Employment Nondiscrimination
In June 2020, the U.S. Supreme Court ruled that employment discrimination based on sexual orientation or gender identity is illegal under Title VII of the federal Civil Rights Act, which prohibits discrimination based on sex in employment. As a result of this ruling, LGBTQ people across the country can continue to file complaints with the federal Equal Employment Opportunity Commission (EEOC) and seek recourse for discrimination in the workplace through federal courts.
Note that some states also have explicit laws against employment discrimination based on sexual orientation and/or gender identity, and these are included below. These state laws remain important so that LGBTQ people are protected against discrimination at every level of government, and because they are often passed alongside additional protections not yet enshrined in federal law, such as protections against discrimination based on sexual orientation and gender identity in housing and public places. Some cities and counties also have such protections, and those are tracked here.
Federal law prohibits employment discrimination based on sex including sexual orientation and gender identity
State law explicitly prohibits employment discrimination based on sexual orientation and/or gender identity (click here for more).
Note that Title VII applies only to employers with 15 or more employees. Additional protections may exist at the state or local level. Individuals who have experienced discrimination should contact
Lambda Legal's Help Desk
or otherwise seek legal advice. This map is not intended as legal advice.
Recommended citation:
Movement Advancement Project. "Equality Maps: Employment Nondiscrimination Laws."
https://www.lgbtmap.org/equality_maps/employment_non_discrimination_laws. Accessed [date of access].
A June 2020 Supreme Court ruling affirmed that LGBTQ people across the country are protected by federal law against discrimination in the workplace. A growing number of states and localities also have such protections, and these state and local laws remain important so that LGBTQ people are protected against discrimination at every level of government. These state and local laws also often include protections against discrimination beyond employment, such as in housing and public places.Â
State employment nondiscrimination laws protect LGBTQ people from being unfairly fired, not hired, or discriminated against in the workplace by private employers on the basis of sexual orientation or gender identity. This map shows state nondiscrimination laws that explicitly enumerate sexual orientation and/or gender identity as protected classes, as well as states that explicitly interpret existing sex protections to include sexual orientation and/or gender identity.Â
State law explicitly prohibits discrimination based on sexual orientation and gender identity
State explicitly interprets existing prohibition on sex discrimination to include sexual orientation and/or gender identity
State law explicitly prohibits discrimination based on sexual orientation only
No explicit prohibitions for discrimination based on sexual orientation or gender identity in state law
- Notes:Â
Nearly all states prohibit employment discrimination on the basis of sex (with the exceptions of Alabama, Georgia, and Mississippi). The Supreme Court’s June 2020 decision in Bostock affirmed that sex-based discrimination includes discrimination based on sexual orientation and gender identity. However, states with sex-based protections are only included in the above map if the state government or agency has explicitly affirmed they interpret the state’s ban on sex discrimination to also apply to discrimination based on sexual orientation and gender identity (as per the logic in the U.S. Supreme Court’s June 2020 decision in Bostock). See the “State-by-State Statutes” document for more detail.
- Missouri’s Supreme Court held in February 2019 that, under Missouri law, it is illegal for employers to discriminate based on sex stereotypes. While the ruling held that discrimination based on sexual orientation is not a form of sex stereotyping, the decision does affirm the right of LGBTQ Missourians to (like all Missourians) bring charges of employment discrimination based on sex stereotyping.
Individuals who have experienced discrimination should contactÂ
Lambda Legal’s Help Desk or otherwise seek legal advice. This map is not intended as legal advice.Recommended citation:Â
https://www.lgbtmap.org/equality_maps/employment_non_discrimination_laws. Accessed [date of access].
Movement Advancement Project. “Equality Maps: Employment Nondiscrimination Laws.”Â
A June 2020 Supreme Court ruling affirmed that LGBTQ people across the country are protected by federal law against discrimination in the workplace. A growing number of states and localities also have such protections, and these state and laws remain important so that LGBTQ people are protected against discrimination at every level of government. These state and local laws also often include protections against discrimination beyond employment, such as in housing and public places. See here for additional tracking of local ordinances in those areas.
This map shows state laws and local ordinances prohibiting employment discrimination based on sexual orientation and/or gender identity.  Specifically, the map shows the percent of each state’s population that is protected by local ordinances against employment discrimination based on both sexual orientation and gender identity.  For more information about a state’s local-level coverage, including whether there are fewer protections for gender identity than sexual orientation, please see the the detailed information in each state’s profile by clicking on that state in the map below.
