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Civil Rights Division

Overview

The Office of the Attorney General has a long history of advancing civil rights and combating unlawful discrimination. In Maryland, the authority to enforce the State's housing, employment, and public accommodations antidiscrimination laws rests primarily with the Maryland Civil Rights Commission. As a result, most of the Office's civil rights work has historically occurred via an informal network of assistant attorneys general in our consumer protection, opinions, and legislative divisions and through the advice and counsel we provide to our client agencies and officials.

In 2017, Attorney General Brian Frosh created the Office's first Civil Rights Division led by an attorney. That same year, the General Assembly also passed the Maryland Defense Act (MDA). The MDA authorized the Office of the Attorney General to file suit on behalf of Marylanders when "the federal government's action or inaction ... threatens the public interest and welfare of the residents of the State with respect to a variety of civil rights and liberties. For more information on the litigation the Office has engaged in under the MDA see our Maryland Defense Act 2020 Report (Previous annual reports here). Beyond the actions we've taken under the authority of the MDA, the Office continues to actively protect equal opportunity and combat unlawful discrimination through advice and guidance memoranda, community outreach and education, and legislative and other advocacy. Below are just a few examples of our work.

Criminal Justice Reform

Pretrial Detention

In 2016, the Attorney General successfully lobbied members of the Standing Committee on Rules of Practice and Procedure to amend Maryland Rule 4-216 to ensure that judicial officers conduct an individualized inquiry into a criminal defendant's ability to pay bail and not set financial conditions solely for the purpose of detaining a defendant. Since the adoption of a rule in early 2017, the number of defendants held solely because they are unable to afford bail have decreased.
For more information regarding bail reform in Maryland, visit http://www.marylandattorneygeneral.gov/Pages/BailReform.aspx.

Guidance Memorandum on Ending Discriminatory Profiling in Maryland

One of Attorney General Frosh's first civil rights initiatives was the issuance of a guidance memorandum addressing discriminatory profiling in Maryland. The guidance states that law enforcement activities must be neutral with respect to race, ethnicity, national origin, gender, gender identity, sexual orientation and religion – except in certain instances where information about those characteristics is a legitimate component in investigating crime.

These standards can be distilled into a simple principle: law enforcement officers must treat others as individuals, and may never use a person's race, ethnicity, or other protected characteristic as a shortcut for suspecting them of criminal activity. These traits can be used as a descriptor but not as a predictor—and never as a justification for heightened suspicion or differential treatment. Instead, the officer's actions must be based on the behavior of the individual, or on reliable information that directly relevant to the investigation of a specific offense. Our intuitions can often be wrong—and are shaped by implicit biases that may result in unfair treatment. Constitutional guarantees and the principle of fair and equal treatment require attention to verified facts, not unfounded intuition.

This guidance is based on the state and federal constitutions and anti-discriminatory laws and follows guidance issued by the U.S. Department of Justice in 2014, calling upon states to do the same. Maryland was the first state to adapt the federal guidance for its own use. The full press conference video announcing the Guidance can be found here:

Guidance Memorandum Addressing Discriminatory Profiling in Maryland (PDF)

In 2018, the Office successfully petitioned the Maryland Police Training and Standards Commission to incorporate the guidelines set forth in the memorandum into its entry level and in-service training offerings for law enforcement officers.

Hate Crimes

In February 2020, the Office of the Attorney General issued guidance to assist community members in understanding Maryland's hate crimes laws, distinguishing hate crimes from hate bias incidents, encouraging the reporting of hate crimes and hate bias incidents, and developing successful community strategies for combating this activity. The report also announced the creation of the Attorney General's Hate Crimes Task Force to engage a broad cross-section of the community to make recommendations regarding how to better respond to hate crimes and bias incidents.

Click for the guidance document (PDF)

Highlights of the guidance have been incorporated in a pamphlet for easy distribution to community members and groups. Click for PDF.

In November, 2016, Attorney General Frosh released the following statement, announcing the office's launch of a hotline to report hate crimes in Maryland:

“Over the last week, reports of hate incidents directed at racial and ethnic minorities, Muslims, Jews, women, immigrants, and the LGBT community have increased. Sadly, Maryland is not immune to this outbreak, and it is important to remember that our laws prohibit this kind of conduct and provide protection from it."

Persons engaging in conduct motivated by a victim's race, color, national origin, gender, gender identity, religion, sexual orientation, disability or homeless status, risk civil liability or criminal prosecution under Maryland's civil rights and hate crimes statutes. Students engaging in bullying, harassment and intimidation in grades K-12 or at institutions of higher education could be subject to disciplinary action under the student code of conduct for the local school system, college or university. Discrimination and sexual harassment in the workplace, as well as cyberbullying and intimidation online, are also prohibited by state law.

“As Attorney General, I am committed to working with local law enforcement, state and county governments, our local school systems, higher education systems, and communities to enforce these laws. I urge anyone who believes they have been a victim of unlawful harassment or intimidation to first notify local law enforcement, the Maryland Commission on Civil Rights (“MCCR") or your local human rights agency. My office has also established a hotline to report these incidents and make referrals to local law enforcement for further investigation when appropriate. The number is 1-866-481-8361. Complaints of student harassment or bullying should be made directly to the school, college or university. I believe the current state of affairs presents not only a challenge, but an opportunity. Neighborhood by neighborhood, we can declare that justice, fairness and tolerance are not partisan principles, but keystones of America's character."

