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The Issues:
Discrimination

What to do if you or someone you know is a victim of discrimination based on sexual orientation.

Since November 21, 2001, Marylanders have been protected from discrimination based on sexual orientation. In order to exercise this important civil right, however, the burden is partially on those seeking to enforce the right. That is, if you believe that you have been discriminated against based on your sexual orientation since the time the law went into effect and would like to pursue a claim on this basis, you will need to carefully consider the following:

Q: Does the law cover the discriminatory conduct at issue?

A: Remember, the Anti-Discrimination Act of 2001 only protects against discrimination in the areas of employment, public accommodations and housing. Thus, the discriminatory conduct at issue may or may not be covered.

Q: Besides the foregoing limitations, are there any other restrictions mentioned in the law?

A: Yes. The Act exempts religious institutions; business with fewer that 15 employees; rental property owners with fewer than 5 rental units; and the Boy Scouts/Girl Scouts of America from its provisions.

Q: To whom can I look for support?

A: In addition to your friends and family members, Free State Justice is here to help you. Please feel free to contact us with any questions or concerns.

Q: How do I file a claim?

A: All claims should be filed with the Maryland Commission on Human Relations. To contact the Commission about your claim, call 1-800-637-6247 . You may also visit the Commission's web site at http://www.mchr.state.md.us/ for additional information.

Q: What information do I need in order to file a claim?

A: The information you will need to file will depend on the nature of your claim. We advise you to consult the Commission about the mechanics of building an effective case.

Q: What if I think the discrimination is based on gender identity or expression, not sexual orientation? Can I file a claim under this law?

A: The Maryland Commission on Human Relations has said that it will consider claims from individuals who believe they have been discriminated against because of gender or gender status. If the discrimination took place in Baltimore City, you should file a claim with the Baltimore Community Relations Commission instead, since a local ordinance prohibits discrimination based on gender identity or expression.


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