This is the accessible text file for GAO report number GAO-13-700R entitled 'Update on State Statutes and Administrative Complaint Data on Employment Discrimination Based on Sexual Orientation and Gender Identity' which was released on July 31, 2013. This text file was formatted by the U.S. Government Accountability Office (GAO) to be accessible to users with visual impairments, as part of a longer term project to improve GAO products' accessibility. Every attempt has been made to maintain the structural and data integrity of the original printed product. Accessibility features, such as text descriptions of tables, consecutively numbered footnotes placed at the end of the file, and the text of agency comment letters, are provided but may not exactly duplicate the presentation or format of the printed version. The portable document format (PDF) file is an exact electronic replica of the printed version. We welcome your feedback. Please E-mail your comments regarding the contents or accessibility features of this document to Webmaster@gao.gov. This is a work of the U.S. government and is not subject to copyright protection in the United States. It may be reproduced and distributed in its entirety without further permission from GAO. Because this work may contain copyrighted images or other material, permission from the copyright holder may be necessary if you wish to reproduce this material separately. GAO-13-700R: GAO: United States Government Accountability Office: 441 G St. N.W. Washington, DC 20548: B-324818: July 31, 2013: The Honorable Tom Harkin: Chairman: Committee on Health, Education, Labor, and Pensions: United States Senate: The Honorable Mark Kirk: United States Senate: The Honorable Jeffrey A. Merkley: United States Senate: Subject: Update on State Statutes and Administrative Complaint Data on Employment Discrimination Based on Sexual Orientation and Gender Identity: Federal law prohibits discrimination in employment based on a number of factors, including race, color, religion, sex, national origin, disability, and age. We reported most recently in 2009 that although federal law does not prohibit employment discrimination on the basis of sexual orientation, some states provide such protection by statute. [Footnote 1] Specifically, we reported that 22 states had statutes explicitly prohibiting employment discrimination on the basis of sexual orientation; we also reported that 13 states had statutes explicitly prohibiting employment discrimination on the basis of gender identity.[Footnote 2] In addition, we reported that, generally, the administrative complaint data reported by states at that time showed relatively few employment discrimination complaints based on sexual orientation and gender identity. In response to your request, this letter updates our 2009 report with regard to the number of states with statutes explicitly prohibiting employment discrimination based on sexual orientation and gender identity.[Footnote 3] We also include data provided by those states on the number of administrative complaints related to employment discrimination filed between 2007 and 2012--specifically, the total number of complaints and the number of complaints listing sexual orientation or gender identity as a claimed basis for discrimination. We found that no states have added explicit statutory prohibitions against employment discrimination based on sexual orientation since our 2009 report was issued, leaving the total number of states with such protections at 22.[Footnote 4] In addition, we found that five states--Connecticut, Delaware, Hawaii, Massachusetts, and Nevada--have added explicit employment discrimination prohibitions on the basis of gender identity since our 2009 report was issued, bringing the total number of states with such protections to 18.[Footnote 5] There is significant overlap in the states protecting individuals from employment discrimination on the bases of sexual orientation and gender identity. Eighteen states have statutes that explicitly prohibit both sexual orientation-and gender identity-based employment discrimination, while four states have such prohibitions only for employment discrimination based on sexual orientation. With respect to complaint data, consistent with what we reported in 2009, the administrative complaint data reported to us by states for 2007 through 2012 show relatively few employment discrimination complaints based on sexual orientation and gender identity. To complete this work, we utilized legal databases to determine which states have statutes explicitly prohibiting employment discrimination on the basis of sexual orientation or gender identity.[Footnote 6] We sent questionnaires to cognizant officials in the 22 states we identified as having such laws and asked them to verify that we had identified the relevant statutory provisions.