In recent years, the landscape of workplace discrimination laws has evolved significantly to provide greater protection for LGBTQ+ employees. As societal awareness and acceptance of LGBTQ+ rights continue to grow, so do the legal frameworks aimed at protecting these individuals from discrimination. However, the extent and nature of these protections vary from state to state. Understanding which states have robust discrimination laws to protect LGBTQ+ employees is important for both employers and employees.
Continue reading for more information about state protections, but if you find yourself in the midst of a discrimination case, it’s important to consult with a lawyer who specializes in employment law for your specific state.
Brandon J. Broderick, Attorney at Law provides legal expertise in workers compensation cases, as well as Employment Law in multiple states. Contact us for more information about how we can help you.
Federal Protections for LGBTQ+ Employees
Before diving into state-specific laws, it's important to acknowledge the federal protections in place for LGBTQ+ employees. In a landmark decision in June 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, also applies to discrimination based on sexual orientation and gender identity. This ruling ensures that LGBTQ+ employees are protected from workplace discrimination under federal law.
States with Comprehensive Protections for LGBTQ+ Employees
1. California
California is known for its progressive stance on LGBTQ+ rights. The state has comprehensive laws prohibiting discrimination based on sexual orientation, gender identity, and gender expression. California’s Fair Employment and Housing Act (FEHA) explicitly protects LGBTQ+ employees in all workplaces with five or more employees. Additionally, California's Department of Fair Employment and Housing (DFEH) provides resources and support for individuals facing discrimination.
2. New York
New York's Human Rights Law is one of the most comprehensive in the nation. It prohibits discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations. The New York State Division of Human Rights (NYSDHR) enforces these protections and provides a platform for filing complaints.
3. Washington
Washington State has been at the forefront of LGBTQ+ rights for many years. The Washington Law Against Discrimination (WLAD) protects individuals from discrimination based on sexual orientation and gender identity in employment and other areas. The Washington State Human Rights Commission (WSHRC) oversees the enforcement of these laws.
4. Oregon
Oregon’s Equality Act protects LGBTQ+ individuals from discrimination in employment, housing, and public accommodations. The Oregon Bureau of Labor and Industries (BOLI) is responsible for enforcing these protections.
5. Illinois
The Illinois Human Rights Act prohibits discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations. The Illinois Department of Human Rights (IDHR) provides resources and support for those facing discrimination.
States with Partial Protections
1. Colorado
Colorado has made significant strides in protecting LGBTQ+ employees. The Colorado Anti-Discrimination Act (CADA) includes provisions that prohibit discrimination based on sexual orientation and gender identity, which is overseen by the Colorado Civil Rights Division (CCRD)
2. Nevada
Nevada’s anti-discrimination laws include protections for LGBTQ+ employees, enforced by the Nevada Equal Rights Commission (NERC), which also provides resources for those experiencing discrimination.
3. New Jersey
New Jersey’s Law Against Discrimination (LAD) protects individuals from discrimination based on sexual orientation and gender identity. These laws are enforced by the New Jersey Division on Civil Rights (DCR).
States with Limited or No Protections
While many states have robust protections in place, some states still lack comprehensive anti-discrimination laws for LGBTQ+ employees. In these states, federal protections provided by the Bostock ruling are the primary safeguard against workplace discrimination. States such as Alabama, Georgia, and South Carolina do not have explicit state laws protecting LGBTQ+ employees from discrimination. For a detailed overview of state-specific protections, the Human Rights Campaign (HRC) provides an excellent resource. For a map about LGBTQ+ rights, click here.
If You Have Experienced Workplace Discrimination, Call Us
As the legal landscape continues to evolve, it is imperative for employers to stay informed about the protections available to LGBTQ+ employees in their states. Understanding these laws not only helps in fostering a more inclusive and equitable workplace but also ensures compliance with state and federal regulations. For LGBTQ+ employees, being aware of the legal protections in place can empower them to advocate for their rights and seek redress if they experience discrimination.
At Brandon J. Broderick, Attorney at Law, we specialize in personal injury, employment law, and workers' compensation. If you have experienced workplace discrimination based on your sexual orientation or gender identity, or if you are an employer seeking guidance on compliance with anti-discrimination laws, our firm is here to help. Contact us today for a consultation.