The Office of EEO, ADA, and Fair Practices administers the Maryland Department of Commerce’s equal employment opportunities and fair practices programs for the purpose of maintaining an accessible work environment that is also engaged, diverse, and welcoming for staff, external constituents, business partners, and Maryland’s citizens -- a work environment that is free of discrimination.
Program Description
The Maryland Department of Commerce’s Office of Equal Employment Opportunity, ADA and Fair Practices administer:
- Americans with Disabilities Amendments Act, as amended
- Cultural Competency Programs,
- Equal Employment Opportunity (EEO), Fair Practices,
- Prevention of sexual harassment in the workplace
- Training Programs
- Monitoring of Minority Business Enterprises (MBE) activities
The Office of EEO, ADA and Fair Practices is responsible for:
- Monitoring and evaluating activities, policies and practices of the Maryland Department of Commerce to ensure compliance with State and Federal employment provisions, as well as the Governor's Executive Order on Fair Employment Practices.
- Ensuring that employees of the Maryland Department of Commerce (MDOC) understand their rights and responsibilities under the State’s EEO policies and facilitates training on the ADA, as amended, preventing sexual harassment in the workplace, harassment, the Maryland State Anti-bullying in the Workplace Policy, and other applicable EEO/ADA laws and State policies.
- Monitoring discrimination complaints filed against the agency with the U.S. Equal Employment Opportunity Commission, the Maryland Commission on Civil Rights, and other external enforcement agencies.
- Preparing and submitting reports in compliance with other State and federal mandates.
- Delivering training on preventing sexual harassment in the work environment, Maryland’s anti-bullying policy, as well as EEO & ADA Overviews. These required two-hour training sessions are provided virtually as well as in-person for staff. Please note that preventing sexual harassment in the work environment is required every two years. All new staff will be trained within six months of the original hire date.
- Collaborating with agency divisions, units, or departments to celebrate the agency’s global and cultural significance among members of the workforce.
- Ensuring that Commerce employees have access to applicable, required EEO information postings on bulletin boards that explain their rights. Bulletin boards are located in breakrooms throughout the agency, including Welcome Centers.
EEO Strategic Plan
The Office of EEO, ADA, & Fair Practices administers the agency’s equal employment opportunity and fair practices program, training programs, non- discriminatory business practices, complaint investigations of alleged violations of the 1964 Civil Rights Act, as amended: the Americans with Disabilities Act, the Governor’s Code of Fair Practices, Preventing Sexual Harassment in the Workplace, and the State of Maryland Anti-bullying Policy, rev. 10/1/2024, in the interest of securing a work environment that is free of discriminatory practices.
Additionally, the Office of EEO, ADA & Fair Practices engages in mediation and as needed, interventions in an effort to address emerging employment issues that are inconsistent with the Secretary of Commerce’s pursuit of a work environment that supports operational efficiency, collaboration and trusting relationships, in the best interests of Commerce’s employees, stakeholders, and Maryland’s citizens.
To File a Complaint or to Request Reasonable Accommodations under the Americans with Disabilities Amendments Act, as amended:
- Dr. Elaine McNeil, Fair Practices Officer Maryland Department of Commerce Office of EEO, ADA & Fair Practices
401 East Pratt Street
Baltimore, Maryland 21202
(410) 767-6470/[email protected]
Commitment to an Environment Free of Discrimination
The Maryland Department of Commerce is committed to complying with all applicable federal and state laws prohibiting employment discrimination and to provide equal opportunity to all employees and applicants for employment without regard to age, ancestry, color, creed, gender, gender identity and expression, genetic information, marital status, mental or physical disability, military status (SPP211(a)(2)), national origin, race, religious affiliation (belief or opinion), retaliation, sex, or sexual orientation. Participation in a complaint process is protected from retaliation under all circumstances, and the Maryland Department of Commerce complies with all applicable federal and state laws prohibiting retaliation against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Fair Practices Program
The Fair Practices Program is designed to promote equal opportunity, fairness, and non-discrimination within the Maryland Department of Commerce’s operations, services, and employment practices. This program ensures compliance with federal, state, and agency-specific civil rights laws and policies, fostering a work environment where all individuals are treated with dignity and respect. The program oversees equal employment opportunity (EEO) programs, discrimination complaint investigations, bullying complaints with a Title VII basis, reasonable accommodations, and diversity and inclusion initiatives. By providing education, monitoring practices, training, and case management of complaints, the Fair Practices Program engages in preventive activities that strengthen COMMERCE’s commitment to workplace accountability and equity.
Enforcement of Americans with Disabilities Amendments Act 2008
The agency is committed to full compliance with the Americans with Disabilities Amendments Act of 2008 (ADAAA), ensuring equal opportunity, accessibility, and non-discrimination for individuals with disabilities. It provides reasonable accommodation through a good-faith interactive process and prohibits retaliation against those who seek reasonable accommodation under the ADA or file complaints.
Requests for reasonable accommodation under the ADA are received and managed in the Office of EEO, ADA, and Fair Practices. The Office of EEO, ADA, and Fair Practices maintains medical documentation submitted in conjunction with requests for reasonable accommodation. To request a reasonable accommodation under the ADA or to discuss an ADA- related matter, please call (410) 767-6470 or email your request to: [email protected].
