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On June 22, 2026, the Maryland Commission on Civil Rights (MCCR) published its Elements of Proof Guidance, a comprehensive document setting forth the elements of proof that the MCCR applies for claims of employment discrimination, as well as other forms of discrimination, such as in housing and public accommodations, under Maryland State Government Article, Title 20.
For Maryland employers, the guidance provides a valuable window into how the MCCR evaluates employment-related discrimination claims. The guidance identifies the following thirty-five employment discrimination claims and sets forth the elements required to prove each claim under Maryland law:
Notably, although the Maryland courts typically look to federal law for guidance in evaluating employment discrimination claims under Maryland law, the guidance also reveals several areas where the MCCR’s analytical framework differs from the federal approach. Below are some of the more significant differences between state and federal law:
This guidance is an agency investigation tool only. Accordingly, while the MCCR uses it to evaluate claims, Maryland courts may not necessarily agree with the MCCR’s interpretation of the law. However, the guidance may be helpful for Maryland employers to consider when defending against claims before the MCCR. In responding to MCCR complaints, employers may benefit from addressing each element that the MCCR evaluates in their responses, to clearly rebut such claims within the framework that the MCCR applies.
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Find Your Next Job !
On June 22, 2026, the Maryland Commission on Civil Rights (MCCR) published its Elements of Proof Guidance, a comprehensive document setting forth the elements of proof that the MCCR applies for claims of employment discrimination, as well as other forms of discrimination, such as in housing and public accommodations, under Maryland State Government Article, Title 20.
For Maryland employers, the guidance provides a valuable window into how the MCCR evaluates employment-related discrimination claims. The guidance identifies the following thirty-five employment discrimination claims and sets forth the elements required to prove each claim under Maryland law:
Notably, although the Maryland courts typically look to federal law for guidance in evaluating employment discrimination claims under Maryland law, the guidance also reveals several areas where the MCCR’s analytical framework differs from the federal approach. Below are some of the more significant differences between state and federal law:
This guidance is an agency investigation tool only. Accordingly, while the MCCR uses it to evaluate claims, Maryland courts may not necessarily agree with the MCCR’s interpretation of the law. However, the guidance may be helpful for Maryland employers to consider when defending against claims before the MCCR. In responding to MCCR complaints, employers may benefit from addressing each element that the MCCR evaluates in their responses, to clearly rebut such claims within the framework that the MCCR applies.
More Upcoming Events
Sign Up for any (or all) of our 25+ Newsletters
You are responsible for reading, understanding, and agreeing to the National Law Review’s (NLR’s) and the National Law Forum LLC’s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free-to-use, no-log-in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates, or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys, or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us.
Under certain state laws, the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
The National Law Review – National Law Forum LLC 2070 Green Bay Rd., Suite 178, Highland Park, IL 60035 Telephone (708) 357-3317 or toll-free (877) 357-3317. If you would like to contact us via email please click here.
Copyright ©2026 National Law Forum, LLC
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