Anti-Discrimination

Discriminatory practices can affect women's health by erecting barriers to services and insurance, by creating stress that contributes to physical and mental health problems and by establishing obstacles to financial achievement. The Report Card examines policies that can combat these negative effects. First, states can protect victims of domestic violence who face discrimination in all "lines" of insurance: health, life, disability and property/casualty. (1) Insurance companies have used a history of abuse to deny coverage or to increase premiums, and have refused to cover abuse-related medical conditions and claims. (2)  These practices can discourage victims from seeking help for fear of losing their insurance coverage if the abuse is discovered.  Although federal law offers some protections against discrimination, (3) several states offer more comprehensive protection by enacting laws that prohibit discrimination against domestic violence victims. Second, states can prohibit discrimination in employment. Employment discrimination affects women’s health and well-being, not only because access to employment affects women’s financial status, but also because employment discrimination blocks one of the key avenues to health insurance.  Although the federal government and the vast majority of states prohibit employment discrimination based on sex, race, religion, ethnicity, age and disability, few states prohibit employment discrimination based on sexual orientation.  Third, there is no comprehensive federal statute prohibiting genetic discrimination, although an Executive Order does bar such discrimination against federal employees. (4) Scientists are now beginning to identify genes that are related to specific diseases and such scientific advances may lead to discriminatory practices by both health insurance companies and employers looking to avoid the costs of potential illness.

  • Domestic Violence in Insurance1

      Strength Of Policy 2007 Change From 2004
    ALABAMA Meets Policy  
    ALASKA Meets Policy  
    ARIZONA Meets Policy  
    ARKANSAS No/Harmful Policy  
    CALIFORNIA Meets Policy  
    COLORADO Meets Policy  
    CONNECTICUT Weak Policy  
    DELAWARE Meets Policy  
    DISTRICT OF COLUMBIA No/Harmful Policy  
    FLORIDA Meets Policy  
    GEORGIA Meets Policy  
    HAWAII Meets Policy  
    IDAHO No/Harmful Policy  
    ILLINOIS Limited Policy  
    INDIANA Limited Policy  
    IOWA Meets Policy  
    KANSAS Limited Policy  
    KENTUCKY Weak Policy  
    LOUISIANA Weak Policy  
    MAINE Limited Policy  
    MARYLAND Weak Policy  
    MASSACHUSETTS Meets Policy  
    MICHIGAN Weak Policy  
    MINNESOTA Weak Policy  
    MISSISSIPPI No/Harmful Policy  
    MISSOURI Meets Policy  
    MONTANA Meets Policy  
    NEBRASKA Meets Policy  
    NEVADA Weak Policy  
    NEW HAMPSHIRE Meets Policy  
    NEW JERSEY Weak Policy  
    NEW MEXICO Meets Policy  
    NEW YORK Meets Policy  
    NORTH CAROLINA No/Harmful Policy  
    NORTH DAKOTA Weak Policy  
    OHIO Weak Policy  
    OKLAHOMA No/Harmful Policy  
    OREGON Meets Policy  
    PENNSYLVANIA Meets Policy  
    RHODE ISLAND Weak Policy  
    SOUTH CAROLINA No/Harmful Policy  
    SOUTH DAKOTA No/Harmful Policy  
    TENNESSEE Weak Policy  
    TEXAS Weak Policy  
    UTAH Limited Policy  
    VERMONT No/Harmful Policy  
    VIRGINIA Meets Policy  
    WASHINGTON Meets Policy  
    WEST VIRGINIA Limited Policy  
    WISCONSIN Meets Policy  
    WYOMING No/Harmful Policy  
     
    Meets PolicyMeets Policy 22  
    Limited PolicyLimited Policy 6  
    Weak PolicyWeak Policy 13  
    No/Harmful PolicyNo/Harmful Policy 10  
    Better Better 0  
    Worse Worse 0  
    Same Same 0  
    • 1. More current data for this indicator are not available, and the 2007 Report Card therefore uses the data from the 2004 Report Card.

    Does the state have a statute prohibiting discrimination against domestic violence victims in all types of private insurance?

