Sexual Orientation in Employment
States can prohibit discrimination based on sexual orientation 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.
Under the new law, insurance companies, health care providers, and health programs that receive federal financial assistance of are run by the federal government itself cannot discriminate on the basis of race, national origin, age, disability, or sex. This protection applies broadly and nationwide.
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."
| State | Strength of Policy | Change from 2007 |
|---|---|---|
| Alabama | No Policy | Same |
| Alaska | No Policy | Worse |
| Arizona | Limited Policy | Same |
| Arkansas | No Policy | Same |
| California | Meets Policy | Same |
| Colorado | Meets Policy | Same |
| Connecticut | Meets Policy | Same |
| Delaware | Meets Policy | Better |
| District of Columbia | Meets Policy | Same |
| Florida | No Policy | Same |
| Georgia | No Policy | Same |
| Hawaii | Meets Policy | Same |
| Idaho | No Policy | Same |
| Illinois | Meets Policy | Same |
| Indiana | Limited Policy | Same |
| Iowa | Meets Policy | Same |
| Kansas | Limited Policy | Better |
| Kentucky | No Policy | Same |
| Louisiana | No Policy | Worse |
| Maine | Meets Policy | Same |
| Maryland | Meets Policy | Same |
| Massachusetts | Meets Policy | Same |
| Michigan | Limited Policy | Same |
| Minnesota | Meets Policy | Same |
| Mississippi | No Policy | Same |
| Missouri | No Policy | Same |
| Montana | Limited Policy | Same |
| Nebraska | No 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 Policy | Same |
| North Dakota | No Policy | Same |
| Ohio | Limited Policy | Better |
| Oklahoma | No Policy | Same |
| Oregon | Meets Policy | Same |
| Pennsylvania | Limited Policy | Same |
| Rhode Island | Meets Policy | Same |
| South Carolina | No Policy | Same |
| South Dakota | No Policy | Same |
| Tennessee | No Policy | Same |
| Texas | No Policy | Same |
| Utah | No Policy | Same |
| Vermont | Meets Policy | Same |
| Virginia | No Policy | Worse |
| Washington | Meets Policy | Same |
| West Virginia | No Policy | Same |
| Wisconsin | Meets Policy | Same |
| Wyoming | No Policy | Same |
Data Source: Human Rights Campaign, "Statewide Employment Laws & Policies," February 17, 2010, available at http://www.hrc.org/documents/Employment_Laws_and_Policies.pdf, accessed September 10, 2010.