[Footnote 7] We also asked them to provide the total number of administrative employment discrimination complaints filed for the most recent 7 years[Footnote 8] for which data were available, as well as the number of complaints that identified sexual orientation or gender identity as one of the claimed bases for employment discrimination.[Footnote 9] All complaint data presented in the enclosure that follows are as reported to us by state officials; we did not independently verify the accuracy of these data or review the methodologies used by states to compile data. We created a table for each state incorporating their responses to our questionnaire and sent the tables to state officials for their comments, which we incorporated as appropriate. Enclosed with this correspondence are tables for each of the 22 states for which we compiled information. These tables convey, for each state, the responses to our questionnaire--specifically, a citation to the relevant state statutory provisions, as well as the reported employment discrimination complaint data. James M. Rebbe and Lincoln Schroth, Senior Attorneys, and Sheila R. McCoy, Assistant General Counsel, prepared this letter. If you have any questions about this letter, please contact me at (202) 512-4740. Sincerely yours, Signed by: Helen T. Desaulniers: Managing Associate General Counsel: [End of section] Enclosure: California: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; Cal. Gov. Code § 12940. Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; Cal. Gov. Code § 12940.[Footnote 10] Total number of employment discrimination administrative complaints filed between 2007 and 2012[Footnote 11]; CY 2012: 19,839; CY 2011: 18,012; CY 2010: 18,335; CY 2009: 17,680; CY 2008: 18,786; CY 2007: 16,396. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; CY 2012: 1,104; CY 2011: 727; CY 2010: 717; CY 2009: 807; CY 2008: 821; CY 2007: 815. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; Not available.[Footnote 12] Colorado: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; Colo. Rev. Stat. § 24-34-402.[Footnote 13] Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; Colo. Rev. Stat. §§ 24-34-401(7.5) and 24-34-402. Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 14] FY 2011-2012: 516; FY 2010-2011: 575; FY 2009-2010: 599; FY 2008-2009: 712; FY 2007-2008: 635; FY 2006-2007: 593. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation;[Footnote 15] FY 2011-2012: 35; FY 2010-2011: 41; FY 2009-2010: 33; FY 2008-2009: 34; FY 2007-2008: 21. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; FY 2011-2012: 1; FY 2010-2011: 1; FY 2009-2010: 2; FY 2008-2009: 3; FY 2007-2008: 2. Connecticut: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; Conn. Gen. Stat. § 46a-81c. Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; Conn. Gen. Stat. § 46a-60.[Footnote 16] Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 17] CY 2012: 1,653; CY 2011: 1,656; CY 2010: 1,390; FY 2009-2010: 1,836; FY 2008-2009: 1,827; FY 2007-2008: 1,946; FY 2006-2007: 1,878. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; CY 2012: 41; CY 2011: 49; CY 2010: 36; FY 2009-2010: 53; FY 2008-2009: 44; FY 2007-2008: 49; FY 2006-2007: 60. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; Not available.[Footnote 18] Delaware: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; 19 Del. C. § 711. Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; 19 Del. C. § 711.[Footnote 19] Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 20] FY 2012: 727; FY 2011: 520; FY 2010: 437; FY 2009: 654; FY 2008: 665; FY 2007: 653. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation;[Footnote 21] FY 2012: 31; FY 2011: 16; FY 2010: 13. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; Not available.[Footnote 22] District Of Columbia: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; D.C. Code § 2-1402.11. Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; D.C. Code § 2-1402.11.[Footnote 23] Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 24] FY 2012: 279; FY 2011: 339; FY 2010: 415; FY 2009: 488; FY 2008: 357; FY 2007: 282. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; FY 2012: 15; FY 2011: 18; FY 2010: 21; FY 2009: 24; FY 2008: 28; FY 2007: 17. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; FY 2012: 0; FY 2011: 0; FY 2010: 1; FY 2009: 1; FY 2008: 2; FY 2007: 0. Hawaii: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; H.R.S. § 378-2. Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; H.R.S. § 378-2.[Footnote 25] Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 26] FY 2011-2012: 558; FY 2010-2011: 563; FY 2009-2010: 632; FY 2008-2009: 632; FY 2007-2008: 617; FY 2006-2007: 461. