LGBT employment discrimination law in the United States

LGBT employment discrimination in the United States is illegal under

Title VII of the Civil Rights Act of 1964 The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requi ...

; employment discrimination on the basis of sexual orientation or gender identity is encompassed by the law's prohibition of employment discrimination on the basis of sex. Prior to the landmark cases '' Bostock v. Clayton County'' and '' R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission'' (2020), employment protections for LGBT people were patchwork; several states and localities explicitly prohibit harassment and bias in employment decisions on the basis of sexual orientation and/or gender identity, although some only cover public employees. Prior to the ''Bostock'' decision, the

Equal Employment Opportunity Commission The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...

(EEOC) interpreted Title VII to cover LGBT employees; the EEOC determined that transgender employees were protected under Title VII in 2012, and extended the protection to encompass sexual orientation in 2015.

Federal employees and law

Presidents have established certain protections for some employees of the federal government by

executive order In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of the ...

. It was not for years that a president did in fact establish an executive order in order to protect LGBT discrimination in the work force. In 1995, President

Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...

's Executive Order 12968 establishing criteria for the issuance of security clearances included sexual orientation for the first time in its non-discrimination language: "The United States Government does not discriminate on the basis of race, color, religion, sex, national origin, disability, or sexual orientation in granting access to classified information." It also said that "no inference" about suitability for access to classified information "may be raised solely on the basis of the sexual orientation of the employee." Clinton's Executive Order 13087 in 1998 prohibited discrimination based on sexual orientation in the competitive service of the federal civilian workforce. It applied to employees of the government of the District of Columbia and the United States Postal Service and to civilian employees of the armed forces, but not to certain excepted services, such as the Central Intelligence Agency, National Security Agency, and the Federal Bureau of Investigation. Clinton acknowledged its limitations in a statement: At the start of 2010, the Obama administration included gender identity among the classes protected against discrimination under the authority of the

(EEOC). It was Obama's wish to further attend to LGBT civil rights not only through legislation, but also the executive branch. In 2012 the

ruled that Title VII of the Civil Rights Act of 1964 does not allow gender identity-based employment discrimination because it is a form of sex discrimination. In 2015, the

concluded that Title VII of the Civil Rights Act of 1964 does not allow sexual orientation discrimination in employment because it is a form of sex discrimination. In March 2018, the Sixth Circuit Court of Appeals ruled in ''EEOC v. RG & GR Harris Funeral Homes'' that transgender people are protected by federal sex discrimination laws. By August of that year, 16 states had joined an amicus brief asking the U.S. Supreme Court to reconsider the ruling. The Supreme Court agreed to hear the case as '' R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission'' and in a 6–3 decision on June 15, 2020, the Court held that Title VII protections pursuant to § 2000e-2(a)(1) did extend to cover sexual orientation and gender identity. On March 31, 2014, U.S. District Court Judge Colleen Kollar-Kotelly ruled in the case of ''TerVeer v. Billington'', that Peter TerVeer can sue for discrimination under Title VII of the Civil Rights Act, that bans sex discrimination, claiming that he faced discrimination after his boss found out that he was gay. Title VII does not explicitly protect against sexual orientation discrimination, but Judge Kollar-Kotelly's ruling leaves that a person could bring a claim under Title VII's ban on sex discrimination because an employer views an employee's sexual orientation as "not consistent with acceptable gender roles." On July 21, 2014, President Obama signed Executive Order 13672, adding "gender identity" to the categories protected against discrimination in hiring in the federal civilian workforce and both "sexual orientation" and gender identity" to the categories protected against discrimination in hiring and employment on the part of federal government contractors and sub-contractors. On July 31, 2014, Obama also signed Executive Order 13673, "Fair Pay and Safe Workplaces," requiring companies with large federal contracts to prove their compliance with labor laws; this executive order, however, was revoked by President Trump on March 27, 2017. In 2017, the Trump administration, through the Department of Justice, reversed the Obama-era policy which used Title VII to protect transgender employees from discrimination. A bill to ban employment discrimination on the basis of sexual orientation and gender identity, the

Employment Non-Discrimination Act The Employment Non-Discrimination Act (ENDA) is legislation proposed in the United States Congress that would prohibit discrimination in hiring and employment on the basis of sexual orientation or, depending on the version of the bill, gender i ...

