Maryland

Faragher v. City of Boca Raton in Maryland Law

How Faragher v. City of Boca Raton applies in Maryland: state-specific rules, key cases, and bar exam notes for Employment Discrimination.

State Approach

Maryland adopts a similar framework to that established in Faragher v. City of Boca Raton for evaluating employer liability for sexual harassment under the Maryland Fair Employment Practices Act. The state emphasizes the importance of whether an employer took reasonable steps to prevent and correct harassment.

State Rule
Under Maryland law, an employer can be held liable for sexual harassment by a supervisor if the employer had knowledge of the harassment and failed to take appropriate remedial action.
Significant State Cases

Mackall v. H&R Block

The court affirmed that an employer is liable for the actions of its employees if it was aware of the harassment and did nothing.

Cromwell v. State of Maryland

The court clarified the employer's responsibility to investigate claims of sexual harassment promptly to avoid liability.

Rogers v. Baltimore City Police Department

The court reasoned that an employer's failure to provide effective training on harassment can lead to liability under the state's employment discrimination laws.

Comparison to Federal Law

Maryland law aligns closely with the federal standards set out in Faragher v. City of Boca Raton, emphasizing an employer's duty to act upon knowledge of harassment. However, Maryland's statutes may provide broader protections and specific requirements for employer responses compared to federal law.

Bar Exam Note

Questions on employment law in the Maryland bar exam often include scenarios that touch on employer liability for sexual harassment, making knowledge of Faragher and its application critical.

Practice Pointers
  • Ensure that employers have comprehensive sexual harassment policies in place.
  • Regularly train employees and supervisors on recognizing and addressing harassment.
  • Document all complaints of harassment and the actions taken in response to them.

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