Performance Appraisals: Maryland

Federal law and guidance on this subject should be reviewed together with this section.

Author: Christine Zebrowski, Overbrook Law LLC

Summary

• The Maryland Fair Employment Practices Act antidiscrimination provisions are broader than the federal antidiscrimination provisions of Title VII of the Civil Rights Act of 1964. See Maryland Antidiscrimination Law.
• Maryland employers should be aware of various retaliation prohibitions when making employment decisions, including those based on performance appraisals. For example, the Maryland Fair Employment Act prohibits retaliation against employees for bringing claims of discrimination or otherwise engaging in protected activity under the state's antidiscrimination law. See Maryland Antidiscrimination Law; see also Performance Appraisals and Retaliation.
• Maryland courts recognize a number of claims relating to performance appraisals, including defamation, invasion of privacy and false light invasion of privacy claims. Maryland employers enjoy a qualified privilege with respect to state court claims arising from the employer-employee relationship. See State Law Claims and Performance Appraisals.
• Maryland recognizes a claim for negligent retention only in limited circumstances. See Negligent Retention Causes of Action.