(ENDA), was introduced repeatedly in the

U.S. Congress The United States Congress is the legislative branch of the federal government of the United States. It is a bicameral legislature, including a lower body, the U.S. House of Representatives, and an upper body, the U.S. Senate. They both ...

since 1994. Under the ENDA, it was illegal for an employer to discriminate against their employees due to their sexual orientation or gender identity. Unlike the Equality Act of 1974, the main focus of the ENDA was to end employment discrimination. In 1994, the ENDA only made it illegal for employers to discriminate against employees based on their sexual orientation. By 2007, discrimination based on gender identity had been added to the law as well. In 2015, a broader bill, the Equality Act, was introduced in place of this. In March 2019, a group representing the Department of Justice's LGBTQ employees addressed a letter to Attorney General

William Barr William Pelham Barr (born May 23, 1950) is an American attorney who served as United States Attorney General, United States attorney general in the administration of President George H. W. Bush from 1991 to 1993 and again in the first adminis ...

, complaining about the increasing hostility and discrimination towards the LGBTQ employees. The group also claimed that LGBTQ employees had left the department due to alleged mistreatment and that the department did nothing to recruit and retain top LGBTQ employees.

State law prior to ''Bostock v. Clayton County, Georgia''

Pennsylvania Pennsylvania, officially the Commonwealth of Pennsylvania, is a U.S. state, state spanning the Mid-Atlantic (United States), Mid-Atlantic, Northeastern United States, Northeastern, Appalachian, and Great Lakes region, Great Lakes regions o ...

became the first state to ban public sector employment discrimination based on sexual orientation in 1975.

Wisconsin Wisconsin ( ) is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest of the United States. It borders Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michig ...

became the first state to ban both public and private sector employment discrimination based on sexual orientation in 1982.

Minnesota Minnesota ( ) is a U.S. state, state in the Upper Midwestern region of the United States. It is bordered by the Canadian provinces of Manitoba and Ontario to the north and east and by the U.S. states of Wisconsin to the east, Iowa to the so ...

became the first state to ban employment discrimination based on both sexual orientation and gender identity when it passed the ''Human Rights Act'' in 1993. Currently, 25/50 states, the

District of Columbia Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...

, and at least 400 cities and counties have enacted bans on discrimination based on sexual orientation and gender identity. 25 out of 50 US states, and the

Guam Guam ( ; ) is an island that is an Territories of the United States, organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. Guam's capital is Hagåtña, Guam, Hagåtña, and the most ...

Puerto Rico ; abbreviated PR), officially the Commonwealth of Puerto Rico, is a Government of Puerto Rico, self-governing Caribbean Geography of Puerto Rico, archipelago and island organized as an Territories of the United States, unincorporated territo ...

, and the

US Virgin Islands The United States Virgin Islands, officially the Virgin Islands of the United States, are a group of Caribbean islands and a Territories of the United States, territory of the United States. The islands are geographically part of the Virgin Isl ...

have statutes that explicitly codifies and protects against both sexual orientation and gender identity discrimination in employment in both the public and private sector:

California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...

Colorado Colorado is a U.S. state, state in the Western United States. It is one of the Mountain states, sharing the Four Corners region with Arizona, New Mexico, and Utah. It is also bordered by Wyoming to the north, Nebraska to the northeast, Kansas ...

Connecticut Connecticut ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the south. ...

Delaware Delaware ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic and South Atlantic states, South Atlantic regions of the United States. It borders Maryland to its south and west, Pennsylvania to its north, New Jersey ...

Hawaii Hawaii ( ; ) is an island U.S. state, state of the United States, in the Pacific Ocean about southwest of the U.S. mainland. One of the two Non-contiguous United States, non-contiguous U.S. states (along with Alaska), it is the only sta ...

Illinois Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. It borders on Lake Michigan to its northeast, the Mississippi River to its west, and the Wabash River, Wabash and Ohio River, Ohio rivers to its ...

Iowa Iowa ( ) is a U.S. state, state in the upper Midwestern United States, Midwestern region of the United States. It borders the Mississippi River to the east and the Missouri River and Big Sioux River to the west; Wisconsin to the northeast, Ill ...

Maine Maine ( ) is a U.S. state, state in the New England region of the United States, and the northeasternmost state in the Contiguous United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Provinces and ...

Maryland Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...

Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...

Michigan Michigan ( ) is a peninsular U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, ...

Nevada Nevada ( ; ) is a landlocked state in the Western United States. It borders Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. Nevada is the seventh-most extensive, th ...

New Hampshire New Hampshire ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...

New Jersey New Jersey is a U.S. state, state located in both the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. Located at the geographic hub of the urban area, heavily urbanized Northeas ...

New Mexico New Mexico is a state in the Southwestern United States, Southwestern region of the United States. It is one of the Mountain States of the southern Rocky Mountains, sharing the Four Corners region with Utah, Colorado, and Arizona. It also ...

New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...

Oregon Oregon ( , ) is a U.S. state, state in the Pacific Northwest region of the United States. It is a part of the Western U.S., with the Columbia River delineating much of Oregon's northern boundary with Washington (state), Washington, while t ...

Rhode Island Rhode Island ( ) is a state in the New England region of the Northeastern United States. It borders Connecticut to its west; Massachusetts to its north and east; and the Atlantic Ocean to its south via Rhode Island Sound and Block Is ...

Utah Utah is a landlocked state in the Mountain states, Mountain West subregion of the Western United States. It is one of the Four Corners states, sharing a border with Arizona, Colorado, and New Mexico. It also borders Wyoming to the northea ...

Vermont Vermont () is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, New Hampshire to the east, New York (state), New York to the west, and the Provinces and territories of Ca ...

Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...

, and Washington. One state being

have acquired such protections through executive orders, regulations, court rulings or binding decisions under a human rights commission since 2018. In addition, two states,

Indiana Indiana ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Michigan to the northwest, Michigan to the north and northeast, Ohio to the east, the Ohio River and Kentucky to the s ...

and

prohibit discrimination on account of sexual orientation only; gender identity is not addressed. Indiana, in accordance with ''Hively v Ivy Tech Community College'', a ruling by the Seventh Circuit Court of Appeals, and Wisconsin through a statute enacted in 1982, which made Wisconsin the first state to have private employment protections for sexual orientation. Similarly to Indiana, the Courts of Appeals for the Sixth, and Eleventh Circuits, covering

Alabama Alabama ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South, Deep Southern regions of the United States. It borders Tennessee to the north, Georgia (U.S. state), Georgia to the east, Florida and the Gu ...

Florida Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...

Georgia Georgia most commonly refers to: * Georgia (country), a country in the South Caucasus * Georgia (U.S. state), a state in the southeastern United States Georgia may also refer to: People and fictional characters * Georgia (name), a list of pe ...

Kentucky Kentucky (, ), officially the Commonwealth of Kentucky, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Illinois, Indiana, and Ohio to the north, West Virginia to the ...

, Michigan,

Ohio Ohio ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the ...

, and

Tennessee Tennessee (, ), officially the State of Tennessee, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Kentucky to the north, Virginia to the northeast, North Carolina t ...

, have found sex protections in the 1964 ''Civil Rights Act'' to include the category of gender identity. Furthermore, 8 U.S. states --

Arizona Arizona is a U.S. state, state in the Southwestern United States, Southwestern region of the United States, sharing the Four Corners region of the western United States with Colorado, New Mexico, and Utah. It also borders Nevada to the nort ...

Montana Montana ( ) is a landlocked U.S. state, state in the Mountain states, Mountain West subregion of the Western United States. It is bordered by Idaho to the west, North Dakota to the east, South Dakota to the southeast, Wyoming to the south, an ...

North Carolina North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...

, and

Kansas Kansas ( ) is a landlocked U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the west. Kansas is named a ...

. -- have an executive order, administrative order, or personnel regulation prohibiting discrimination in public employment only based on either sexual orientation or gender identity: An additional 2 states --

Alaska Alaska ( ) is a non-contiguous U.S. state on the northwest extremity of North America. Part of the Western United States region, it is one of the two non-contiguous U.S. states, alongside Hawaii. Alaska is also considered to be the north ...

and

Missouri Missouri (''see #Etymology and pronunciation, pronunciation'') is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it border ...

-- and the

Commonwealth of the Northern Mariana Islands The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands (CNMI), is an unincorporated territory and commonwealth of the United States consisting of 14 islands in the northwestern Pacific Ocean.Lin, Tom C.W.Amer ...

have executive orders prohibiting discrimination in public employment based on ''sexual orientation'' only. The remaining states do not offer any type of discrimination protections for the LGBT community at the state level, although some cities and localities have passed their own ordinances within these states.

