals 2011); Department of Natural Resources v. Heller, 391 Md. 148 (Court of Appeals 2006)
Public School Employee Whistleblower Protection Act
Who is protected? You must be employed by a county board of education or the Baltimore City equivalent, AND you cannot be a State employee.
What kind of whistleblowing is covered? You reported, in writing, to a supervisor, what you reasonably and in good faith believed to be evidence of a violation of law, rule, or regulation, an abuse of authority, gross mismanagement, gross waste of money, or a substantial and specific danger to public health or safety.
You then gave your employer a reasonable amount of time to correct the unlawful activity, and you suffered an adverse personnel action, or reprisal, because:
- You disclosed or threatened to disclose to a supervisor, an activity, policy, or practice of your employer that was in violation of a law, rule, or regulation, or
- You provided information or testified before a public body investigating any violation of law, rule, or regulation by your employer, or
- You refused to participate in the violation of a law, rule, or regulation.
How do I start a claim? First, you must exhaust any administrative remedies. Note that the deadline for filing an administrative complaint in one Maryland county is only 15 days.
Exhausting your administrative remedies may be a lengthy process. For example, the administrative grievance process in one Maryland county begins with an informal complaint, progresses through a Level One, Two, and Three complaint and concludes with an appeal to the Board of Education.
However, under this law, you have only six months from when the adverse personnel action was taken or from when you first became aware of the adverse personnel action, to make a claim in the appropriate court (District or Circuit Court). So, you may have to file your claim in court before you have exhausted the administrative complaint process.
Read the Law: Md. Code, Education Title 6, Subtitle 9
Read the Case: Maryland-National Capital Park & Planning Com. v. Crawford, 307 Md. 1 (Court of Appeals 1986)
Health Care Worker Whistleblower Protection Act
Who is protected? Licensed or board-certified health care worker, but excluding State employees.
What kind of whistleblowing is covered? You reported, in writing, to a supervisor or administrator of your employer, what you reasonably and in good faith believed to be a violation of law, rule or regulation that posed a specific and substantial danger to public health or safety. Alternatively, you followed your employer’s corporate compliance plan specifying who to notify of a violation of law, rule, or regulation (that posed a specific and substantial danger to public health or safety).
You then gave your employer a reasonable amount of time to correct the dangerous activity, and you suffered an adverse personnel action, or reprisal, because:
- You disclosed or threatened to disclose to a supervisor, or to a state health or licensing board, an activity, policy, or practice of your employer that was in violation of a law, rule, or regulation, or
- You provided information or testified before a public body investigating any violation of law, rule, or regulation by your employer, or
- You refused to participate in the violation of a law, rule, or regulation.
How do I start a claim? You have one year from the date of the reprisal (or when you first became aware) to make a claim in the appropriate court (District or Circuit Court).
Read the Law: Md. Code, Health Occupations Title 1, Subtitle 5