Sexual Orientation and Gender Identity Discrimination
Does Federal Law Protect against Sexual Orientation and Gender Identity Discrimination in the Workplace?
No federal law prohibits discrimination against homosexuals in the workplace, but an executive order issued by President Clinton in 1998 explicitly prohibits sexual orientation discrimination in Federal employment.
Do States Afford Gay and Lesbian Protections against Employment Discrimination?
Although most states offer no such protections, many protect sexual orientation and gender identity in public and private employment by statewide law or in public employment by administrative order.
- States protecting both sexual orientation and gender identity by law: California, District of Columbia, Minnesota, New Mexico, Rhode Island
- States protecting sexual orientation by law: Connecticut*, Hawaii*, Maryland, Massachusetts*, Nevada, New Hampshire, New Jersey*, New York*, Vermont and Wisconsin
- States protecting both sexual orientation and gender identity in public employment by administrative order: Kentucky and Pennsylvania
- States protecting sexual orientation in public employment by administrative order: Alaska, Arizona, Colorado, Delaware, Illinois, Indiana, Michigan, Montana, Washington
- States offering no protections: Alabama, Arkansas, Florida*, Georgia, Idaho, Iowa, Kansas, Louisiana, Maine, Mississippi, Missouri, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming
* State courts have found some protection for transgender individuals under existing discrimination law.
Do I Need an Employment Lawyer Experienced in Gay and Lesbian Employment Discrimination?
If you believe that your employer has discriminated against you on the basis of your sexual orientation or gender identity, you should definitely consult with an employment attorney. You may also consult your state's Fair Employment Practice Agency, if your state affords protection for gays and lesbians in the workplace, or your local ACLU chapter or gay and lesbian rights group.
Consult a Lawyer - Present Your Case Now!
Last Modified: 04-04-2013 04:30 PM PDT
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