Equal Employment Opportunity Program
The Equal Employment Opportunity (EEO) Program is dedicated to ensuring that all individuals have equal access to employment opportunities, free from discrimination based on age, ancestry, color, creed, gender, gender identity and expression, genetic information, marital status, mental or physical disability, military status (SPP211(a)(2)), national origin, race, religious affiliation (belief or opinion), retaliation, sex, or sexual orientation. This program promotes a workplace culture rooted in fairness, respect, and inclusion by enforcing civil rights laws and agency policies. The EEO Program provides education, training, and resources to prevent discrimination and harassment, in any and all forms. Through proactive initiatives and case management, the EEO Program works to eliminate barriers to employment, access to a fair and open work environment, and access to opportunities for advancement with the ultimate goal of sustaining a work environment that is free of discrimination.
Sexual Harassment Prevention
The Maryland Department of Commerce is fully committed to ensuring that all Commerce offices and locations are work environments that are conducive to demands associated with essential job duties and being free from sexual harassment, intimidation or coercion of any form. Similarly, economic partners and Maryland stakeholders doing business with or seeking services from the Department of Commerce should be assured that interactions with State employees are free from sexual harassment, intimidation or coercion of any form and all such complaints should be submitted to the Office of EEO, ADA, and Fair Practices at [email protected].
How to File a Complaint
The Maryland Department of Commerce encourages individuals who have concerns regarding unfair and/or unlawful treatment inquiries or complaints to first reach out to the Office of EEO and Fair Practices for an informal discussion. Informal inquiries are welcome but are not a substitution for a filed complaint of discrimination.
Other related inquiries that can be referred to the Office of EEO, ADA, and Fair Practices include a failure to accommodate individuals with disabilities, harassment, bullying, and failure to provide a reasonable accommodation to individuals with Limited English Proficiency.
Informal inquiries are welcome but are not a substitution for a filed complaint of discrimination. Individuals opting to initiate a formal complaint may proceed directly to the formal process if preferred. Participants may also choose to transition from the informal process to the formal complaint process at any time.
For an Informal Discussion: Contact the Office of EEO, ADA and Fair Practices at (410) 767-6470, or [email protected]
To File a Formal Complaint of Unfair and/or Unlawful Treatment: See the information below regarding the complaint procedures and submit your complaint to [email protected].
Complaint Filing Procedures
External business partners, citizens, and other individuals outside the agency who believe they were subject to unfair or discriminatory treatment may file a written complaint (PDF) with the Office of Civil Rights. In general, the steps and provisions listed below—timelines and calendar days, appeals, representation, and mediation—apply to both complaints filed by employees or job applicants, as well as those filed by external parties. However, external complaints may follow some different requirements, which can be discussed upon filing with a member of the Office.
Procedures
| An applicant or employee may file a written complaint (PDF) with the appropriate head of the principal unit within 1 year after the complainant knew, or reasonably should have known, of the alleged violation of the State’s Fair Employment Practices Policy (SPP 5-211). | 1 Year
|
| A complaint filed under SPP Title 5-211 (A) (2) alleging harassment in violation of § 20–606(a)(5) of the State Government Article must be filed within two years after the alleged violation that is the basis for the complaint. This includes, but is not limited to, sexual harassment complaints and bullying/harassment complaints that include a protected status basis. | 2 Years
|
| After receiving the complaint, the agency Equal Employment Opportunity Officer shall investigate and recommend a proposed decision to the head of the principal unit. The head of the principal unit shall issue a written decision to the complainant and may grant any appropriate relief. Please note: The time period may be extended to an additional 30 days if the applicant or employee who filed the complaint provides written authorization to the Equal Employment Opportunity Officer investigating the complaint. Therefore, the investigation should not exceed 90 days.
| 60 Days
|
The complainant may appeal, in writing, to the Department of Budget and Management, Office of the Statewide Equal Employment Opportunity Coordinator, Room 607, 301 West Preston Street, Baltimore, MD 21201.
| 10 Days
|
After receiving the appeal, the Statewide Equal Employment Opportunity Coordinator shall review the complaint and the agency’s decision and conduct any necessary investigation. The Office of the Statewide Equal Employment Opportunity Coordinator shall issue the final decision, which may be to grant the relief requested by the complainant or dismiss the complaint.
| 30 Days
|
Miscellaneous Provisions:
- This procedure applies to employees and applicants for positions in the Skilled, Professional and Management Services, or comparable positions in independent personnel systems.
- Employees in the State Personnel Management System may elect to pursue an allegation of employment discrimination under either the above complaint procedure or the grievance procedure in State Personnel and Pensions, Title 12.
- Days refer to calendar days.
- Failure of any agency to respond to a complaint within the established timelines is considered a denial from which an appeal may be made.
- A complainant may be represented during the complaint process by any person the complainant chooses.
- The complainant and/or respondent may recommend mediation during any step in the procedures. Source: State Personnel & Pensions Article, Title 5, Subtitle 2.
Formal Complaints with External Agencies
Complainants may be submitted to the following external agencies:
10 South Howard Street, 3rd Floor
Baltimore, Maryland 21201
410-962-3932
6 St. Paul Street, 9th Floor
Baltimore, Maryland 21201