Chronological order

1972: although the first local protections were enacted this year in Michigan (in

East Lansing East Lansing is a city in the U.S. state of Michigan. Most of the city lies within Ingham County, Michigan, Ingham County, although a small portion extends north into Clinton County, Michigan, Clinton County. At the 2020 United States census, 2020 ...

and

Ann Arbor Ann Arbor is a city in Washtenaw County, Michigan, United States, and its county seat. The 2020 United States census, 2020 census recorded its population to be 123,851, making it the List of municipalities in Michigan, fifth-most populous cit ...

).
1973: District of Columbia: Mooney, Linda A., David Knox, Caroline Schacht. (2009). I
''Understanding Social Problems''
6th Edition. Wadsworth, Cengage Learning. p. 467. . Google Book Search. Retrieved on January 23, 2011.
1975: Pennsylvania: Rimmerman, Craig A., Kenneth D. Wald, Clyde Wilcox. (2000). I
''The Politics of Gay Rights''
The University of Chicago Press. p. 272. . Google Book Search. Retrieved on January 23, 2011.
1979: California: Brown, Jerry.
Civil Rights
. Jerrybrown.com. Accessed: 2011-01-23.
1982: Wisconsin:
1983: New York: Quinn, Christine.
Bloomberg Must Speak Up on Gay Marriage
Gotham Gazette. 2004-03-08. Accessed: 2011-01-23.
Ohio: Resnick, Eric.

Gay People's Chronicle. 2011-01-14. Accessed: 2011-01-23.
1985: New Mexico:
. Human Rights Campaign. 2007-03-20. Accessed: 2011-01-23.
Rhode Island: Cumming, Doug.

(Fee required for access to the full article.) The Providence Journal. 1985-09-03. Accessed: 2011-01-23.Memorandum -- Rhode Island -- Sexual Orientation and Gender Identity Law and Documentation of Discrimination
p. 9 (Acrobat format) (Refers to Rhode Island Executive Order No. 11 (1985) (Equal Opportunity and Affirmative Action Policy)). The Williams Institute. 2009-09. Accessed: 2011-01-25.
Washington: Gardner, Booth.

. Governor of Washington web site. 1985-12-24. Accessed: 2011-01-23.
1987: Oregon: Roberts pushes gay rights bill
(1991, April 17). The Associated Press via The Bulletin (Bend, Oregon), p. A-7. Retrieved January 23, 2011 via Google News Archive.
1988: Oregon: Beggs, Charles E. (1992, November 12).
Anti-gay measure voided
The Associated Press via The Bulletin (Bend, Oregon), p. A-1. Retrieved January 23, 2011 via Google News archive.
1989: Massachusetts:
1990: Colorado: Robinson, B.A.

Ontario Consultants on Religious Tolerance. 2003-07-07. Accessed: 2011-01-23.
1991: Connecticut:
Hawaii:
Minnesota: Carlson, Arne.
Executive Order 91-4
(Adobe Acrobat format). Minnesota Legislature. 1991-01-29. Accessed: 2011-01-23.
New Jersey: Florio, James G.

The State of New Jersey. 1991-08-16. Accessed: 2011-01-23.
1992: California:
Louisiana: Louisiana -- Sexual Orientation and Gender Identity Law and Documentation of Discrimination
(Adobe Acrobat document). The Williams Institute. 2009-09. Accessed: 2011-01-23.
New Jersey:
Vermont:
Oregon:
1993: Minnesota:
1995: Maryland: Memorandum: Maryland -- Sexual Orientation and Gender Identity Law and Documentation of Discrimination
p. 7 (Acrobat format) (refers to Maryland Executive Order 01.01.1995.19 (1995) (Code of Fair Employment Practices)). The Williams Institute. 2009-09. Accessed: 2011-01-25.
Rhode Island:
1996: Illinois: The nation (map)
(1996, December 24). The Advocate, p. 20. Retrieved January 25, 2011 via Google Books search.
Louisiana:
1998: New Hampshire:
1999: Iowa:
GayLawNet. Publication date unknown. Accessed: 2011-01-25.
Nevada:
Ohio:
Delaware: Delaware Registrar of Regulations, Volume 4, Issue 9
("In December 2000, Executive Order # 83, was issued by Governor Thomas Carper, prohibiting State agencies from discrimination based on gender or sexual orientation"). Legis.delaware.gov. 2001-03. Accessed: 2010-01-25.
Iowa:
Montana: Memorandum: Montana -- Sexual Orientation and Gender Identity Law and Documentation of Discrimination
, p. 1 (Acrobat format). The Williams Institute. 2009-09. Accessed: 2011-01-25.
2001: Indiana: Smith, Raymond A., Donald Haider-Markel (2002). I
''Gay and Lesbian Americans and Political Participation: A Reference Handbook''
ABC-CLIO, Inc. p. 317. . Google Book Search. Retrieved on January 25, 2011.
Maine: Wills, Donald A.

