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MM&C Employment Law Attorney Scott Mirsky Quoted in Press Coverage on Maryland Justice’s Sex Bias Ruling

Posted August 23, 2023 at 11:19 AM

Business & Tax, Employment Law, News & Events

A recent Maryland Supreme Court ruling concluded that sex discrimination protections under both the Maryland Fair Employment Practices Act and the Maryland Equal Pay for Equal Work Act do not encompass sexual orientation. With this decision, Maryland’s highest state court declined to follow reasoning set forth by the U.S. Supreme Court in Bostock v. Clayton County, Georgia, where the Court ruled that language in Title VII of the Civil Rights Act banning discrimination related to “sex” was inherently inclusive of a ban against sexual orientation and gender identity discrimination.

Law360, in press coverage about the ruling, dissected the Maryland decision and included insights by Miller, Miller & Canby’s employment law attorney Scott Mirsky.  “It’s clear that sexual orientation is still a protected class…under [the Maryland Fair Employment Practices Act], but it seems like there is now a gap or a divergence between the two [Maryland] statutes regarding the coverage of sexual orientation,” Mirsky said. The article goes on to discuss what protections current laws encompass and what is likely to be the next step from Maryland lawmakers.

To read the entire article click here (requires subscription).

Scott Mirsky is a Principal in Miller, Miller & Canby’s Employment Law and Employment Litigation practice, with more than 20 years of experience representing individuals and businesses in diverse civil matters throughout the Washington, DC region.

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