Sexual Orientation - - Now a Protected Class in Maryland
by Darrell R. VanDeusen

Opponents to Maryland's legislation protecting sexual orientation have dropped their efforts to take the matter to a vote. As a result, the law became effective over the Thanksgiving weekend.

On March 25, 2001, Maryland's legislature passed the Anti-discrimination Act of 2001 (HB 315/99-JUD), which prohibits discrimination based on sexual orientation with regard to public accommodations, housing and employment. The new law is added to the other classes protected under Article 49B of the Maryland Human Relations Act (race, sex, age, color, creed, national origin, marital status, and disability). Baltimore City, Montgomery, Howard, and Prince George's counties have similar anti-discrimination laws. Until now, however, no statewide coverage existed.

"Sexual Orientation" is defined in the law as the identification of an individual who is homosexual, heterosexual or bisexual. The new law specifically is not aimed at extending domestic partner benefits to homosexuals. If an employee or applicant files a charge against an employer involving discrimination with respect to his or her sexual orientation, employers are not subject to liability under this law when they respond by taking action to verify the employee's sexual orientation.

Employers should begin taking steps to incorporate this new law into the workplace. Employee handbooks and employment applications will need to be revised. Human resources representatives, hiring personnel, supervisors, and employees should receive training to ensure that all are familiar with the new law.

November 26, 2001

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