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; FY 2011-2012: 12; FY 2010-2011: 9; FY 2009-2010: 15; FY 2008-2009: 9; FY 2007-2008: 8; FY 2006-2007: 3. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; Not available.[Footnote 27] Illinois: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; §§ 775 ILCS 5/1-103(O-1) and (Q), 5/2-102(A), (B) and (C). Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; §§ 775 ILCS 5/1-103(O-1) and (Q), 5/2-102(A), (B) and (C).[Footnote 28] Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 29] FY 2012: 3,613; FY 2011: 3,439; FY 2010: 3,769; FY 2009: 4,007; FY 2008: 3,522; FY 2007: 3,287. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; FY 2012: 107; FY 2011: 133; FY 2010: 107; FY 2009: 149; FY 2008: 81; FY 2007: 103. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; Not available.[Footnote 30] Iowa: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; Iowa Code § 216.6. Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; Iowa Code § 216.6. Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 31] FY 2012: 1,373; FY 2011: 1,539; FY 2010: 1,458; FY 2009: 1,644; FY 2008: 1,453; FY 2007: 1,413. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation;[Footnote 32] FY 2012: 69; FY 2011: 59; FY 2010: 93; FY 2009: 25; FY 2008: 17. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; FY 2012: 26; FY 2011: 3; FY 2010: 5; FY 2009: 3; FY 2008: 6. Maine: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; 5 M.R.S. §§ 4552, 4553(9-C) and (10), 4571, and 4572. Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; 5 M.R.S. §§ 4552, 4553(9-C) and (10), 4571, and 4572.[Footnote 33] Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 34] FY 2012: 542; FY 2011: 616; FY 2010: 494; FY 2009: 503; FY 2008: 623; FY 2007: 539. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; FY 2012: 19; FY 2011: 26; FY 2010: 34; FY 2009: 7; FY 2008: 13; FY 2007: 20. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; FY 2012: 1; FY 2011: 0; FY 2010: 0; FY 2009: 1; FY 2008: 1; FY 2007: 2. Maryland: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; Md. Code Ann., State Gov't. §§ 20-601-20-609. Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; None.[Footnote 35] Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 36] FY 2012: 606; FY 2011: 480; FY 2010: 598; FY 2009: 709; FY 2008: 663; FY 2007: 645. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; FY 2012: 24; FY 2011: 26; FY 2010: 22; FY 2009: 23; FY 2008: 24; FY 2007: 28. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; Not available.[Footnote 37] Massachusetts: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; M.G.L. c. 151B, § 4(1) and (3). Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; M.G.L. c. 151B, § 4(1) and (3).[Footnote 38] Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 39] CY 2012: 2,654; CY 2011: 2,699; CY 2010: 2,861; CY 2009: 2,832; CY 2008: 2,947; CY 2007: 2,848. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; CY 2012: 105; CY 2011: 119; CY 2010: 62; CY 2009: 66; CY 2008: 73; CY 2007: 61. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; Not available.[Footnote 40] Minnesota: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; M.S.A. § 363A.08. Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; M.S.A. §§ 363A.03, Subd. 44 and 363A.08.[Footnote 41] Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 42] CY 2012: 642; CY 2011: 576; CY 2010: 612; CY 2009: 629; CY 2008: 656; CY 2007: 591. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; CY 2012: 28; CY 2011: 20; CY 2010: 20; CY 2009: 24; CY 2008: 24; CY 2007: 21. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; Not available.[Footnote 43] Nevada: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; N.R.S. §§ 233.010 and 613.330. Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; N.R.S. §§ 233.010 and 613.330.[Footnote 44] Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 45] CY 2012: 799; CY 2011: 756; CY 2010: 544; CY 2009: 833; CY 2008: 1,014; CY 2007: 1,159. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; CY 2012: 47; CY 2011: 40; CY 2010: 28; CY 2009: 21; CY 2008: 44; CY 2007: 38. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity;[Footnote 46] CY 2012: 6; CY 2011: 0. New Hampshire: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; N.H. R.S.A. §§ 354-A:6 and 354-A:7. Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; None.[Footnote 47] Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 48] FY 2012: 257; FY 2011: 216; FY 2010: 257; FY 2009: 208; FY 2008: 251; FY 2007: 318. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; FY 2012: 6; FY 2011: 11; FY 2010: 6; FY 2009: 4; FY 2008: 7; FY 2007: 14. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity;[Footnote 49] FY 2012: 1; FY 2011: 1. New Jersey: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; N.J.S.A. §§ 10:2-1, 10:5-3, 10:5-4, 10:5-6, 10:5-8, and 10:5- 12.[Footnote 50] Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; N.J.S.A. §§ 10:2-1, 10:5-3, 10:5-4, 10:5-6, 10:5-8, and 10:5- 12.[Footnote 51] Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 52] CY 2012: 616; CY 2011: 506; CY 2010: 548; CY 2009: 505; CY 2008: 692; CY 2007: 717. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; CY 2012: 28; CY 2011: 20; CY 2010: 20; CY 2009: 19; CY 2008: 34; CY 2007: 39. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; CY 2012: 0; CY 2011: 3; CY 2010: 5; CY 2009: 0; CY 2008: 0; CY 2007: 0. New Mexico: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; N.M. Stat. Ann. § 28-1-7. Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; N.M. Stat. Ann. § 28-1-7. Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 53] CY 2012: 479; CY 2011: 504; CY 2010: 573; CY 2009: 679; CY 2008: 690; CY 2007: 726. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; CY 2012: 25; CY 2011: 39; CY 2010: 41; CY 2009: 30; CY 2008: 45; CY 2007: 46. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; CY 2012: 1; CY 2011: 1; CY 2010: 3; CY 2009: 3; CY 2008: 1; CY 2007: 1. New York: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; N.Y. Executive Law § 296. Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; None.[Footnote 54] Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 55] FY 2011-2012: 5,032; FY 2010-2011: 5,684; FY 2009-2010: 6,083; FY 2008-2009: 6,445; FY 2007-2008: 6,078; FY 2006-2007: 4,615. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; FY 2011-2012: 243; FY 2010-2011: 236; FY 2009-2010: 224; FY 2008-2009: 270; FY 2007-2008: 216; FY 2006-2007: 141. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; Not available.[Footnote 56] Oregon: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; ORS §§ 659A.006 and 659A.030. Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; ORS §§ 174.100, 659A.006, and 659A.030.[Footnote 57] Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 58] FY 2012: 1,676; FY 2011: 1,825; FY 2010: 1,811; FY 2009: 1,920; FY 2008: 2,009; FY 2007: 1,862. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation;[Footnote 59] FY 2012: 30; FY 2011: 35; FY 2010: 31; FY 2009: 46; FY 2008: 22; FY 2007: 32. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; FY 2012: 0; FY 2011: 6; FY 2010: 0; FY 2009: 0; FY 2008: 0; FY 2007: 0. Rhode Island: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; R.I. Gen. Laws §§ 28-5-3 and 28-5-7. Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; R.I. Gen. Laws §§ 28-5-3 and 28-5-7.[Footnote 60] Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 61] FY 2012: 314; FY 2011: 378; FY 2010: 382; FY 2009: 356; FY 2008: 409; FY 2007: 364. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; FY 2012: 8; FY 2011: 17; FY 2010: 15; FY 2009: 15; FY 2008: 15; FY 2007: 14. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; FY 2012: 2; FY 2011: 1; FY 2010: 1; FY 2009: 0; FY 2008: 0; FY 2007: 1. Vermont: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; 21 V.S.A. § 495. Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; 21 V.S.A. § 495. Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 62] FY 2012: 142; FY 2011: 105; FY 2010: 105; FY 2009: 134; FY 2008: 111; FY 2007: 92. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; FY 2012: 4; FY 2011: 2; FY 2010: 3; FY 2009: 7; FY 2008: 4; FY 2007: 4. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; FY 2012: 1; FY 2011: 0; FY 2010: 1; FY 2009: 0; FY 2008: 1; FY 2007: 0. Washington: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; Rev. Code Wash. (ARCW) §§ 49.60.030 and 49.60.180. Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; Rev. Code Wash. (ARCW) §§ 49.60.030, 49.60.040(26), and 49.60.180. [Footnote 63] Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 64] FY 2011-2012: 741; FY 2010-2011: 904; FY 2009-2010: 461; FY 2008-2009: 690; FY 2007-2008: 792; FY 2006-2007: 607. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; FY 2011-2012: 34; FY 2010-2011: 44; FY 2009-2010: 15; FY 2008-2009: 19; FY 2007-2008: 23; FY 2006-2007: 34. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; FY 2011-2012: 4; FY 2010-2011: 1; FY 2009-2010: 0; FY 2008-2009: 4; FY 2007-2008: 5; FY 2006-2007: 2. Wisconsin: Statutory provision(s) providing protection from employment discrimination on the basis of sexual orientation; Wis. Stat. §§ 111.31 and 111.36(1)(d). Statutory provision(s) providing protection from employment discrimination on the basis of gender identity; None. Total number of employment discrimination administrative complaints filed between 2007 and 2012;[Footnote 65] CY 2012: 3,383; CY 2011: 3,923; CY 2010: 3,722; CY 2009: 3,521; CY 2008: 3,847; CY 2007: 4,007. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is sexual orientation; CY 2012: 69; CY 2011: 75; CY 2010: 100; CY 2009: 78; CY 2008: 66; CY 2007: 61. Total number of employment discrimination administrative complaints filed between 2007 and 2012 where at least one of the claimed bases for discrimination is gender identity; Not applicable. [End of enclosure] Footnotes: [1] GAO, Sexual Orientation and Gender Identity Employment Discrimination: Overview of State Statutes and Complaint Data, [hyperlink, http://www.gao.gov/products/GAO-10-135R] (Washington, D.C.: October 1, 2009). [2] In our 2009 report, we did not consider whether employment discrimination based on sexual orientation or gender identity may be addressed by federal case law, regulations, policy, or guidance, nor did we do so for purposes of this letter; we did note, however, that Executive Order 13087, issued on May 28, 1998, amended Executive Order 11478 to prohibit discrimination based on sexual orientation within executive branch civilian employment. [3] As we did in 2009, we refer to the District of Columbia as a state for purposes of this letter. [4] The 22 states with explicit statutory provisions with regard to sexual orientation are: California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. We did not determine whether states that lack explicit prohibitions against employment discrimination based on sexual orientation might allow such complaints to be pursued on other grounds. [5] The 18 states with explicit statutory provisions with regard to gender identity or other similar terms, such as gender expression or transgender status, are: California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Iowa, Maine, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington. We did not determine whether any other states that lack explicit statutory provisions might allow such complaints to be pursued on other grounds, though officials in Maryland and New York, which both have statutes prohibiting employment discrimination on the basis of sexual orientation, reported in their responses to our questionnaire that individuals in their states may be able to pursue administrative complaints based on gender identity in the absence of explicit state statutory provisions. Similarly, an official in New Hampshire told us that individuals in that state have the legal right to file a charge of discrimination related to gender identity despite the absence of explicit statutory language and that such charges may be pursued under the protected categories of sex and/or mental disability, depending on jurisdictional issues. [6] Although state case law, state regulations, or other state guidance may address issues related to employment discrimination or the scope and applicability of state employment discrimination statutes, our focus was only on the explicit language of state statutes. In addition, we did not review local government ordinances, which may also address issues related to employment discrimination. [7] We asked states to note whether the state statutory provisions we identified were correct, incorrect, or incomplete, and to provide corrections where appropriate. We relied on the information provided by state officials and did not do additional research to identify other state statutory provisions that may be relevant to claims of employment discrimination. [8] All states reported their complaint data to us by state fiscal year, federal fiscal year, or calendar year. Most states' fiscal years run from July 1 through June 30, and all references to a state fiscal year are to that time frame unless otherwise noted. Moreover, some states use a single year when referring to the state fiscal year and others use a 2 year designation. For instance, some states refer to "FY 2012," while other states use "FY 2011-2012" to refer to the same time period. In either case, this time period would run from July 1, 2011 through June 30, 2012. Some states reported complaint data to us by federal fiscal year, which runs from October 1 through September 30. In light of the variation in how states collect and report this information, we asked states to provide data for the most recent 7 years for which data were available to ensure that each state would provide data for the full time period included in the scope of our review, which is 2007 through 2012. [9] In some states, the statutes prohibiting sexual orientation-or gender identity-based employment discrimination were enacted during the time period covered by our review; therefore, these states did not provide complaint data for the full time period requested. In addition, seven states that have explicit statutory prohibitions against gender identity-based