LGBTQ Discrimination Laws: State-by-State Guide
Key Takeaways
Federal discrimination laws do not explicitly include protections for sexual orientation or gender expression. Some federal laws, such as Title VII, have been interpreted this type of discrimination as a form of discrimination based on sex. However, other areas such as education and fair housing laws are less clear. As a result, many states have expanded their discrimination laws to include protection against LGBTQ discrimination.
Civil rights laws protect people from discrimination in everyday life, but the exact protections you have depend on federal law and the state you live in. In this article, we explain the legal foundation provided by the U.S. Constitution and federal laws, how states have expanded on these protections, and where those protections are available.
If you believe your rights have been violated, a civil rights attorney can help you understand your rights and what you can do to protect them.
Legal Foundation: Federal Anti-Discrimination Laws
The equal protection clause of the Fourteenth Amendment requires states to treat similarly situated individuals alike. This constitutional protection forms the basis for civil rights protections.
Federal anti-discrimination laws prohibit adverse actions based on protected characteristics, such as:
- Race
- Religion
- National origin
- Disability
- Age
- Sex/gender
The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) prohibits sex discrimination in rentals, house sales, or financing. Title IX of the Education Amendments of 1972 bans sex discrimination in education programs that get federal funding.
Do Federal Discrimination Laws Cover LGBTQ Discrimination?
Federal non-discrimination laws do not expressly list sexual orientation and gender identity as protected classes for discrimination in employment, housing, and public accommodations. However, some federal anti-discrimination laws have been interpreted to protect members of the LGBTQ+ community from discrimination.
For example, Title VII of the Civil Rights Act of 1964 of 1964 bans employment discrimination on the basis of sex. In Bostock v. Clayton County (2020), the U.S. Supreme Court held that sex discrimination in employment includes discrimination based on sexual orientation and gender identity.
The Role of Executive Orders
Executive orders can play a role by directing federal agencies and contractors on how they should interpret existing discrimination laws. However, this can also lead to inconsistencies. For example:
State Law Protections
Federal law sets the “floor” for discrimination protections. State laws must provide at least the same protection to their residents as the federal government. However, they can also go above and beyond the federal protections. Many states have done this by adding sexual orientation and gender identity to the protected classes in their discrimination laws. Individuals in these states who suffer discrimination in employment, housing, and public accommodations may file a complaint or civil suit.
States will also often expand protections to cover additional parties. For example, federal employment discrimination law under Title VII applies to employers with 15 or more employees. But California’s employment discrimination law applies to businesses with five or more employees. Illinois applies its anti-discrimination law to all employers (although some damage awards may require 15+ employees). In fact, most state anti-discrimination laws apply to all employers, regardless of size. This is one key way state laws offer stronger protection than federal law.
The following states (shown in dark blue on the map above) have passed laws providing explicit protections against discrimination based on sexual orientation and gender identity:
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Hawaii
- Illinois
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- Oregon
- Rhode Island
- Utah
- Vermont
- Virginia
- Washington
Iowa and Wisconsin prohibit discrimination based on sexual orientation, but they do not explicitly protect against unfair treatment based on gender identity. This means that people who identify as transgender or non-binary may have a harder time making a legal claim for discrimination.
The remaining states (shown in light blue on the map) have no explicit protections for those in the LGBTQ+ community. People who live in these states must rely on federal protections instead.
Which States Have LGBTQ+ Protections?
The following states have passed laws that explicitly prohibit discrimination based on sexual orientation and gender identity. Use this table to see which areas of life are protected in your state. You can also click on the state name to learn more about your state’s specific laws and how to file a complaint.
