Many states currently regulate employment discrimination based on sexual orientation, but the extent of that regulation varies by jurisdiction. Some states prohibit a bias in hiring, promotion, firing, and compensation based on an employee’s sexual orientation. With recent legislation, many states are also working towards extending protection to cover gender identity. To get more information about federal laws protecting you from sexual orientation or gender identity discrimination see our main Sexual Orientation Discrimination and Gender Identity Discrimination pages. Also visit our Attorney Listing to find a local attorney who can answer your questions. Click on your state below to find out about your state's laws.
Alabama
Alabama does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Alaska
Alaska does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Arizona
Arizona does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Arkansas
Arkansas does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
California
California has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors. The California Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment due to sexual orientation in employment. An employer must have 5 employees to be covered by state law.
The FEHA also makes it illegal for an employer to retaliate against an employee for protesting illegal discrimination related to sexual orientation discrimination.
*Provisions in the California Government Code and FEHA offer similar employee protections to individuals of other protected classes, including those suffering from gender identity discrimination at work.
Colorado
Senate Bill 25 – the Employment Nondiscrimination Act – protects against both sexual orientation and gender identity discrimination in both the public and private sectors in Colorado. Under Colorado Law, it is unlawful to consider sexual orientation or gender identity when making employment-related decisions, including hiring, firing, or inquiries about an employee’s sexual orientation or gender identity.
The law applies to all employers, employment agencies, labor organizations, on-the-job training, and vocational training programs and schools — regardless of size. There is no minimum employee requirement to file
Complaints must be filed within 6 months of the last date of the alleged discriminatory action. To learn more about employment protections in Colorado, or to file a complaint visit the Colorado web portal.
Connecticut
The Connecticut Act Concerning Discrimination bars discrimination against both sexual orientation and gender identity discrimination in both the public and private sectors. An employer must have 3 employees to be covered by the state law.
Delaware
The Delaware Discrimination in Employment Act (DDEA) protects individuals against employment discrimination on the basis of sexual orientation and gender identity. It applies to employers with 4 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations.
It is unlawful to discriminate against any employee or applicant for employment because of his/her sexual orientation (heterosexuality, homosexuality, or bisexuality) in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment.
District of Columbia
The District of Columbia has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors. The D.C. Human Rights Act prohibits termination, suspension, demotion, failure to hire, and harassment of individuals based on their sexual orientation and gender identity. There is no employee minimum to file a claim under state law.
Florida
Florida does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Georgia
Georgia does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Hawaii
Hawaii law §378-2 explicitly prohibits discrimination based on both sexual orientation and gender identity or expression in employment. The law does not provide for a minimum employee requirement to file a claim.
The discrimination protections for sexual orientation in employment were added in 1991. In 2005 protections were extended to housing and in 2006 to public accommodations, both for sexual orientation and gender identity or expression. In 2011, a bill extended gender identity or expression. In 2011, gender identity or expression protections were extended to employment.Idaho
Idaho does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Illinois
The Illinois Human Rights Acts protects against both sexual orientation and gender identity discrimination in both the public and private sectors. An employer must have 15 employees to be covered by the state law.
To learn more about the requirements of the Illinois Human Rights Act or to file an employment discrimination complaint, visit the Illinois Department of Human Rights website.
Indiana
Indiana does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
* An April 2017 ruling from the 7th Circuit Court of Appeals found that discrimination based on sexual orientation is outlawed under a federal law prohibiting “sex discrimination.” The ruling applies to public employers.
Iowa
Iowa Code § 216.6 and § 216.6A protect against both sexual orientation and gender identity discrimination in both the public and private sectors. An employer must have 4 employees to be covered by the state law.
Kansas
Kansas no longer has a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Between 2007 and 2015, Kansas prohibited discrimination on the basis of sexual orientation or gender identity for state employees, but that order was rescinded on February 10, 2015.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Kentucky
Kentucky does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Louisiana
As of November 1, 2017, Louisiana no longer has a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Maine
Maine’s Human Rights Actprohibits discrimination on the basis of sex (including “gender identity or expression” in the definition of sexual orientation). The Act covers all public and private employers in the state.
In addition to prohibiting employment discrimination, the Act prohibits employers from working with an employment agency that the employer knows or has reason to know discriminates. Similarly, employment agencies are prohibited from carrying out an employer’s discriminatory preferences. There is no employee minimum under state law, but if there are fewer than 15 employees, damages you can recover may be limited.
