EXPANSOIN OF MARYLAND ANTI-DISCRIMINATORY ACT
 

On November 21, 2001, Maryland's Governor Parris Glendening passed into law the Anti-discrimination Act of 2001 ("Act"). The Act intends to protect an individual's right to choose sexual partners without fear of discrimination in housing, employment or public accommodations. Montgomery, Prince Georges, and Howard Counties and Baltimore City also have such anti-discrimination provisions in their laws.

The Act extends anti-discrimination civil rights protections, that traditionally applied to a person's race, religion, gender, age, or disability, to persons on the basis of their sexual orientation. Sexual orientation is defined as "identification of an individual as to male or female homosexuality, heterosexuality or bisexuality."

The Act generally provides that owners of public accommodation establishments now must accommodate everyone regardless of sexual orientation. However, the owners maintain their right to deny services to individuals based on their regulations and codes of conduct so long as the denial is not hinged upon discrimination.

Furthermore, certain employers, employment agencies, or labor organizations are prohibited from engaging in discriminatory hiring and firing practices, promotions, or exclusion from memberships on the basis of sexual orientation. However, "[a]n employer will be immune from liability . . . arising out of the employer's reasonable acts to verify the sexual orientation of any employee or applicant taken by the employer in response to a charge filed against the employer on the basis of sexual orientation."

With respect to housing or real estate transactions, it is unlawful to refuse to sell, rent or to refuse to make available an opportunity to any dwelling because of a person's sexual orientation. The Act does not apply to the sale or rental of a single family dwelling, if the dwelling is sold or rented without the assistance of an agent.

The Anti-discrimination Act of 2001 effectively makes any practice unlawful, whether it be hiring and firing practices, fair access to housing, or reasonable public accommodations, if discriminates based on sexual orientation.

If you have any questions regarding the provisions of this law and the applicability to you, your organization or a public establishment please contact our offices at 301-292-3300 or 1-800-292-5297.