Simplified Overview of Baltimore Ordinance 02-453: Gender Identity or Expression

Who is Covered Under Ord. 02-453

Any person who has or is perceived by others to have a gender identity or expression that might be considered different or inconsistent with the person's assigned sex at birth, whether or not that person self-identifies as transgender. For example, a woman that presents masculine characteristics, regardless of their cause or causes, would be protected from discrimination under this law, even if she did not consider herself transgender, as would a man presenting what society may consider feminine characteristics. The very precise language of this bill therefore provides equality of protection for all people.

What is Not Covered Under Ord. 02-453

To be covered under this law, the discrimination must take place within the Baltimore City limits. Baltimore County cannot enforce this ordinance. It is enforceable only for acts committed within Baltimore City.

Anti-discrimination protections exist only as defined -- in employment, housing, and public accommodations. Disrespectful behavior is not discriminatory under the ordinance, unless that behavior is directly associated with a covered area. For example, a store clerk that refuses to serve or otherwise harasses someone they perceive to be transgender during a business transaction, is breaking the law. A fellow shopper who stares or makes unpleasant comments is just exercising poor manners.

What is Covered Under Ord. 02-453

Employment

Employers are not allowed to discriminate because of gender identity or expression in decisions regarding hiring, tenure, promotion, terms, conditions, and privileges of employment.

Housing

Any person who is authorized to sell, rent, lease, sub-lease, or manage a dwelling is not allowed to discriminate in negotiations, the rental or sale of a dwelling on the basis of gender identity or expression. It is also illegal to falsely claim to a transgender person that a dwelling is not available for rent or sale. Credit Financial institutions are prohibited from refusing to extend a loan for the purchase or improvement of a home because of gender identity or expression.

Public Accommodations

It is unlawful for a person, business or organization that provides services to or makes facilities available to the public to discriminate on the basis of gender identity or expression. For example, hotels, restaurants, movie theaters, and health clubs are required to allow transgender people to enjoy the privileges of the facility and at the same rates as other customers.

What is Exempted Under Ord. 02-453

Employment

Religious institutions may discriminate in order to promote their religious principles.

Employers may discriminate if a particular occupation reasonably requires persons of a particular race, color, religion, national origin, ancestry, sex, age, mental or physical capability, marital status, sexual orientation, or gender identity or expression.

Housing

Renting to members of one sex is permissible if the dwelling is constructed in such a way that personal privacy and personal safety are an issue, such as in dormitories or shared housing.

An owner is exempt from the fair housing laws if he or she lives in the building and the building contains four or fewer units.

A religious institution can give preference in the sale or rental of its own property to its own members.

Public Accommodations

Religious institutions can devote their facilities exclusively or primarily for their members’ use.