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Employment Nondiscrimination

A June 2020 Supreme Court ruling affirmed that LGBTQ people across the country are protected by federal law against discrimination in the workplace. A growing number of states and localities also have such protections, and these state and local laws remain important so that LGBTQ people are protected against discrimination at every level of government. These state and local laws also often include protections against discrimination beyond employment, such as ihousing and public places

State employment nondiscrimination laws protect LGBTQ people from being unfairly fired, not hired, or discriminated against in the workplace by private employers on the basis of sexual orientation or gender identity. This map shows state nondiscrimination laws that explicitly enumerate sexual orientation and/or gender identity as protected classes, as well as states that explicitly interpret existing sex protections to include sexual orientation and/or gender identity. 
United States Map
As a result of a June 2020 U.S. Supreme Court ruling, people in all states can seek recourse for employment discrimination based sexual orientation and gender identity through the federal Equal Employment Opportunity Commission and federal courts.
  • State law explicitly prohibits discrimination based on sexual orientation and gender identity (22 states , 3 territories + D.C.)
  • State explicitly interprets existing prohibition on sex discrimination to include sexual orientation and/or gender identity (10 states)
  • State law explicitly prohibits discrimination based on sexual orientation only (2 states)
  • No explicit prohibitions for discrimination based on sexual orientation or gender identity in state law (16 states, 2 territories)
  • Notes: 
    Nearly all states prohibit employment discrimination on the basis of sex (with the exceptions of Alabama, Georgia, and Mississippi). The Supreme Court's June 2020 decision in Bostock affirmed that sex-based discrimination includes discrimination based on sexual orientation and gender identity. However, states with sex-based protections are only included in the above map if the state government or agency has explicitly affirmed they interpret the state's ban on sex discrimination to also apply to discrimination based on sexual orientation and gender identity (as per the logic in the U.S. Supreme Court's June 2020 decision in Bostock). See the "State-by-State Statutes" document for more detail.

  • Missouri's Supreme Court held in February 2019 that, under Missouri law, it is illegal for employers to discriminate based on sex stereotypes. While the ruling held that discrimination based on sexual orientation is not a form of sex stereotyping, the decision does affirm the right of LGBTQ Missourians to (like all Missourians) bring charges of employment discrimination based on sex stereotyping.

    Individuals who have experienced discrimination should contact 
    Lambda Legal's Help Desk or otherwise seek legal advice. This map is not intended as legal advice.

    Recommended citation: 
    Movement Advancement Project. "Equality Maps: Employment Nondiscrimination Laws." 
    https://www.lgbtmap.org/equality_maps/employment_non_discrimination_laws. Accessed 04/27/2025.

Percent of Adult LGBTQ Population Covered by Laws

*Note: These percentages reflect estimates of the LGBTQ adult population living in the 50 states and the District of Columbia. Estimates of the LGBTQ adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.

49%

49 % of LGBTQ population lives in states prohibiting employment discrimination based on sexual orientation and gender identity

28%

28 % of LGBTQ population lives in states explicitly interpreting existing prohibition on sex discrimination to include sexual orientation and/or gender identity

3%

3 % of LGBTQ population lives in states prohibiting employment discrimination based on sexual orientation only

20%

20 % of LGBTQ population lives in states that do not prohibit employment discrimination based on sexual orientation or gender identity (including 2% of LGBTQ population living in states that preempt local nondiscrimination laws)

Data current as of 04/27/2025
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