Since the launching of our Hate Crimes Hotline, OAG has responded to over 100 calls regarding hate crime/bias incident activity in the State. OAG continues to advocate for policies that help combat these intolerable acts. Hate Crimes Hotline: 1-866-481-8361

Protecting Immigrant Populations

In August 2014, the Office of the Attorney General advised a local law enforcement agency that a policy of keeping individuals in custody for up to 48 hours past their State release date in response to ICE detainers without probable cause exposes local law enforcement to potential liability for unconstitutional detentions. In December 2018, after several federal measures designed to restrict immigration and intensify the enforcement of federal immigration laws were implemented, the Office of Attorney General updated and supplemented the 2014 guidance. The purpose of this guidance is to describe for Maryland State and local governments the current legal landscape governing the participation of law enforcement officials in immigration enforcement, and to help those officials make decisions about how to engage with federal immigration officers. Key recommendations from the guidance are in this press release.

The Office has initiated and joined a number of lawsuits opposing federal action seeking to undermine or eliminate immigrant rights and protections, including actions to protect the Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) Programs and to bar the Trump Administration from adding a citizenship question to the 2020 Census. For more information on the Office's litigation in this area, see our Maryland Defense Act 2020 Report.

LGBTQ Rights

In March of 2015, the Office issued a report on “The State of Marriage Equality in America," arguing that same-sex marriage bans are fueled by prejudice and hate and warrant judicial intervention. The report was cited in an amicus brief filed by 17 state AGs in the Supreme Court in support of marriage equality in the case of Obergefell v Hodges. The Court ruled 5-4 in favor of marriage equality and cited our report in its decision.

In August, 2015, the Office issued an opinion on whether adultery (as a ground for divorce) includes sexual infidelity with someone of the same sex. The opinion provided that it did: “In our view, this conclusion is compelled not only by the broad purposes behind the concept of adultery in the family law context, but also by the respect and dignity owed to same-sex marriages as equal to opposite-sex marriages under State law."

In May, 2018, the Office joined 9 other states in writing to oppose the U.S. Department of Justice's (DOJ) proposal to terminate the collection of data relating to violence against LBGTQ youth aged 16-18. The Office wrote that The National Crime Victimization Survey—administered by the Census Bureau on behalf of USDOJ—is a critical source of data for us and other law enforcement officials and urged DOJ to continue to fulfill its responsibilities to LGBTQ youth and withdraw its proposal to terminate the collection of data relating to violence against them.

Voting Rights

Voters' Rights Protection Act

In 2015, the Office successfully advanced the Voters' Rights Protection Act of 2015 authorizing the Attorney General and, alternately, in certain circumstances, the State Prosecutor, to seek injunctive relief to prohibit a person from committing or continuing to commit specified elections violations, such as willfully and knowingly influencing or attempting to influence a voter's voting decision or decision whether to go to the polls to vote. You can read the Voters’ Rights Protection Act here.

Ensuring Access for Detainees
The passage of the Voting Rights Act of 1965 was a critical milestone in meaningful enforcement of the Constitution's guarantee that every citizen has the right to vote regardless of race. Part of our constitutional obligations includes ensuring that those held in detention before trial and who have not been convicted of a crime are able to cast their vote. On any given day, more than 10,000 people are being detained in local detention centers in Maryland. Many of these individuals may be registered to vote and could do so if given the opportunity. To that end, OAG has in the past encouraged local detention facilities to work with local boards of elections and advocacy groups like the NAACP and ACLU to ensure that pretrial detainees who are registered to vote are allowed to exercise their rights.

Commemorating the 50^th Anniversary of the Voting Rights Act

Commemorative Document

Video From AG Frosh

Complaints

Allegations of discrimination falling outside of the jurisdiction of the office are referred to the Maryland Commission on Civil Rights, the Equal Employment Opportunity Commission, the U.S. Department of Justice, or other civil rights organization as appropriate (see links below).

Maryland Commission on Civil Rights

File a complaint in Maryland regarding issues of employment, housing and public accommodations. Please visit their website for additional information related to filing a complaint.

Equal Employment Opportunity Commission

The Equal Employment Opportunity Commission (EEOC or Commission) is the federal agency responsible for enforcing federal laws prohibiting employment discrimination on the basis of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information. The Commission receives, investigates, and resolves charges of employment discrimination filed against private sector employers, employment agencies, labor unions, and state and local governments, including charges of systemic discrimination. Click here to file a complaint with the EEOC.

US Department of Justice Civil Rights Division

The Civil Rights Division of the US Department of Justice enforces federal statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status and national origin. Please visit their website to file a complaint.

To contact our Civil Rights Office, please email civilrights@oag.state.md.us, or call 410-576-6300 or 888-743-0023 toll-free.

Note that contacting the Office of the Attorney General regarding an alleged civil rights violation does not satisfy or extend the notice or timeliness requirements of bringing a claim or complaint as set forth by the Maryland Commission on Civil Rights, the Equal Employment Opportunity Commission, or any other governmental agency or judicial venue.

200 St. Paul Place, Baltimore, MD 21202

410-576-6300 / En español 410-230-1712 / 1-888-743-0023 toll-free / TTY: Dial 7-1-1 or 800-735-2258

Human Trafficking
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National Human Trafficking Hotline -- 24/7 Confidential

1-888-373-7888

233733

For more information on human trafficking in Maryland click here

To Report Fraud, click here