| State | Employment | Housing | Public Accommodations | Education | Credit/Other Services |
|---|---|---|---|---|---|
| California | ✓ | ✓ | ✓ | ✓ | ✓ |
| Colorado | ✓ | ✓ | ✓ | — | — |
| Connecticut | ✓ | ✓ | ✓ | — | ✓ |
| Delaware | ✓ | ✓ | ✓ | — | — |
| District of Columbia | ✓ | ✓ | ✓ | ✓ | — |
| Hawaii | ✓ | ✓ | ✓ | — | — |
| Illinois | ✓ | ✓ | ✓ | — | ✓ |
| Iowa* | ✓ | ✓ | ✓ | — | — |
| Maine | ✓ | ✓ | ✓ | — | — |
| Maryland | ✓ | ✓ | ✓ | — | — |
| Massachusetts | ✓ | ✓ | ✓ | — | — |
| Michigan | ✓ | ✓ | ✓ | — | — |
| Minnesota | ✓ | ✓ | ✓ | — | — |
| Nevada | ✓ | ✓ | ✓ | — | — |
| New Hampshire | ✓ | ✓ | ✓ | — | — |
| New Jersey | ✓ | ✓ | ✓ | — | ✓ |
| New Mexico | ✓ | ✓ | ✓ | — | — |
| New York | ✓ | ✓ | ✓ | — | — |
| Oregon | ✓ | ✓ | ✓ | — | — |
| Rhode Island | ✓ | ✓ | ✓ | — | — |
| Utah | ✓ | ✓ | Limited | — | — |
| Vermont | ✓ | ✓ | ✓ | — | — |
| Virginia | ✓ | ✓ | ✓ | — | — |
| Washington | ✓ | ✓ | ✓ | — | — |
| Wisconsin* | ✓ | ✓ | ✓ | — | — |
*Iowa and Wisconsin prohibit discrimination based on sexual orientation but do not explicitly protect gender identity. Transgender and non-binary people in these states may have a harder time proving discrimination claims.
If your state isn’t listed, you may still have protections under federal law or local city/county ordinances.
What Can I Do If I’m Discriminated Against?
If you live in a state with anti-discrimination laws based on sexual orientation or gender identity and suffer discrimination in employment, housing, or public areas, you have legal options.
First, you’ll usually file a complaint with your state civil rights enforcement agency. For example, in New York, you would file a complaint with the Division of Human Rights. The agency will conduct an investigation, which may take several months.
Check with your local agency for reporting deadlines. Reporting violations helps create a record that discrimination occurred, which may be required for civil lawsuits.
Administrative Remedies
After an administrative hearing, you may get an immediate remedy such as a settlement, job or housing reinstatement, front and back pay, and policy changes.
Civil Lawsuits
You may also have a cause of action in a civil lawsuit. For example, after filing a complaint with the state civil rights department for employment discrimination, you may receive a “right to sue” letter which allows you to proceed with a private discrimination lawsuit against an employer. In addition to damages such as lost wages, the plaintiff may be entitled to recover attorneys’ fees.
Injunctive Relief
If the discrimination is in a public accommodation, injunctive relief may be appropriate. For example, if a restaurant refuses service based on a customer’s sexual orientation or gender identity, a court will issue a cease and desist order to compel equal access.
Other Avenues
Even if your state law doesn’t apply, you may still have a claim under:
- Local ordinances in your city or county
- Other state laws, such as wrongful termination or breach of contract
- Constitutional law, such as equal protection or due process claims
Many high-profile cases involving equal rights for the LGBTQ community are based on constitutional challenges, rather than state or federal discrimination laws (although sometimes they cite both).
For example, in Lawrence v. Texas (2003), the Supreme Court held that state laws criminalizing sexual contact between people of the same sex violated the Fourteenth Amendment’s due process clause. In Obergefell v. Hodges (2015), the Court found that state laws banning same-sex marriage violated the equal protection clause. State restrictions on access to bathrooms and locker rooms are often challenged under the equal protection clause.
An employment discrimination attorney can help you determine which laws apply to your situation.
Get Help with Discrimination Claims
State anti-discrimination laws differ from federal ones in that they apply to more employers, explicitly list sexual orientation and gender identity as protected classes in their statutes, and directly ban discrimination in public accommodations, which federal laws lack.
If you have experienced discrimination based on your sexual orientation or gender identity, you should speak to a civil rights attorney experienced in LGBTQ rights cases to learn more about your rights and available remedies.
Can I Solve This on My Own or Do I Need an Attorney?
- Most civil rights cases need the help of an attorney
- Complex civil rights cases (such as employment discrimination, racial segregation, or discrimination based on gender) need the support of a lawyer
An attorney can help you enforce your civil rights and other constitutional rights. Many offer free consultations and can offer tailored advice during your court case.
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