employment discrimination reported that, during the time period covered by our review, they did not separately track data related to the number of gender identity-based complaints they received. These states are: California, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, and Minnesota. [10] The relevant protected classes explicitly identified in state statute are “gender identity” and “gender expression.” [11] All complaint data in this table are reported by calendar year. [12] According to a state official, California does not separately track complaints filed on the basis of gender identity. Currently, complaints filed on the basis of gender identity are tracked with complaints filed on the basis of sex. [13] State statute prohibits employment discrimination on the basis of sexual orientation, which is defined to include, in relevant part, “transgender status.” [14] All complaint data in this table are reported by state fiscal year. [15] A state official told us that sexual orientation and transgender status were not protected statuses under Colorado statute before FY 2007-2008. [16] The relevant protected class explicitly identified in state statute is “gender identity or expression.” This became a protected class status on October 1, 2011. [17] Connecticut began tracking employment discrimination complaint data by calendar year rather than state fiscal year in 2010. A state official acknowledged that this may have resulted in some double counting of complaints for calendar year 2010. [18] A state official reported that the state does not separately track complaints based on gender identity. [19] Delaware amended its employment discrimination statute in June 2013 to add gender identity to the list of protected categories. [20] All complaint data in this table are reported by federal fiscal year. [21] As we reported in 2009, sexual orientation became a protected status for purposes of employment discrimination on July 1, 2009. As a result, FY 2010 is the first year for which the state has data for this category. [22] According to a state official, the numbers listed for complaints based on sexual orientation may include complaints based on gender identity; the state does not separately track the number of complaints filed on the basis of this category. [23] The relevant protected class explicitly identified in state statute is “gender identity or expression.” [24] All complaint data in this table are reported by state fiscal year, which runs from October 1 through September 30. [25] Hawaii amended its statute in 2011 to clarify existing law with regard to sex discrimination and provide that discrimination based upon “gender identity or expression” constitutes a form of sex discrimination. [26] All complaint data in this table are reported by state fiscal year. [27] Hawaii reported that it does not compile separate statistics for gender identity complaints, which it categorizes as sex discrimination complaints. [28] State statute prohibits employment discrimination on the basis of sexual orientation, which is defined to include, in relevant part, “gender-related identity, whether or not traditionally associated with the person’s designated sex at birth.” [29] All complaint data in this table are reported by state fiscal year. [30] According to a state official, complaints based on gender identity are included in the numbers of complaints based on sexual orientation. [31] All complaint data in this table are reported by state fiscal year. [32] As we reported in 2009, Iowa started accepting employment discrimination complaints on the bases of sexual orientation and gender identity on July 1, 2007. As a result, Iowa did not report data for FY 2007 on these bases. [33] State statute prohibits employment discrimination on the basis of sexual orientation, which is defined to include, in relevant part, “ gender identity or expression.” [34] All complaint data in this table are reported by state fiscal year. [35] Although gender identity is not explicitly identified as a protected category under state statute, a state official reported that Maryland accepts gender identity complaints under the category of sex. [36] All complaint data in this table are reported by state fiscal year. [37] Maryland reported that it does not separately track gender identity complaints. [38] Massachusetts added gender identity as a protected category in November 2011, effective July 2012. [39] All complaint data in this table are reported by calendar year. [40] According to a state official, before Massachusetts explicitly added gender identity as a protected category, effective July 2012, the state accepted complaints alleging gender identity employment discrimination under the categories of disability, gender, or sexual orientation, and