List of cities and counties in the United States offering an LGBT non-discrimination ordinance

Map of states, counties, and municipalities that have sexual orientation and gender identity discrimination prohibited in public and private employment via statute, executive order, regulation, and/or case law:
  Sexual orientation and gender identity discrimination prohibited in public and private employment via statute, executive order, regulation, and/or case law
  Sexual orientation discrimination prohibited in public and private employment via statute, executive order, regulation, and/or case law, while gender identity discrimination prohibited in public employment only via statute, executive order, regulation, and/or case law
  Gender identity discrimination prohibited in public and private employment via statute, executive order, regulation, and/or case law, while sexual orientation discrimination prohibited in public employment only via statute, executive order, regulation, and/or case law
  Sexual orientation discrimination prohibited in public and private employment via statute, executive order, regulation, and/or case law
  Gender identity discrimination prohibited in public and private employment via statute, executive order, regulation, and/or case law
  Sexual orientation and gender identity discrimination prohibited in public employment only via statute, executive order, regulation, and/or case law
  Sexual orientation discrimination prohibited in public employment only via statute, executive order, regulation, and/or case law
  Gender identity discrimination prohibited in public employment only via statute, executive order, regulation, and/or case law
  Sexual orientation and gender identity discrimination not prohibited in public and private employment via statute, executive order, regulation, and/or case law

A number of cities and counties in the United States have implemented non-discrimination laws for sexual orientation and/or gender identity. As of October 25, 2017, at least 400 cities and counties prohibit discrimination on the basis of sexual orientation and gender identity for both public and private employees.[1] Most but not all of these cities and counties are located in states that have a statewide non-discrimination law for sexual orientation and/or gender identity.

The following three jurisdictions of North Carolina, Tennessee and Arkansas have state laws strictly prohibiting local or county LGBT discrimination ordinances within in the absence of a comparable state discrimination law. The following jurisdictions have laws prohibiting discrimination on the basis of sexual orientation and gender identity in the absence of a comparable state law. Localities in bold are jurisdictions that prohibit discrimination in the public and private sector. Localities in italics are jurisdictions that prohibit discrimination in public employment only.

Localities that prohibit discrimination based on sexual orientation and/or gender identity (e.g. Miami), which are located in counties (in this case: Miami-Dade) that have also banned such discrimination, are mentioned. Note that while LGBT people in Fort Lauderdale, for example, are not fully protected in employment discrimination under city law, they are fully protected under county law, and as such cannot be discriminated against on the sole ground of their sexual orientation and/or gender identity.

Additionally, several circuit courts of appeals have ruled that discrimination on the basis of sexual orientation and/or gender identity is covered under Title VII of the Civil Rights Act. These are the First, the Second, the Sixth, the Seventh, the Ninth and the Eleventh circuit courts. Employment discrimination on the basis of sexual orientation is now banned in Indiana and, similarly, gender identity discrimination is banned in Alabama, Alaska, Arizona, Florida, Georgia, Idaho, Kentucky, Michigan, Montana, the Northern Mariana Islands, Ohio and Tennessee, despite none of these states possessing anti-discrimination legislation which include sexual orientation and/or gender identity.

Circuit Court of Appeals rulings

Sexual orientation

Hively v. Ivy Tech Community College

In 2013, Kim Hively filed a lawsuit against the Ivy Tech Community College of Indiana in South Bend, arguing that she was denied promotions and let go from her job because of her sexual orientation. The United States Court of Appeals for the Seventh Circuit heard oral arguments in the case in November 2016 with discussion focusing on the meaning of the word "sex" in Title VII of the Civil Rights Act, which bans workplace discrimination based on race, religion, national origin or sex. On April 4, 2017, the Court of Appeals ruled in a 8-3 vote that the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sexual orientation. Ivy Tech subsequently stated they would not appeal the ruling to the Supreme Court. This ruling creates a precedent for lower courts in Illinois, Indiana and Wisconsin to follow, meaning employment discrimination based on sexual orientation is now banned in these states (Illinois and Wisconsin already had laws prohibiting such discrimination).[2] Human Rights Campaign hailed the ruling, saying: "Today's ruling is a monumental victory for fairness in the workplace, and for the dignity of lesbian, gay and bisexual Americans who may live in fear of losing their job based on whom they love."[3]

Zarda v. Altitude Express, Inc.