(section Equal Employment Opportunity/Affirmative Action Policy Statement issued 2001-01-17 by governor Angus S. King, Jr.). State of Maine Bureau of Human Resources. 2001-05-01. Accessed: 2011-01-25.
Maryland:
Rhode Island:
2002: Alaska: The State of the Workplace for Lesbian, Gay, Bisexual and Transgender Americans 2002
, p. 5 (Acrobat format). Human Rights Campaign. 2003. Accessed: 2011-01-25.
New York:
2003: Arizona: Napolitano, Janet.
Executive Order 2003–22
(Acrobat format). Arizona State Library. 2003-06-21. Accessed: 2011-01-25.
California:
Kentucky: Lisotta, Christopher. (2003, July 8).
Kentucky tug-of-war
The Advocate, p. 15. Retrieved January 25, 2011 via Google Books.
Michigan: Stevenson, Jan.

. PrideSource. 2004-01-01. Accessed: 2011-01-26.
New Mexico:
Pennsylvania: Budoff, Carrie.

. The Philadelphia Inquirer via Illinois Gender Advocates. 2003-07-29. Accessed: 2011-01-26.
2004: Indiana: Indiana Extends Job Protections to Transgender State Employees
(Issues Alert, Acrobat format). National Center for Transgender Equality. 2004-09. Accessed: 2011-01-25.
Louisiana:
2005: Illinois:
Maine:
Virginia: Shear, Michael D., Chris L. Jenkins.

The Washington Post. 2005-12-17. Accessed: 2011-01-25.
2006: District of Columbia:
Kentucky:
. Kentucky Fairness Alliance. Spring 2006. Accessed: 2011-01-25.
New Jersey:
Washington:
2007: Colorado:
Iowa:
Kansas: Johnson, Chris.
Kansas governor signs executive order banning employment discrimination against public employees based on sexual orientation and gender identity
. Human Rights Campaign. 2007-08-31. Accessed: 2011-01-26.
Maryland: Gender Identity Discrimination
. Equality Maryland. Publication date unknown. Accessed: 2011-01-25.
Michigan: Heywood, Todd A.
Governor prohibits discrimination in state employment on the basis of gender identity, expression
The Michigan Messenger. 2007-11-26. Accessed: 2011-01-26.
Ohio:
Oregon: Runkel, Ross.

. LawMemo. 2007-05-09. Accessed: 2011-01-26.
Vermont:
2008: Kentucky:
The Equality Party (blog). 2008-06-03. Accessed: 2011-01-26.
Louisiana:
2009: Delaware: Markell Signs Landmark Equal Rights Law
. State of Delaware. 2009-07-02. Accessed: 2011-01-26.
Delaware:
New York: Scholl, Diana.
Gov. Paterson Signs Gender Expression Discrimination Executive Order, Urges Senate to Pass GENDA
. Housing Works. 2009-12-15. Accessed: 2011-01-26.
2010: Virginia: Helderman, Rosalind S.

The Washington Post. 2010-02-10. Accessed: 2011-01-25.
Missouri: Missouri nondiscrimination policy expanded to gays, veterans
. St. Louis Public Radio. 2010-07-26. Accessed: 2011-01-26.
2011: Ohio:
Massachusetts:
Hawaii: Hawaii Gov. Abercrombie signs bill preventing gender identity or expression discrimination
The Associated Press via Daily Reporter (Greenfield, Indiana). 2011-05-03. Accessed: 2011-05-04.
Nevada: Vogel, Ed.

