Maryland Immune From Gay, HIV-Positive Worker’s Bias Claims

Maryland’s employment discrimination law doesn’t specifically waive the state’s immunity to suit in federal court under state law for alleged job bias, the Fourth Circuit ruled June 11.

A federal district court therefore mistakenly allowed Michael Pense to go forward with his sexual orientation and disability bias claims against the Maryland Department of Public Safety and Correctional Services under Maryland’s Fair Employment Practices Act, the appeals court said.

Pense says the department fired him after 17 years when he disclosed that he is gay and is HIV-positive. He made the disclosure during the department’s allegations of a female coworker’s false ...