On February 26, 2018, the United States Court of Appeals for the Second Circuit (covering Connecticut, New York and Vermont) ruled that Title VII of the Civil Rights Act of 1964 prohibits sexual orientation employment discrimination under the category of sex.[4][5] Donald Zarda, who worked for Altitude Express as a skydiving instructor in New York, is gay. To avoid any discomfort his female students might feel being strapped to an unfamiliar man, Zarda would often disclose he was gay. Before one particular jump with a female student, Zarda told her that he was gay. After the skydive, the student told her boyfriend that Zarda had inappropriately touched her and disclosed his sexual orientation to excuse his behavior. The woman's boyfriend told Zarda's boss, who fired Zarda shortly thereafter. Zarda denied touching the student inappropriately and believed that he was fired solely because of his reference to his sexual orientation. The Court ruled, 10-3, that: "Logically, because sexual orientation is a function of sex and sex is a protected characteristic under Title VII, it follows that sexual orientation is also protected."[6] Donald Zarda died in 2014 in a base jumping accident[7] and the case was continued by his family. The ruling did not focus on whether the merits of his case specifically, but whether sexual orientation was protected as a function of sex,[8] and in effect protected gay workers under the Civil Rights Act.[9][9] Prior to the ruling, in July 2017, the Justice Department under President Trump had unexpectedly interceded in the case, arguing in filed a friend of the court brief that Title VII of the 1964 Civil Rights Act did not explicitly cover sexual orientation discrimination in the workplace.[9][10] This stance put the DOJ at odds with the Equal Employment Opportunity Commission.[9]

Gender identity

Schwenk v. Hartford

On February 29, 2000, citing Title VII case law, the United States Court of Appeals for the Ninth Circuit, which covers Alaska, Arizona, California, Idaho, Guam, Hawaii, Montana, Nevada, the Northern Mariana Islands, Oregon and Washington, ruled in favor of a transgender woman's claim of sex discrimination under the Gender Motivated Violence Act based on the perception that she was a man who failed to act like one. The Court noted that "the initial approach" taken in earlier federal appellate Title VII cases, which had dismissed gender identity discrimination cases, "has been overruled by the language and logic of Price Waterhouse."[11][12][13]

Rosa v. Parks W. Bank & Trust Co

On June 9, 2000, the United States Court of Appeals for the First Circuit (covering Maine, Massachusetts, New Hampshire, Puerto Rico and Rhode Island) ruled that Lucas Rosa, a transgender woman, had been unlawfully discriminated against due to her gender identity. Rosa had sued the Park West Bank & Trust Co, alleging that the Bank had refused to provide her with a loan application because she did not come dressed in masculine attire and that the Bank's refusal amounted to sex discrimination under the Civil Rights Act. The Court agreed and ruled in Rosa's favor.[11][13][14]

Glenn v. Brumby

In December 2011, the United States Court of Appeals for the Eleventh Circuit (covering Alabama, Florida and Georgia) ruled that Vandy Beth Glenn, a transgender woman living in Georgia, had been unfairly terminated from her job at the Georgia Legislative Assembly due to her transgender status. Relying on Price Waterhouse v. Hopkins and other Title VII precedent, the Court concluded that the plaintiff was discriminated against based on her sex because she was transitioning from male to female. The Court stated that a person is considered transgender "precisely because of the perception that his or her behavior transgresses gender stereotypes." As a result, there is "congruence" between discriminating against transgender individuals and discrimination on the basis of "gender-based behavioral norms." "Because everyone is protected against discrimination based on sex stereotypes, such protections cannot be denied to transgender individuals", the Court ruled.[11]

