Gender Identity – Sexual Orientation Nondiscrimination Laws by State
Discrimination in the workplace occurs when an employee is subjected to negative employment action, harassment or denial of benefits based on a protected trait. Employment discrimination based on sexual orientation or gender identity is not specifically prohibited under federal law. However, a number of states have laws that prohibit employers from discriminating against employees based upon their sexual orientation or their self-identified gender.
The following states have passed laws that prohibit workplace discrimination based on sexual orientation or sexual orientation and gender identity. States that are not listed do not have gender identity or sexual orientation nondiscrimination laws.
STATE – NONDISCRIMINATION LAWS [Applicable law]
California – Based on gender identity and sexual orientation[Cal. Gov’t Code § 12940]
Colorado – Based on gender identity and sexual orientation[Col. Rev. Stat. 2-4 4-1 and 24-34-402]
Connecticut – Based on gender identity and sexual orientation[Conn. Gen. Stat. §46a-81c(2) and 46a-60(a)(1)]
Delaware – Based on gender identity and sexual orientation[Del. Code Ann. tit. 19, § 711]
District of Columbia – Based on gender identity and sexual orientation[D.C. Code §2-1401.01, 02, §2-1402.11, 21, 31, 41, 71, 73]
Hawaii – Based on gender identity and sexual orientation[Haw. Rev. Stat. §378-1 and 378-3; Haw. Rev. Stat. §489-2 and 489-3]
Illinois – Based on gender identity and sexual orientation[775 Ill. Comp. State 5/1-102 and 5/1-103]
Iowa – Based on gender identity and sexual orientation[Iowa Code, Chapter 216; 216.2(10), 216.2(14)]
Maine – Based on gender identity and sexual orientation[Me. Rev. Stat. Ann. tit. 5 §4553 and 4571-76]
Maryland – Based on gender identity and sexual orientation[Md. Code Ann., State Gov’t § 20-606]
Massachusetts – Based on gender identity and sexual orientation[Mass. Gen. Laws Ann. Title XXI, ch. 151B, § 4]
Minnesota – Based on gender identity or sexual orientation[Minn. Stat. Ann. § 363A.03 and 363A.08]
Nevada – Based on gender identity or sexual orientation[Nev. Rev. Stat. Ann. § 613.330]
New Hampshire – Based on sexual orientation[N.H. R.S.A. §§ 21-I:52; 354-A:2 (2002); 354-A:6 and 7]
New Jersey – Based on gender identity and sexual orientation[N.J. Stat. Ann. § 10:2-1; 10:5-12]
New Mexico – Based on gender identity and sexual orientation[N.M. Stat. Ann. §§ 28-1-2, 7 and 9]
New York – Based on sexual orientation[N.Y. Exec. Law § 296]
Oregon – Based on gender identity and sexual orientation[Or. Rev. Stat. Ann. § 659A.030]
Rhode Island – Based on gender identity and sexual orientation[R.I. Gen. Laws §28-5-3, §28-5-7, §34-37-4, §34-37-4.3, §11-24-2]
Utah – Based on gender identity and sexual orientation[Utah Code Ann. § 34A-5-106]
Vermont – Based on gender identity and sexual orientation[21 V.S.A. §495; 8 V.S.A. §10403]
Washington – Based on sexual orientation[Wis. Stat. §36.12, §106.50, §106.52, §111.31, §230.18, §224.77]
Legislation is continually changing. Therefore, this information is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact appropriate legal counsel for advice.
For more information, contact a SW Risk Specialist at 1-866-924-7976 (SWRM).
