Despite the Maryland Chamber’s strong opposition, the Maryland General Assembly passed legislation (SB 678/HB 314) that will permit employees and other civil rights complainants to obtain jury trials in State circuit court for claims under the State’s anti-discrimination law. The new law takes effect October 1, 2007.

As a result of this legislation, many of the employment cases now being filed in federal court will likely be filed in State court. There will be an impact on the system, at the very least in terms of delays of all civil cases.

What does this mean for employers?

Employers will likely see more non-meritorious cases survive summary judgment in state court actions than would have been the case in federal court. The prospect of more jury trials will likely increase the cost of litigation and enhance the settlement value of discrimination cases.

Maryland employers should continue to provide anti-harassment and anti-discrimination training for their employees and managers on a regular basis and consult with counsel before making employment decisions that could result in claims. For more information, contact Heather Hamilton at hhamilton@mdchamber.org.