    Although federal law offers some protection against discrimination, several states offer more comprehensive protection by enacting laws that prohibit discrimination against domestic violence victims.  States that prohibit discrimination in all four lines of insurance receive a "meets policy."  States that do so in three lines of insurance receive a "limited policy," while states that cover only one or two lines receive a "weak policy."  States with no protections receive a "no policy."
     

    Data Source: Domestic Violence Anti-Discrimination in Insurance, 2002.

    Women's Law Project and the Pennsylvania Coalition Against Domestic Violence, "Insurance Discrimination Against Victims of Domestic Violence," September 2002.

  • Sexual Orientation in Employment

      Strength Of Policy 2007 Change From 2004
    ALABAMA No/Harmful Policy Same
    ALASKA Limited Policy Same
    ARIZONA Limited Policy Same
    ARKANSAS No/Harmful Policy Same
    CALIFORNIA Meets Policy Same
    COLORADO (1) Meets Policy Better
    CONNECTICUT Meets Policy Same
    DELAWARE Limited Policy Same
    DISTRICT OF COLUMBIA Meets Policy Same
    FLORIDA No/Harmful Policy Same
    GEORGIA No/Harmful Policy Same
    HAWAII Meets Policy Same
    IDAHO No/Harmful Policy Same
    ILLINOIS Meets Policy Better
    INDIANA Limited Policy Same
    IOWA Meets Policy Better
    KANSAS No/Harmful Policy Same
    KENTUCKY No/Harmful Policy Worse
    LOUISIANA Limited Policy Better
    MAINE Meets Policy Better
    MARYLAND Meets Policy Same
    MASSACHUSETTS Meets Policy Same
    MICHIGAN Limited Policy Same
    MINNESOTA Meets Policy Same
    MISSISSIPPI No/Harmful Policy Same
    MISSOURI No/Harmful Policy Same
    MONTANA Limited Policy Same
    NEBRASKA No/Harmful Policy Same
    NEVADA Meets Policy Same
    NEW HAMPSHIRE Meets Policy Same
    NEW JERSEY Meets Policy Same
    NEW MEXICO Meets Policy Same
    NEW YORK Meets Policy Same
    NORTH CAROLINA No/Harmful Policy Same
    NORTH DAKOTA No/Harmful Policy Same
    OHIO No/Harmful Policy Same
    OKLAHOMA No/Harmful Policy Same
    OREGON (2) Meets Policy Better
    PENNSYLVANIA Limited Policy Same
    RHODE ISLAND Meets Policy Same
    SOUTH CAROLINA No/Harmful Policy Same
    SOUTH DAKOTA No/Harmful Policy Same
    TENNESSEE No/Harmful Policy Same
    TEXAS No/Harmful Policy Same
    UTAH No/Harmful Policy Same
    VERMONT Meets Policy Same
    VIRGINIA Limited Policy Better
    WASHINGTON Meets Policy Better
    WEST VIRGINIA No/Harmful Policy Same
    WISCONSIN Meets Policy Same
    WYOMING No/Harmful Policy Same
     
    Meets PolicyMeets Policy 21  
    Limited PolicyLimited Policy 9  
    Weak PolicyWeak Policy 0  
    No/Harmful PolicyNo/Harmful Policy 21  
    Better Better 8  
    Worse Worse 1  
    Same Same 42  
    • 1. Colorado has passed legislation that will go into effect in 2008. It is graded according to the provisions of this new legislation.
    • 2. Oregon has passed legislation that will go into effect in 2008. It is graded according to the provisions of this new legislation.

    Does the state prohibit employment discrimination based on sexual orientation?

    States receive a "meets policy" if they provide comprehensive protection by prohibiting employment discrimination based on sexual orientation in both public and private employment.  States receive a "limited policy" if they prohibit discrimination against public employees.  States with no laws prohibiting discrimination receive a "no policy."
     

    Data Source: Sexual Orientation Anti-Discrimination in Employment, 2006/2007.

    Human Rights Campaign, "Laws and Policies Affecting State Employees," May 2006, available at http://www.hrc.org/documents/StateEmployees20060509.pdf and "Statewide Employment Laws & Policies," May 31, 2007, available at  http://www.hrc.org/documents/Employment_laws_
    with_legislation.pdf
    .

