• 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 the MCCR applies for claims of employment and other discrimination under Maryland State Government Article, Title 20.
• The guidance identifies thirty-five categories of employment discrimination claims—ranging from hiring, promotion, and discharge to harassment, retaliation, and genetic testing—and sets forth the specific elements required to prove each claim under Maryland law.
• While Maryland courts typically look to federal law, the guidance reveals several areas where Maryland law diverges—including additional protected classes, a lower harassment threshold, strict supervisor liability, and different accommodation standards—though it is an agency investigation tool only, and Maryland courts may disagree with the MCCR’s interpretations.

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:

• Hiring
• Reasonable accommodation
• Religious accommodation
• Wages
• Benefits
• Terms
• Conditions
• Privileges
• Promotion
• Discipline
• Demotion
• Discharge
• Constructive discharge
• Reinstatement
• Qualifications
• Testing (adverse impact)
• Testing (disparate treatment)
• Training
• Apprenticeship
• Job...

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