gender identity complaints previously filed under these other bases were not tracked separately. Although the state has been accepting complaints under the new protected category of gender identity since July 2012, this official stated that Massachusetts had not been specifically tracking gender identity complaints since that date, but has now begun doing so. [41] State statute prohibits employment discrimination on the basis of sexual orientation, which is defined to include, in relevant part, “having or being perceived as having a self-image or identity not traditionally associated with one's biological maleness or femaleness.” [42] All complaint data in this table are reported by calendar year. [43] According to a state official, the numbers listed above for sexual orientation administrative complaints include all gender identity administrative complaints. [44] The relevant protected category explicitly identified in state statute is “gender identity or expression.” This became a protected category on October 1, 2011. [45] All complaint data in this table are reported by calendar year. [46] Because this became a protected category on October 1, 2011, data from earlier years are not available. [47] Although gender identity is not explicitly identified as a protected category under state statute, a state official reported that individuals have the legal right to file a charge of discrimination related to gender identity and that such charges may be pursued under the protected categories of sex and/or mental disability, depending on jurisdictional issues. [48] All complaint data in this table are reported by federal fiscal year. [49] A state official reported that the state currently does not track gender identity complaints separately from other gender discrimination complaints, but the state official reviewed complaints for FYs 2011 and 2012 and determined that there was one complaint related to gender identity in each of those years. The official noted further that the state will separately track information related to complaints involving transgendered persons in the future. [50] The relevant protected class explicitly identified in state statute is “affectional or sexual orientation.” [51] The relevant protected class explicitly identified in state statute is “gender identity or expression.” [52] All complaint data in this table are reported by calendar year. [53] All complaint data in this table are reported by calendar year. [54] Although gender identity is not explicitly identified as a protected category under state employment discrimination statutes, a state official reported that the state investigates some gender identity cases under the protected categories of disability and/or sex. [55] All complaint data in this table are reported by state fiscal year, which runs from April 1 through March 31. [56] A state official reported that the state does not separately track gender identity cases investigated on the bases of disability and/or sex. [57] State statute prohibits employment discrimination on the basis of sexual orientation, which is defined to include, in relevant part, “an individual’s…gender identity, regardless of whether the individual’s gender identity, appearance, expression, or behavior differs from that traditionally associated with the individual’s sex at birth.” [58] All complaint data in this table are reported by state fiscal year. [59] A state official reported that Oregon’s statute prohibiting employment discrimination on the basis of sexual orientation and gender identity took effect in January 2008, and the state investigated sexual orientation and gender identity discrimination claims under some city and county ordinances before that time. Data for FY 2007 include complaints pursued under city and county ordinances only, while data for FY 2008 include sexual orientation and gender identity discrimination complaints pursued under city and county ordinances and state law. Data for FY 2009 through FY 2012 include only complaints pursued under state law. [60] The relevant protected class explicitly identified in state statute is “gender identity or expression.” [61] All complaint data in this table are reported by state fiscal year. [62] All complaint data in this table are reported by federal fiscal year. [63] State statute prohibits employment discrimination on the basis of sexual orientation, which is defined to include, in relevant part, “ gender expression or identity.” “Gender expression or identity” is defined to mean “having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth.” [64] All complaint data in this table are reported by state fiscal year. [65] All complaint data in this table are reported by calendar year. 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