Under the Biden administration, the EEOC issued Enforcement Guidance stated that illegal sexual harassment includes the “repeated and intentional use of a name or pronoun inconsistent with the individual’s known gender identity (misgendering)” and the “denial of access to a bathroom or other sex-segregated facility consistent with the individual’s gender identity.” Although the Trump administration attempted to withdraw the guidance but was refused by the now terminated commissioners, the State of Texas challenged the Enforcement Guidance as beyond the scope of Title VII’s prohibition on sex discrimination. A federal judge in Texas agreed and struck down the sections of the Guidance related to gender identity.

It is unknown whether this case will be appealed and what the Court would do with it given the Supreme Court’s decision in Bostock v. Clayton County decision, where the Court held that adverse action against an individual because they are transgender is inherently discrimination because of sex.   The Court noted that it was not deciding issues regarding dress codes or bathroom or changing room issues.

Notwithstanding this Texas decision, Marylanders still have comprehensive protections for individuals based on sexual orientation and gender identity.  These comprehensive protections affirm Maryland's commitment to ensuring the rights and dignity of all individuals, regardless of their sexual orientation or gender identity.

Employment Protections

Under Maryland's Fair Employment Practices Act, discrimination in employment based on sexual orientation and gender identity is prohibited. This includes protections in hiring, firing, promotions, and other employment terms. The Maryland Commission on Civil Rights (MCCR) enforces these protections, ensuring that individuals can work without fear of discrimination due to their sexual identity.

Housing and Public Accommodations

Maryland law prohibits discrimination based on sexual orientation and gender identity in housing and public accommodations. This means landlords, real estate agents, and businesses open to the public cannot refuse service or housing opportunities based on an individual's sexual identity.

Healthcare Access

Maryland mandates that state-regulated health insurance carriers cannot discriminate against individuals based on sexual orientation or gender identity. This includes prohibitions against denying enrollment or coverage. The Trans Health Equity Act, effective January 1, 2024, ensures that gender-affirming care is included in state Medicaid plans, providing access to necessary medical treatments for transgender individuals.

Education Protections

In 2022, Maryland reinforced its educational policies to prohibit discrimination against students, prospective students, and their families based on sexual orientation and gender identity. This ensures a safe and inclusive environment within educational institutions across the state.

Legal and Civil Protections

Maryland has enacted laws to strengthen legal protections for LGBTQIA+ individuals:

• ‍Hate Crimes: The state's hate crime laws include protections against crimes motivated by a victim's sexual orientation or gender identity.
• Ban on "Panic" Defense: In 2021, Maryland banned the use of the "gay or trans panic" defense in legal proceedings, preventing defendants from justifying violent actions based on a victim's sexual identity.
• Trans Shield Act: Effective October 1, 2024, this act protects patients and medical providers in Maryland from out-of-state prosecutions related to gender-affirming care, ensuring that such care remains accessible and protected within the state.

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