  • Genetic

      Strength Of Policy 2007 Change From 2004
    ALABAMA Limited Policy Same
    ALASKA Limited Policy Better
    ARIZONA Meets Policy Same
    ARKANSAS Meets Policy Same
    CALIFORNIA Meets Policy Same
    COLORADO Limited Policy Same
    CONNECTICUT Meets Policy Same
    DELAWARE Meets Policy Same
    DISTRICT OF COLUMBIA Limited Policy Better
    FLORIDA Limited Policy Worse
    GEORGIA Limited Policy Same
    HAWAII Meets Policy Better
    IDAHO Meets Policy Better
    ILLINOIS Meets Policy Same
    INDIANA Limited Policy Same
    IOWA Meets Policy Better
    KANSAS Meets Policy Same
    KENTUCKY Limited Policy Same
    LOUISIANA Meets Policy Better
    MAINE Meets Policy Same
    MARYLAND Meets Policy Same
    MASSACHUSETTS Meets Policy Same
    MICHIGAN Meets Policy Same
    MINNESOTA Meets Policy Same
    MISSISSIPPI No/Harmful Policy Same
    MISSOURI Meets Policy Same
    MONTANA Limited Policy Same
    NEBRASKA Meets Policy Same
    NEVADA Meets Policy Same
    NEW HAMPSHIRE Meets Policy Same
    NEW JERSEY Meets Policy Same
    NEW MEXICO Meets Policy Better
    NEW YORK Meets Policy Same
    NORTH CAROLINA Meets Policy Same
    NORTH DAKOTA No/Harmful Policy Same
    OHIO Limited Policy Same
    OKLAHOMA Meets Policy Same
    OREGON Meets Policy Same
    PENNSYLVANIA No/Harmful Policy Same
    RHODE ISLAND Meets Policy Same
    SOUTH CAROLINA Limited Policy Same
    SOUTH DAKOTA Meets Policy Better
    TENNESSEE Limited Policy Same
    TEXAS Meets Policy Same
    UTAH Meets Policy Same
    VERMONT Meets Policy Same
    VIRGINIA Meets Policy Same
    WASHINGTON Limited Policy Better
    WEST VIRGINIA Limited Policy Better
    WISCONSIN Meets Policy Same
    WYOMING Limited Policy Better
     
    Meets PolicyMeets Policy 33  
    Limited PolicyLimited Policy 15  
    Weak PolicyWeak Policy 0  
    No/Harmful PolicyNo/Harmful Policy 3  
    Better Better 11  
    Worse Worse 1  
    Same Same 39  

    Does state law prohibit employment and health insurance discrimination based on genetic information?

    States receive a "meets policy" if they prohibit discrimination based on genetic information in both health insurance and employment. States receive a "limited policy" if they prohibit such discrimination in either health insurance or employment. States with no genetic anti-discrimination laws receive a "no policy."
     

    Data Source: Genetic Anti-Discrimination, 2005.

    National Conference of State Legislatures, "Genetics and Health Insurance State Anti-Discrimination Laws," June 2005, available at http://www.ncsl.org/programs/health/genetics/ndishlth.htm, accessed January 18, 2007; National Conference of State Legislatures, "State Genetic Employment Laws," November 2006, available at http://www.ncsl.org/programs/health/genetics/ndiscrim.htm, accessed January 18, 2007.
     

1. Studies in 1994 and 1995 indicated that approximately one out of four insurance companies engaged in these practices, and one study (in Pennsylvania) reported that 74% of life insurers and 65% of health insurers used domestic violence as a criterion in review of new applications.  Terry Fromson and Nancy Durburow, Insurance Discrimination Against Victims of Domestic Violence (Harrisburg: Pennsylvania Coalition Against Domestic Violence Publications, 1998), 2 (updated with unpublished data from Terry Fromson, Women's Law Project, June 2001).

2. Terry Fromson and Nancy Durburow, Insurance Discrimination Against Victims of Domestic Violence (Harrisburg: Pennsylvania Coalition Against Domestic Violence Publications, 1998), 3-4 (updated with unpublished data from Terry Fromson, Women’s Law Project, June 2001).

3. The Health Insurance Portability and Accountability Act, 26 U.S.C. § 9801; 29 U.S.C. § 1181, 42 U.S.C. § 300gg.

4. Executive Order 13,145 (February 8, 2000).