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Your Rights Sexual Orientation and Gender Identity Discrimination: State Law

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Many states currently regulate employment discrimination based on sexual orientation, but the extent of that regulation varies by jurisdiction.  Some states prohibit a bias in hiring, promotion, firing, and compensation based on an employee’s sexual orientation.  With recent legislation, many states are also working towards extending protection to cover gender identity. To get more information about federal laws protecting you from sexual orientation or gender identity discrimination see our main Sexual Orientation Discrimination and Gender Identity Discrimination pages. Also visit our Attorney Listing to find a local attorney who can answer your questions. Click on your state below to find out about your state's laws. 

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

Alabama

Alabama does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Alaska

Alaska does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Arizona

Arizona does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Arkansas

Arkansas does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

California

California has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  An employer must have 5 employees to be covered by state law.

Colorado

Colorado has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  No employee minimum to file a claim under state law.

Connecticut

Connecticut has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  An employer must have 3 employees to be covered by the state law.

Delaware

Delaware has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  An employer must have 4 employees to be covered by the state law.

District of Columbia

The District of Columbia has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  There is no employee minimum to file a claim under state law.

Florida

Florida does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Georgia

Georgia does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Hawaii

Hawaii does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Idaho

Idaho does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Illinois

Illinois has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  An employer must have 15 employees to be covered by the state law.

Indiana

Indiana does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Iowa

Iowa has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  An employer must have 4 employees to be covered by the state law.

Kansas

Kansas does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Kentucky

Kentucky does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Louisiana

Louisiana has a regulation that prohibits discrimination based on both sexual and gender identity; however, the regulation is only applicable to the public sector.  An employer must have 20 employees to be covered by the state law.

Maine

Maine has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  There is no employee minimum under state law, but if there are fewer than 15 employees, damages you can recover may be limited.

Maryland

Maryland has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  The minimum number of employees varies by county, so check with your county's human relations commission.

Massachusetts

Massachusetts has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  An employer must have 6 employees to be covered by the state law.

Michigan

Michigan has a regulation that prohibits discrimination based on both sexual and gender identity; however, the regulation is only applicable to the public sector.  There is no employee minimum to file a claim under state law

Minnesota

Minnesota has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  There is no employee minimum to file a claim under state law.

Mississippi

Missippi does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Missouri

Missouri does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Montana

Montana has a regulation that prohibits discrimination based on both sexual and gender identity; however, the regulation is only applicable to the public sector.  There is no employee minimum to file a claim under state law

Nebraska

Nebraska does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Nevada

Nevada has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  An employer must have 15 employees to be covered by the state law.

New Hampshire

New Hampshire only provides employees protection against sexual orientation in both the public and private sectors.  An employer must have 6 employees to be covered by the state law.

New Jersey

New Jersey has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  There is no employee minimum to file a claim under state law.

New Mexico

New Mexico has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  An employer must have 4 employees to be covered by the state law.

New York

New York only provides employees protection against sexual orientation in both the public and private sectors.  An employer must have 4 employees to be covered by the state law.

North Carolina

North Carolina has a regulation that prohibits discrimination based on both sexual and gender identity; however, the regulation is only applicable to the public sector.  Due to new legislation, HB2, enacted on March 23, 2016, the ability to file a discrimination claim because of race, religion, color, national origin, sex or handicap in state court under state law is limited.  This law is now the subject of litigation, so we recommend you speak with an attorney licensed in North Carolina to determine the current status of the law.

North Dakota

North Dakota does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Ohio

Ohio does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Oklahoma

Oklahoma does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Oregon

Oregon has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  There is no employee minimum to file a claim under state law.

Pennsylvania

Pennsylvania does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Rhode Island

Rhode Island does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

South Carolina

South Dakota does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

South Dakota

South Dakota does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Tennessee

Tenessee does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Texas

Texas does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Utah

Utah has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  An employer must have 15 employees to be covered by the state law.

Vermont

Vermont has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  There is no employee minimum to file a claim under state law.

Virginia

Virginia has a regulation that prohibits discrimination based on both sexual and gender identity; however, the regulation is only applicable to the public sector.  An employer must have 6-19 employees to be covered by the state law.

Washington

Washington has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors.  An employer must have 8 employees to be covered by the state law.

West Virginia

West Virginia does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.

Wisconsin

Wisconsin only provides employees protection against sexual orientation in both the public and private sectors.  There is no employee minimum to file a claim under state law.

Wyoming

Wyoming does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.

However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination.  Please refer back to the main discrimination page for more information about filing a claim with the EEOC.