Maryland Bans Gender Identity Discrimination

Author: Beth P. Zoller, XpertHR Legal Editor

May 21, 2014

Maryland Governor Martin O'Malley has signed the Fairness for All Marylanders Act (SB 212) into law, which will prohibit discrimination, harassment and retaliation against individuals based on gender identity. The Act will take effect on October 1, 2014. In order to prepare for compliance, Maryland employers should review and revise all relevant discrimination, harassment and retaliation policies to ensure inclusion of this new requirement.

Specifically, the new law prohibits an employer from discriminating against an employee based on the employee's gender identity. Gender identity is defined as a gender-related identity, appearance, expression or behavior of an individual regardless of the individual's assigned sex at birth.

The new law does not prohibit an employer from establishing standards regarding employee dress and grooming if the standards are directly related to the nature of the employee's employment. Further, it does not prohibit employers from requiring an employee to comply with reasonable workplace appearance, grooming and dress standards that are directly related to the nature of the employee's employment so long as the employer permits any employee to appear, groom and dress consistent with the employee's gender identity.

The Act includes an exemption for private clubs, religious corporations, associations and educational institutions.

In an interview with XpertHR, Maryland State Delegate Alfred C. Carr, Jr. (18th District, Montgomery County) stated:

"Every Marylander, including transgender Marylanders, deserves the opportunity to work hard for a living without the fear of being fired or denied employment for reasons that have nothing to do with their ability to do the job. The Fairness for All Marylanders Act is a welcome step forward in addressing the discrimination that transgender people face. My twenty years of experience in the private sector has shown me that both employers and employees benefit when all workers are free to do their jobs and are treated fairly."

This new law follows the Civil Marriage Protection Act, Maryland's law allowing same-sex couples to marry, which took effect in January 2013. Maryland law already prohibits discrimination based on sexual orientation.

By passing this law, Maryland joins the over 15 states that have also prohibited discrimination based on gender identity such as California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington. Additionally, municipalities such as Tempe, Arizona and Philadelphia, Pennsylvania have enacted similar legislation prohibiting gender identity discrimination.