Las Vegas Review-Journal. 2011-05-24. Accessed: 2011-05-24.
Connecticut: Edwards, David.
Connecticut governor signs law protecting transgender people
. The Raw Story. 2011-07-06. Accessed: 2011-07-07.
Alabama:
Florida:
Georgia:
2012: Massachusetts:
2013: Puerto Rico:
Delaware:
2014: Virginia:
Maryland:
2015: Kansas:
Utah:
Guam:
2016: Montana:
New York:
North Carolina:
Louisiana:
New Hampshire:
2017: Indiana:
Louisiana:
2018: Kentucky:
Michigan:
Ohio:
Tennessee:
Michigan:
New Hampshire:
Pennsylvania:
Ohio:
2019: Wisconsin:
Kansas:
2020: Virginia:
2022: Michigan:
2023: Arizona:
Virgin Islands:
Michigan:
2025: Iowa:

Local laws

Private sector policies

Many large companies provide equal rights and benefits to their lesbian, gay, bisexual, and transgender employees, as measured by the

Human Rights Campaign The Human Rights Campaign (HRC) is an American LGBTQ advocacy group. It is the largest LGBTQ political lobbying organization within the United States. Based in Washington, D.C., the organization focuses on protecting and expanding rights for L ...

(HRC) through its Corporate Equality Index. The 2015 report found 366 businesses achieved a top rating of 100 percent. The report also found 89% of

Fortune 500 The ''Fortune'' 500 is an annual list compiled and published by ''Fortune (magazine), Fortune'' magazine that ranks 500 of the largest United States Joint-stock company#Closely held corporations and publicly traded corporations, corporations by ...

businesses have non-discrimination policies on the basis of sexual orientation, while 66% of Fortune 500 businesses have non-discrimination policies on the basis of gender identity. Each year, corporations send thousands of employees to the Out & Equal Regional Summit, a conference that aims to create a more inclusive work environment for lesbian, gay, bisexual and transgender employees. There are workplace resources for how allies can create a more inclusive work environment, including programs available through PFLAG. Widespread adoption of private workplace policies may be motivated by good business sense, the Williams Institute suggests. Its conclusion is based on a set of studies that show that lesbians and gay men who have come out at work report lower levels of anxiety, less conflict between work and personal life, greater job satisfaction, more sharing of employers' goals, higher levels of satisfaction with their co-workers, more self-esteem, and better physical health.

Repeal efforts

Impact of court interpretation on cases

Statutory interpretation

Statutory interpretation Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meani ...

is when the Court determines the meaning of a statute, using a variety of methods, to make a ruling in a case. Before '' Bostock v. Clayton County'' (2020), there were numerous court cases that discussed the meaning of “sex” in Title VII of the Civil Rights Act of 1964. Two of the more important cases involving statutory interpretation were '' Price Waterhouse v. Hopkins'' (1989) and '' Oncale v. Sundowner'' (1998). In ''Price Waterhouse'', the plaintiff, Ann Hopkins, sued her employer when her proposal for partnership was dismissed and claimed it was because of her being a woman. The

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

noted that Hopkins’ failure to meet gender norms was taken into account by Price Waterhouse when making their employment decision. The Court stated in their decision that Title VII is violated when sex-based considerations and/or gender is used to make decisions regarding employment.''Price Waterhouse v. Hopkins'', 490 U.S. 228, 109 S. Ct. 1775, 104 L. Ed. 2d 268 (1989). By using statutory interpretation in the majority opinion, the Court in ''Price Waterhouse'' expanded the interpretation of Title VII to “establish liability if a plaintiff proved sex was a “motivating” or “substantial” factor in a decision based on a mix of legitimate and illegitimate factors”. In ''Oncale v. Sundowner Offshore Services, Inc.'', Joseph Oncale, an employee on an oil platform crew for Sundowner Offshore Services claimed he was sexually harassed by other employees and received no support from management. Oncale proceeded to file a complaint against his employer claiming his rights under Title VII were violated by the sexual harassment that had taken place at work. The Court ruled unanimously that all discrimination based on sex was in violation of Title VII of the Civil Rights Act regardless of the victim’s gender. The statutory interpretation by the Court allowed for a precedent to be set for deciding the outcome in same-sex harassment cases. By establishing this precedent, the Court made a statement for same-sex harassment cases that sets up the outcomes of numerous other cases centered on the question of LGBTQ protections under Title VII. In ''Bostock v. Clayton County'', Gerald Bostock, an employee of

Clayton County, Georgia Clayton County is located in the north central portion of the U.S. state of Georgia. As of the 2020 census, the population was 297,595 by the U.S. Census Bureau. The county seat is Jonesboro. Clayton County is one of the core counties of the ...

