2018 Maryland Code
Labor and Employment
Title 3 - Employment Standards and Conditions
Subtitle 7 - Miscellaneous
§ 3-715. Contractual provision waiving right to claim of sexual harassment or retaliation deemed null and void
(a) In general. -- Except as prohibited by federal law, a provision in an employment contract, policy, or agreement that waives any substantive or procedural right or remedy to a claim that accrues in the future of sexual harassment or retaliation for reporting or asserting a right or remedy based on sexual harassment is null and void as being against the public policy of the State.
(b) Adverse action against employee prohibited. --
(1) An employer may not take adverse action against an employee because the employee fails or refuses to enter into an agreement that contains a waiver that is void under subsection (a) of this section.
(2) Adverse action prohibited under this subsection includes:
(i) discharge;
(ii) suspension;
(iii) demotion;
(iv) discrimination in the terms, conditions, or privileges of employment; or
(v) any other retaliatory action that results in a change to the terms or conditions of employment that would dissuade a reasonable employee from making a complaint, bringing an action, or testifying in an action regarding a violation of this section.
(c) Attorney's fees and costs. -- An employer who enforces or attempts to enforce a provision that violates subsection (a) of this section shall be liable for the employee's reasonable attorney's fees and costs.