EEOC v. R.G. & G.R. Harris Funeral Homes

On March 7, 2018, the United States Court of Appeals for the Sixth Circuit (covering Kentucky, Michigan, Ohio and Tennessee) ruled that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against transgender people. It also ruled that employers may not use the Religious Freedom Restoration Act to justify discrimination against LGBT people. Aimee Stephens, a transgender woman, began working for a funeral home and presented as male. In 2013, she told her boss that she had a gender identity disorder and planned to transition. She was promptly fired by her boss who said that "gender transition violat[es] God's commands because a person's sex is an immutable God-given fit."[15]

West Region

Pacific Division

Alaska

Statewide prohibition of discrimination on the basis of sexual orientation for public employees by executive order. While the state has not enacted any anti-discrimination legislation, discrimination in employment based on gender identity is banned in Alaska under the case of Schwenk v. Hartford.

American Samoa

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level.

California

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.

Guam

Prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by statute.[18]

Hawaii

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.

Northern Mariana Islands

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level. While the territory has not enacted any anti-discrimination legislation, discrimination in employment based on gender identity is banned in the Northern Mariana Islands under the case of Schwenk v. Hartford.

Oregon

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.

Washington

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.

Mountain Division

Arizona

Statewide prohibition of discrimination on the basis of sexual orientation for public employees by executive order. While the state has not enacted any anti-discrimination legislation, discrimination in employment based on gender identity is banned in Arizona under the case of Schwenk v. Hartford.

Colorado

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.[27]

Idaho

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level. While the state has not enacted any anti-discrimination legislation, discrimination in employment based on gender identity is banned in Idaho under the case of Schwenk v. Hartford.

Montana

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for public employees by executive order. While the state has not enacted any anti-discrimination legislation, discrimination in employment based on gender identity is banned in Montana under the case of Schwenk v. Hartford.

Nevada

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.

New Mexico

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.

Utah

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.

Wyoming

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level.

Midwest Region

West North Central Division

Iowa

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.

Kansas

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level.1

Minnesota

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.

Missouri

Statewide prohibition of discrimination on the basis of sexual orientation for public employees only by executive order.

Nebraska

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level.

North Dakota

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level.

South Dakota

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level.

East North Central Division

Illinois

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.

Indiana

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for public employees by executive order. While the state has not enacted any anti-discrimination legislation, discrimination in employment based on sexual orientation is banned in Indiana under the case of Hively v. Ivy Tech Community College.[2]

Michigan

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for state public employees by executive order. While the state has not explicitly enacted anti-discrimination legislation, discrimination in employment based on both sexual orientation and gender identity is interpreted by the Michigan Civil Rights Commission as being banned under the category of sex of the Elliott-Larsen Civil Rights Act.[76] The case of EEOC v. R.G. & G.R. Harris Funeral Homes has also established gender identity protections.[15]

Ohio

Statewide prohibition of discrimination on the basis of sexual orientation for public employees by executive order.2 While the state has not enacted any anti-discrimination legislation, discrimination in employment based on gender identity is banned in Ohio under the case of EEOC v. R.G. & G.R. Harris Funeral Homes.[15]

Wisconsin

Statewide prohibition of discrimination on the basis of sexual orientation for both public and private employees by state statute.

North-East Region

New England Division

Connecticut

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.

Maine

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.

Massachusetts

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.[128]

New Hampshire

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.[129]

Rhode Island

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.

Vermont

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.

Middle Atlantic Division

New Jersey

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.

New York

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute and state regulation.

Pennsylvania

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for state public employees by executive order. While the state has not explicitly enacted anti-discrimination legislation, discrimination in employment based on both sexual orientation and gender identity is interpreted by the Pennsylvania Human Relations Commission as being banned under the category of sex of the Pennsylvania Human Relations Act.[133]

South Region

West South Central Division

Arkansas

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level.5

Louisiana

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level.

Oklahoma

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level.

Texas

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level. However, in April 2018, a federal judge in Texas, specifically U.S. District Court for the Southern District of Texas, ruled that although a woman hadn't proven she had been discriminated against for being transgender by the company Phillips 66, if that had been proven, then the woman would have "had a case" under Title VII of the U.S. Civil Rights Act of 1964.[170][171] The judge, who had been appointed by President George H. W. Bush in 1992, cited other recent cases as shaping the final decision.[170]

East South Central Division

Alabama

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level. While the state has not enacted any anti-discrimination legislation, discrimination in employment based on gender identity is banned in Alabama under the case of Glenn v. Brumby.

