Are LGBT Workers Protected from Discrimination? It’s Complicated

For many people, it it’s shocking to learn that nearly half of LGBT adults live in states lacking laws explicitly prohibiting discrimination at work based on sexual orientation and/or gender identity. Further, most people believe that there is a federal law explicitly prohibiting anti-LGBT discrimination. (Hint: there’s not).

Last week, the ACLU filed a response before the U.S. Supreme Court in a case in which Aimee Stephens, a transgender woman, was fired when she came out to her employer and informed them that she planned to start dressing in appropriate business attire for a woman.

Today, MAP, the ACLU and Lambda Legal released a new report that outlines the complicated patchwork of employment nondiscrimination protections for LGBT people. Are LGBT Workers Protected from Discrimination? Unravelling the Patchwork of Federal, State, and Local Employment Protections examines federal, state and local laws and court rulings that offer protections to LGBT workers and highlights the gaps that leave LGBT workers vulnerable to discrimination because laws don’t explicitly include the terms “sexual orientation” or “gender identity,” and courts have not interpreted sex discrimination provisions correctly.

  • Federal protections: A growing number of federal courts and the Equal Employment Opportunity Commission (EEOC) have concluded that when a person is discriminated against because of their sexual orientation or gender identity, such discrimination is inherently differential treatment based on the individual’s sex and illegal under federal laws’ prohibitions on sex discrimination.
  • State laws: Only 20 states and the District of Columbia have state statutes that explicitly prohibit discrimination in employment based on sexual orientation and gender identity, while two states have statutes that explicitly prohibit discrimination based on sexual orientation but not gender identity.
  • Local progress: Because of a lack of progress at the federal and state levels, some cities and counties are acting to protect their residents. Since the first local nondiscrimination ordinance was passed in 1974, hundreds of cities and counties have passed local nondiscrimination ordinances to protect LGBT workers from discrimination. These local ordinances currently provide important job safeguards for thousands of LGBT individuals living in states lacking explicit state-level protections.

There is broad public support for employment protections and yet, many Americans assume incorrectly that these laws already exist protecting LGBT workers from discrimination in the workplace. In 2018, 71% of Americans said they support laws that protect LGBT people from discrimination, including majority support in every state across the country.

That’s why efforts like Yes on 3 in Massachusetts and the successful New Hampshire campaign to pass HB 1319 are so critical. It’s time to update our nondiscrimination laws, so that everyone can have a fair shot to earn a living and provide for their family.

Majority of LGBT Americans Can Now Get an Accurate Birth Certificate Without Burdensome Requirements

Thanks to recent updates in Idaho and Florida, 51% of LGBT adults now live in states that issue new birth certificates without requiring sex reassignment surgery or a court order. Previously transgender people in these states had to provide proof of “sexual reassignment surgery,” while those living in Idaho could not get an updated birth certificate.  Now transgender people in Florida can provide a letter from a medical provider asserting they have undergone transition-related care to change their gender marker. In Idaho, transgender people must complete paperwork, and have it notarized—a simple and straightforward process.

The changes in these states are major milestones in the fight for equality for transgender and gender nonconforming people.

Official identity documents—such as drivers’ licenses, birth certificates, and passports—that do not match a transgender person’s gender identity greatly complicate that person’s life. According to the United States Transgender Survey, nearly one-third (32%) of respondents who have shown an ID with a name or gender that did not match their gender presentation were verbally harassed, denied benefits or service, asked to leave, or assaulted. A recent ad produced by MAP called “Movie Theater” depicts how transgender people can experience harassment, discrimination and denial of equal treatment in places of public accommodation. In it, a transgender man is the subject of harassment because his gender marker on his drivers’ license does not match his gender identity.

Thirty-one states either require proof of surgery, a court order, or have unclear policies regarding updating the gender markers on birth certificates. For some transgender people, requiring surgery is neither affordable nor desirable. And another three states do not allow for amending the gender marker on the birth certificate.

By eliminating this requirement for updating their birth certificates, these 16 states and the District of Columbia are making it easier for transgender people to go about their daily lives and to exist equally.

Read more about the updated requirements from Equality Florida: http://www.eqfl.org/transactionfl/birth-certificates and Lambda Legal: https://www.lambdalegal.org/blog/20180406_idaho-makes-history

Click here to visit MAP’s updated equality maps page to see where your state stands on identity document laws and policies, including requirements for updating gender markers: http://www.lgbtmap.org/equality-maps/identity_document_laws 

New Partnership Between MAP and Trulia

If you’re part of the LGBT community and looking for a house or apartment, how do you know if the neighborhood you’re interested in protects you from discrimination?

Today, the Movement Advancement Project partnered with Trulia, an online real estate and rental listing service, to release an innovative, first-of-its-kind tool to answer exactly that question. This dynamic tool shows the level of state and local protections for LGBT people in different areas and neighborhoods, to help home-buyers and apartment-hunters make more informed decisions about where to live, given that legal protections for LGBT people vary widely from state to state and even city to city.

The new Local Level Protections feature from Trulia and MAP informs home buyers about whether a neighborhood offers nondiscrimination protections in housing, employment and public accommodations discrimination based on sexual orientation and gender identity. This feature is powered by MAP’s LGBT Equality Maps, which track federal, state, and local nondiscrimination laws, among many other LGBT-related policies. MAP provided the data essential to building this new feature, including a database of more than 300 local city and county ordinances that prohibit discrimination.

Our MAP-Trulia collaboration and the Local Level Protections feature has received widespread media coverage, illustrating the value and innovation of this tool. These are just a few examples of our coverage already:

Choosing a home is one of the most significant decisions in people’s lives. For LGBT people, a primary consideration isn’t just the house, but whether they will be moving to a neighborhood where they are protected against discrimination. This groundbreaking feature will help LGBT people look not only for the right home, but also the right community.

For a more comprehensive look at nondiscrimination and other legal protections across the country, visit MAP’s LGBT Equality Maps.

Click here to donate to MAP to ensure we can continue to provide the most accurate, up-to-date tracking of LGBT laws and policies!