, expressed interest in participating in a gay recreational softball league in 2013.''Bostock v. Clayton County''. (n.d.). Oyez. https://www.oyez.org/cases/2019/17-1618 Shortly after, he was ridiculed by colleagues for his choices, including those related to his sexual orientation. After being abruptly fired for “conduct unbecoming of its employees,” Bostock filed a claim with the

EEOC The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...

because he believed his firing was discriminatory. Bostock lays out his argument using the plain-text approach of statutory interpretation that the Court agrees with and rules in his favor.Carter, K. (2020). Questioning the Definition of "Sex" in Title VII: Bostock v. Clayton County, GA. ''Duke J. Const. L. & Pub. Pol'y Sidebar, 15'', 66 The argument consisted of analyzing the broad meaning of “because of sex” and looking at the dictionary definition of “homosexual.” Because of this statutory groundwork, Bostock argues that discriminating against an employee for their sexual orientation “requires an employer to intentionally treat individual employees differently because of their sex,” and thus, is able to convince the Court to rule that sexual orientation discrimination violates the protections laid out in Title VII. Although the Court agrees with Bostock and rules in his favor, the use of statutory interpretation may cause a troublesome future for this precedent. A simple majority vote in

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...

would be effective in reversing the decision by the Court and overruling their interpretation of Title VII. With this thought in mind, a constitutional approach usually has larger, more controversial, political stakes than statutory approaches have.

Constitutional interpretation

Constitutional interpretation Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United St ...

is when the Court determines the constitutionality of a bill, act, statute, law, etc. that is brought before the Court. After entering the home of John Lawrence,

Houston Houston ( ) is the List of cities in Texas by population, most populous city in the U.S. state of Texas and in the Southern United States. Located in Southeast Texas near Galveston Bay and the Gulf of Mexico, it is the county seat, seat of ...

police discovered Lawrence performing sexual acts with another man and arrested them both for breaking a Texas law.''Lawrence v. Texas'', 539 U.S. 558, 123 S. Ct. 2472, 156 L. Ed. 2d 508 (2003). In ''

Lawrence v. Texas ''Lawrence v. Texas'', 539 U.S. 558 (2003), is a List of landmark court decisions in the United States, landmark decision of the Supreme Court of the United States, United States Supreme Court in which the Court ruled that U.S. state laws Sodom ...

'' (2003), the Texas law, which prohibited engaging with a member of your sex in a sexual act, made its way to the Supreme Court where they struck down the law because of its violation of the

Due Process Clause A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due proces ...

of the Fourteenth Amendment. Through the moral reasoning approach, the Court expanded on the meaning of “liberty” in the Fourteenth Amendment to include those of same-sex individuals and thus protect them under that amendment. In ''

United States v. Windsor ''United States v. Windsor'', 570 U.S. 744 (2013), is a List of landmark court decisions in the United States, landmark United States Supreme Court civil rights case concerning same-sex marriage in the United States, same-sex marriage. The Cou ...

'' (2013), the Supreme Court’s decision established the groundwork needed for the landmark decision in ''

Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark decision of the United States Supreme Court which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of th ...

'' in 2015. A couple married legally under Canadian law,

Edith Windsor Edith Windsor (née Schlain; June 20, 1929 – September 12, 2017) was an American LGBT rights in the United States, LGBT rights activist and a technology manager at IBM. She was the lead plaintiff in the 2013 Supreme Court of the United State ...

and Thea Spyer, moved to

where their marriage was recognized but when filing taxes for the federal government, the United States did not recognize their marriage.''United States v. Windsor''. (n.d.). Oyez. https://www.oyez.org/cases/2012/12-307 Windsor sued the federal government declaring that the Defence of Marriage Act (DOMA) was unconstitutional. After lots of input from other government agencies and branches, the Supreme Court reached a decision in 2013 confirming that DOMA creates a “disadvantage, a separate status, and so a stigma” against same-sex couples which violates their protections under the Fifth Amendment.''United States v. Windsor'', 133 S. Ct. 2675, 570 U.S. 744, 186 L. Ed. 2d 808 (2013). By using a broad understanding of '

equal protection The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...

