Law360 (June 11, 2019, 10:18 PM EDT) -- The Fourth Circuit said Tuesday that a lower court wrongly found a former Maryland Department of Public Safety and Correctional Services worker could pursue in federal court claims under a state anti-bias law that he was fired because he is gay and HIV-positive.
A three-judge appellate panel reversed a federal judge's April 2018 decision denying the department's bid to toss the sexual orientation and disability discrimination claims Michael Pense brought under the Maryland Fair Employment Practices Act, remanding the case to dismiss those claims.
The department had said that the 11th Amendment grants it immunity from being sued in federal court...
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