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CASE ENTRY

Pense v. Maryland Department of Public Safety and Correctional Services

Allegation: Maryland corrections officer is falsely accused of sexually harassing female coworker. In the course of the investigation, the officer reveals that he is gay and HIV positive. The sexual harassment complaint is not sustained, but he’s fired anyway. Sexual orientation discrimination? Fourth Circuit: The state hasn’t waived sovereign immunity, so his state law claim can’t go in federal court.


Tags: 2019, Discrimination, Fourth Circuit, Sovereign Immunity

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