' in the majority opinion, the Court extended the protections of the Constitution to include the LGBTQ community and set a precedent, yet again, for future cases. Even more, the Court made clear that defining marriage has always been a right of the states and not the federal government and therefore, the Court established their decision to hear and rule on the case as constitutional. This interpretation by the Court may cause mixed emotions because of their controversial manner of reversing a policy passed in a democratic way by Congress however, because of the previous statement, the Court was required to interfere to prohibit the discrimination of a specific group of people. The landmark LGBTQ rights case came in 2015 with the Supreme Court’s decision in ''Obergefell v. Hodges'' that guaranteed Fourteenth Amendment protections and liberties to same-sex couples. The majority held the prohibition against

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...

from multiple states as unconstitutional and reflected both the judicial precedent and historical reasoning approach in their ruling.''Obergefell v. Hodges'', 135 S. Ct. 2071, 576 U.S. 644, 191 L. Ed. 2d 953 (2015). Further, the Court extended their argument by claiming that there was no legal argument for refusing same-sex couples the right to marry in any state. In the opinion, the Court reflects on de Tocqueville's description of marriage as "'the foundation of the family and of society, without which there would be neither civilization nor progress,'" from ''Maynard v. Hill'' (1888). Again, opponents of this interpretation claim the Supreme Court is overstepping their constitutional authority however, the majority definitively states that "when the rights of persons are violated, 'the Constitution requires redress by the courts.'"

LGBT people's experiences of workplace discrimination and Harassment

In 2020, 8.9% of employed LGBT people, including 11.3% of LGBT employees of color and 6.5% of white LGBT employees, reported being fired or not hired because of their sexual orientation or gender identity. 29.0% of LGBT employees of color said they were not hired because of their LGBT status, compared to 18.3% of white LGBT employees. Over half of LGBT employees who experienced discrimination or harassment at work (57.0%) said their boss or coworkers did or said something that indicated the unfair treatment was motivated by religious beliefs. In comparison to 49.4% of white LGBT employees, nearly two-thirds (63.5%) of LGBT employees of color said religion was a motivating factor in their workplace discrimination experiences. Despite widespread discrimination, another study has reported that only 71% of American adults think that sexual orientation is a protected characteristic under employment nondiscrimination laws. Sexual minorities are as uninformed as heterosexual individuals that sexual orientation is legally protected from employment discrimination.

Impact of COVID-19 on LGBTQ employment discrimination

LGBTQ people have been adversely affected by both the

COVID-19 Coronavirus disease 2019 (COVID-19) is a contagious disease caused by the coronavirus SARS-CoV-2. In January 2020, the disease spread worldwide, resulting in the COVID-19 pandemic. The symptoms of COVID‑19 can vary but often include fever ...

pandemic and the social-economic chaos. According to research by the Movement Advancement Project, LGBTQ people, particularly people of color and those who are raising children, experience high rates of economic instability and are more likely to face discrimination at work and during job search as well. In comparison to 45% of non-LGBTQ people, 64% of LGBTQ people said they or an adult in their household had lost their job. This is especially concerning because LGBTQ people face higher rates of employment discrimination in general and may have difficulty finding new jobs, this number rises to 71% among Latino LGBTQ households. According to a survey conducted by HRC and PSB in April/May 2020, one-third (33%) of LGBTQ people reduced their hours of work, whereas higher rates for LGBTQ people of color (38%). In light of employment discrimination against LGBT people, the Biden administration has strengthened laws prohibiting sex discrimination based on gender identity and sexual orientation. Also, in consultation with the attorney general, the heads of the respective agencies must ensure that existing policies are being followed and develop a plan to combat workplace discrimination.

References

Sources

* Ann E. Tweedy and Karen Yescavage,
Employment Discrimination Against Bisexuals: An Empirical Study
', 21 Wm. & Mary J. Women & L. 699 (2015) {{LGBTQ rights in the United States LGBTQ law in the United States LGBTQ rights in the United States History of LGBTQ civil rights in the United States Anti-discrimination law in the United States United States labor law Employment discrimination Industrial and organizational psychology