LGBT employment discrimination in the United States

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The regulation of LGBT employment discrimination in the United States varies by jurisdiction. Many, but far from all, states and localities prohibit bias in hiring, promotion, job assignment, termination, and compensation, as well as harassment on the basis of one's sexual orientation. Fewer extend those protections to cover sexual identity.[1] Some cover government employees but do not extend their protections to the private sector. Protections at the national level are limited. There is no federal statute addressing employment discrimination based on sexual orientation or gender identity.

Federal employees

Presidents have established certain protections for some employees of the federal government by executive order. In 1995, President Bill Clinton'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."[2] 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:[3]

The Executive Order states Administration policy but does not and cannot create any new enforcement rights (such as the ability to proceed before the Equal Employment Opportunity Commission). Those rights can be granted only by legislation passed by the Congress, such as the Employment Non-Discrimination Act.

At the start of 2010, the Obama administration began including gender identity among the list of classes protected against discrimination under the authority of the Equal Employment Opportunity Commission (EEOC).[4] In April 2012, the EEOC decided that gender identity was a protected class under the ban on sex discrimination found in Title VII of the Civil Rights Act of 1964.[5]

A bill to ban employment discrimination on the basis of sexual orientation and gender identity, the Employment Non-Discrimination Act (ENDA), has been introduced repeatedly in the U.S. Congress since 1994.

State law

Current U.S. LGBT employment discrimination laws.
All employment:
  Sexual orientation and gender identity
  Sexual orientation only
State employment:
  Sexual orientation and gender identity
  Sexual orientation only
  No state-level protection for LGBT employees

Wisconsin became the first state to ban employment discrimination based on sexual orientation in 1982. Minnesota 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.[6] Twenty-one states, the District of Columbia, and over 140 cities and counties have enacted bans of one sort or another.

Seventeen states, the District of Columbia and Puerto Rico have statutes that protect against both sexual orientation and gender identity discrimination in employment in the public and private sector: California,[7] Colorado,[8] Connecticut, Delaware,[9] Hawaii,[10] Illinois, Iowa, Maine, Massachusetts, Minnesota, Nevada,[11] New Jersey,[12] New Mexico, Oregon, Rhode Island, Vermont, and Washington.

The states that ban sexual orientation discrimination in employment by statute are California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.[13] Many of these laws also ban discrimination in other contexts, such as housing or public accommodation. Four states have laws prohibiting sexual orientation discrimination in public employment only: Indiana, Michigan, Montana, and Pennsylvania.

Five states prohibit discrimination in public employment based on sexual orientation only: Alaska, Arizona, Missouri,[14] Montana, and Ohio.

Five states have an executive order, administrative order, or personnel regulation prohibiting discrimination in public employment based on sexual orientation and gender identity: Indiana, Kansas, Kentucky, Michigan,[15] and Pennsylvania. Two states prohibit discrimination based on gender identity in public employment only: Maryland and New York. Ohio previously included gender identity, until Governor John Kasich allowed the executive order covering it to expire in January 2011.[16]

Seventeen other states have laws that have been interpreted to protect transgender persons.[17]

Local law

A number of cities and counties have implemented non-discrimination laws. At least 185 cities and counties prohibit discrimination on the basis of gender identity for both public and private employees. In addition, at least 20 cities and counties prohibit such discrimination in public employment only. Most but not all of these cities and counties are located in states that have a statewide non-discrimination policy for sexual orientation and/or gender identity.

Sexual orientation and gender identity

The following jurisdictions have laws prohibiting discrimination on the basis of sexual orientation and gender identity in the absence of a comparable state law. Localities in italics are jurisdictions that prohibit discrimination on the basis of gender identity in public employment only.

Map of states, cities, and counties that have sexual orientation and/or gender identity anti–employment discrimination ordinances
  Sexual orientation and gender identity with anti–employment discrimination ordinance
  Sexual orientation with anti–employment discrimination ordinance
  Sexual orientation and gender identity solely in public employment1
  Sexual orientation in public employment
  Does not protect sexual orientation and gender identity in employment

1Maryland and New York have statewide gender identity protections solely in public employment.
Map of cities and counties that have gender identity–inclusive anti–employment discrimination ordinances
  Gender identity with anti–employment discrimination ordinance
  Gender identity solely in public employment
  Does not protect gender identity in employment

Sexual orientation only

The following jurisdictions have laws prohibiting discrimination on the basis of sexual orientation only in the absence of a comparable state law. Localities in italics are jurisdictions that prohibit discrimination on the basis of sexual orientation in public employment only.[77]

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 (HRC) through its Corporate Equality Index. The 2011 report found that 337 large companies received a 100% rating.[104] These businesses employ a total of over 8.3 million full-time U.S. workers.[105] When the Rights Campaign’s Corporate Equality Index was first used in 2002, 13 companies were rated 100 percent.[106] 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.[107] There are workplace resources for how allies can create a more inclusive work environment, including programs available through PFLAG.[108]

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.[109]

See also

References

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