Maryland
The Fairness for All Marylanders Act of 2014 protects employees against both sexual orientation and gender identity discrimination in both the public and private sectors. Maryland employment anti-discrimination law applies only to employers with 15 or more employees.
Massachusetts
Massachusetts has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors. The Fair Employment Practices Law guarantees that no person shall suffer discrimination in the terms, conditions, or privileges of his or her employment because of his or her protected class status, unless based upon a bona fide occupational qualification. An employer must have 6 employees to be covered by the state law.
Michigan
Michigan’s Elliot-Larsen Civil Rights Act prohibits employment discrimination on the basis of “sex.” However the implications of this were rather ambiguous until 2018 when the Michigan Civil Rights Commission declared that sexual orientation and gender identity discrimination are a form of sex discrimination. This means that the existing sex protections now include both sexual orientation and gender identity.
Minnesota
The Minnesota Human Rights Act (MHRA) protects against both sexual orientation and gender identity discrimination in both the public and private sectors. There is no employee minimum to file a claim under state law.
Mississippi
Mississippi does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Missouri
Missouri does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Currently, a 2010 executive order only prohibits discrimination in public employment based on sexual orientation. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Montana
Montana does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. However, currently, there is a 2016 executive order that prohibits discrimination on the basis of sexual orientation and gender identity for state employees, as well state contractors and subcontractors.
Please check back as new legislation develops or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Nebraska
Nebraska does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Nevada
Nevada has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors. The law applies to employers with 15 or more employees, including state and local governments, to employment and temporary staffing agencies, and to labor organizations.
New Hampshire
New Hampshire has statutes that protect against both sexual orientation (1997) and gender identity (2018) discrimination in both the public and private sectors. There are no state laws prohibiting discrimination based on gender identity. An employer must have 6 employees to be covered by the state law.
New Jersey
The New Jersey Law Against Discrimination (LAD). N.J.S.A. 10:5-1, et seq., protects against both sexual orientation and gender identity discrimination in both the public and private sectors. There is no employee minimum to file a claim under state law.
New Mexico
New Mexico’s Act Relating to Human Rights (NM Stat. Sec. 28-1-7 et seq.) protects against both sexual orientation and gender identity discrimination in both the public and private sectors. The Act applies to employers with four or more employees, except that discrimination based on sexual orientation or gender identity applies to employers with 15 or more employees.
New York
NewYork has statutes that protect against both sexual orientation (2002) and gender identity (2019) discrimination in both the public and private sectors. This means that New York’s Human Rights Law extends its employment discrimination protections to transgender and non-gender conforming individuals..
North Carolina
North Carolina has a regulation that prohibits discrimination based on both sexual and gender identity; however, the regulation is only applicable to the public sector, and it is against state law to sue in state court for such discrimination. Discrimination on the grounds of sexual orientation and gender identity are not prohibited statewide in private employment. A year after it’s passing, North Carolina repealed its HB2 legislation, which imposed substantial limitation and restriction to sexual orientation and gender identity discrimination protection. HB2 was replaced with HB142, which provided no guidance regarding employment discrimination for the aforementioned classes; therefore, in the absence of a statewide discrimination law, protection is only provided on the basis of federal law.
Under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
North Dakota
North Dakota does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Ohio
Ohio does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Oklahoma
Oklahoma does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Oregon
Oregon has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors. There is no employee minimum to file a claim under state law.
While Oregon has many explicit protections at the state level against sexual orientation discrimination, it forbids political subdivisions from passing or enforcing additional enactments that grant rights or single out individuals on the basis of sexual orientation, including gender identity.
Pennsylvania
Pennsylvania Human Relations Commission declared in 2018 that existing sex protections should explicitly be interpreted to include both sexual orientation and gender identity.
Rhode Island
Rhode Island has several statutes that provide protection against both sexual orientation and gender identity discrimination in both the public and private sectors. In Rhode Island, companies with four or more employees are subject to the state's antidiscrimination law.
South Carolina
South Carolina does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
South Dakota
South Dakota does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Tennessee
Tennessee does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Texas
Texas does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Utah
Utah has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors. An employer must have 15 employees to be covered by the state law.
Vermont
Vermont has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors. There is no employee minimum to file a claim under state law.
Virginia
Virginia has a regulation that prohibits discrimination based on both sexual and gender identity; however, the regulation is only applicable to the public sector.
Washington
Washington has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors. An employer must have 8 employees to be covered by the state law.
West Virginia
West Virginia does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Wisconsin
Wisconsin only provides employees protection against sexual orientation in both the public and private sectors. There is no employee minimum to file a claim under state law.
Wyoming
Wyoming does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.