Kentucky

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for public employees by executive order. While the state has not enacted any anti-discrimination legislation, discrimination in employment based on gender identity is banned in Kentucky under the case of EEOC v. R.G. & G.R. Harris Funeral Homes.[15]

Mississippi

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level.

Tennessee

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level.3 While the state has not enacted any anti-discrimination legislation, discrimination in employment based on gender identity is banned in Tennessee under the case of EEOC v. R.G. & G.R. Harris Funeral Homes.[15]

South Atlantic Division

Delaware

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.

District of Columbia

Prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by statute.

Florida

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level. While the state has not enacted any anti-discrimination legislation, discrimination in employment based on gender identity is banned in Florida under the case of Glenn v. Brumby.

Georgia

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level. While the state has not enacted any anti-discrimination legislation, discrimination in employment based on gender identity is banned in Georgia under the case of Glenn v. Brumby.

Maryland

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by state statute.

North Carolina

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for public employees only by executive order.4

Puerto Rico

Prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees by statute.

South Carolina

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level.

United States Virgin Islands

There is no legal prohibition of discrimination on the basis of sexual orientation and gender identity for both public and private employees on a statewide level.

Virginia

Statewide prohibition of discrimination on the basis of sexual orientation and gender identity for public employees only by executive order.

West Virginia

Notes

  • 1 Statewide executive order against employment discrimination on the basis of both sexual orientation and gender identity were allowed to expire in February 2015 under Governor Sam Brownback.
  • 2 Statewide executive order against employment discrimination on the basis of just gender identity were allowed to expire in January 2011 under Governor John Kasich.
  • 3 The Tennessee Equal Access to Intrastate Commerce Act blocks any local unit of government from barring discrimination on any basis not already covered by state law to private businesses.
  • 4 The North Carolina Public Facilities Privacy & Security Act blocks any local unit of government from barring discrimination on any basis not already covered by state law to private businesses.
  • 5 The Arkansas Intrastate Commerce Improvement Act blocks any local unit of government from barring discrimination on any basis not already covered by state law to private businesses.

References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 "Cities and Counties with Non-Discrimination Ordinances that Include Gender Identity". Human Rights Campaign. Retrieved May 25, 2013.
  2. 1 2 Briscoe, Tony (April 4, 2017). "Court: Civil Rights Act covers LGBT workplace bias". Chicago Tribune.
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  11. 1 2 3 Examples of Court Decisions Supporting Coverage of LGBT-Related Discrimination Under Title VII
  12. ↑ SCHWENK v. HARTFORD
  13. 1 2 EEOC's Inclusion of Sexual Orientation and Gender Identity Under Title VII's Prohibition of Sex Discrimination and Possible Implications for Private Employers
  14. ↑ United States Court of Appeals,First Circuit.
  15. 1 2 3 4 5 "Businesses Can't Fire Trans Employees for Religious Reasons, Federal Appeals Court Rules in Landmark Decision". Slate. March 7, 2018.
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  177. ↑ ARTICLE X. - NON-DISCRIMINATION POLICIES It shall be the general policy of the city to prohibit discrimination on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, veteran status, age or disability
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  231. ↑ South Carolina City Adopts Non-discrimination Ordinance
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  234. 1 2 Beck, Erin (April 17, 2016). "West Virginia now has 9 cities with LGBT-inclusive nondiscrimination ordinances". Charleston Gazette-Mail.
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  237. ↑ Ordinance 254
  238. ↑ Lewisburg council unanimously approves human rights ordinance
  239. ↑ Martinsburg adds LGBT protection to ordinance
  240. ↑ Martinsburg adopts non-discrimination ordinance
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  243. ↑ "Wheeling, WV council passes anti-discrimination LGBT ordinance". State Journal. December 21, 2016.
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