Percent of the state population protected by local ordinances from discrimination based on both sexual orientation and gender identity
State has law prohibiting discrimination based on sexual orientation, but not gender identity
State has law preventing passage or enforcement of local nondiscrimination ordinances
Note that enforcement mechanisms within these ordinances varies by jurisdiction. Note also that some jurisdictions may prohibit discrimination in public employment (i.e., government employees only), but only ordinances that prohibit discrimination in private employment are included here.
Recommended citation:
Movement Advancement Project. “Equality Maps: Employment Nondiscrimination Laws.” https://www.lgbtmap.org/equality_maps/employment_non_discrimination_laws. Accessed [date of access].
Click here for a list of city and county ordinances by state.
This map shows state laws or policies that prohibit discrimination against state employees on the basis of sexual orientation and/or gender identity. As a result of a 2020 U.S. Supreme Court ruling, state employees can seek recourse for employment discrimination based sexual orientation and gender identity through the federal Equal Employment Opportunity Commission and federal courts.
State public employment nondiscrimination policy covers sexual orientation only
State public employment nondiscrimination policy covers sexual orientation and gender identity
State explicitly interprets existing prohibition on sex discrimination to include sexual orientation and/or gender identity
No state policy prohibiting discrimination against public employees based on sexual orientation or gender identity
*Note: Alaska prohibits discrimination against state employees based on sexual orientation via executive order, and based on gender identity via interpretation of existing state law prohibiting discrimination based on sex. Click the “Read the State-by-State Statutes” button below the map for more detail.
Recommended citation:
Movement Advancement Project. “Equality Maps: Employment Nondiscrimination Laws.”https://www.lgbtmap.org/equality-maps/non_discrimination_laws. Accessed [date of access].
key
- Indicates state law or policy
- Indicates local laws or policies and/or partial law
- Indicates no law or policy
- Enumeration not applicable
- State has law that only covers sexual orientationLaw covers sexual orientation
- State has law that covers sexual orientation and gender identityLaw covers sexual orientation and gender identity/expression
-
Law covers association
- Law prevents schools from adding LGBTQ protections
-
Law bans transgender students from using school facilities consistent with their gender identity
| State | Anti-bullying | Nondiscrimination | Year Passed |
| Citations | Citations | ||
| Alabama | |||
| Alaska | |||
| American Samoa | |||
| Arizona | |||
| Arkansas |
State has law that covers sexual orientation and gender identity |
2011 | |
| California |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Colorado |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Connecticut |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
2021 |
| Delaware | |||
| District of Columbia |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Florida | |||
| Georgia | 2011 | ||
| Guam |
State has law that only covers sexual orientation |
||
| Hawaii |
State has law that covers sexual orientation and gender identity |
||
| Idaho | |||
| Illinois |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Indiana | |||
| Iowa |
State has law that covers sexual orientation and gender identity |
State has law that only covers sexual orientation |
|
| Kansas | |||
| Kentucky | |||
| Louisiana | |||
| Maine |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Maryland |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Massachusetts |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Michigan |
State has law that covers sexual orientation and gender identity |
||
| Minnesota |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Mississippi | |||
| Missouri | State does not have this law | State does not have this law | 2006 |
| Montana | |||
| Nebraska | |||
| Nevada |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| New Hampshire |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| New Jersey |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| New Mexico |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| New York |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| North Carolina |
State has law that covers sexual orientation and gender identity |
||
| North Dakota | |||
| Northern Mariana Islands | |||
| Ohio | |||
| Oklahoma | |||
| Oregon |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Pennsylvania | |||
| Puerto Rico |
State has law that covers sexual orientation and gender identity |
||
| Rhode Island |
State has law that covers sexual orientation and gender identity |
||
| South Carolina | |||
| South Dakota | State does not have this law | State does not have this law | 2012 |
| Tennessee | |||
| Texas | |||
| U.S. Virgin Islands |
State has law that only covers sexual orientation |
||
| Utah | |||
| Vermont |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| Virginia |
State has law that covers sexual orientation and gender identity |
||
| Washington |
State has law that covers sexual orientation and gender identity |
State has law that covers sexual orientation and gender identity |
|
| West Virginia |
|
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| Wisconsin |
State has law that only covers sexual orientation |
||
| Wyoming |
