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GAO-10-135R: 

[On October 7, 2009, this document was reissued to include a table that 
was initially missing.] 

United States Government Accountability Office: 
Washington, DC 20548: 

B-318502: 

October 1, 2009: 

The Honorable Tom Harkin:
Chairman:
Committee on Health, Education, Labor, and Pensions: 
United States Senate: 

The Honorable Susan M. Collins: 
United States Senate:
The Honorable Jeff Merkley:
United States Senate: 

Subject: Sexual Orientation and Gender Identity Employment 
Discrimination: Overview of State Statutes and Complaint Data: 

Federal law prohibits discrimination in employment based on a number of 
factors, including race, color, religion, sex, national origin, 
disability, and age. Although federal law does not prohibit 
discrimination in employment on the basis of sexual orientation, 
[Footnote 1] 21 states[Footnote 2] and the District of Columbia provide 
such protection in their statutes. Thirteen of these states[Footnote 3] 
also have statutes explicitly prohibiting discrimination in employment 
on the basis of gender identity.[Footnote 4] Based on your request to 
update our 2002 report on this subject,[Footnote 5] we (1) reviewed 
state statutes that prohibit discrimination in employment on the basis 
of sexual orientation and gender identity, including the 
characteristics, coverage, and exclusions of the laws, and (2) gathered 
information concerning the number of administrative employment 
discrimination complaints filed in each state--both the total number 
and the number of complaints listing sexual orientation or gender 
identity as one of the claimed bases for discrimination. 

In response to your request, we utilized legal databases to determine 
which states have laws specifically prohibiting discrimination in 
employment on the basis of sexual orientation and gender identity and 
compared our results with other organizations' lists.[Footnote 6] We 
sent questionnaires to the 22 states we identified having such laws. We 
asked the states to verify information concerning their statutes and to 
provide us with data on the numbers of administrative employment 
discrimination complaints filed for the most recent 3 years for which 
data are available. All data are as reported by the state agency; we 
did not verify these data. We created a table for each state 
incorporating each state's responses and other information and sent 
these tables to the states for their comments, which we incorporated as 
appropriate. We conducted our review during August and September 2009. 

Of the 22 states that have laws prohibiting discrimination based on 
sexual orientation, the statutory definitions in all but one state 
(Minnesota),[Footnote 7] define "sexual orientation" as including in 
some form the categories of heterosexuality, homosexuality, and 
bisexuality. All but five[Footnote 8] of the statutory definitions 
include people who are perceived by others to be, or are identified 
with, a specific orientation, whether or not they identify with that 
orientation. Therefore, for instance, a person who is discriminated 
against because he is incorrectly perceived by an employer to be 
homosexual, but who is actually heterosexual, may still file an 
employment discrimination complaint based on sexual orientation. 

Thirteen of the 22 states have laws explicitly prohibiting 
discrimination based on gender identity.[Footnote 9] Gender identity 
generally refers to a person's identity and/or appearance, whether or 
not associated with a person's sex at birth. Five of these states 
[Footnote 10] do not provide a separate statutory definition for 
"gender identity."[Footnote 11] Some states reported that although 
their state statutes may not specifically prohibit discrimination based 
on gender identity, the state may nevertheless accept gender identity 
employment discrimination complaints under another basis, such as 
sexual orientation or sex. For instance, Massachusetts reported that it 
will accept, investigate, and adjudicate gender identity cases under 
the section of Massachusetts law prohibiting employment discrimination 
on the basis of sex. Wisconsin reported that, depending on the facts of 
the particular situation, an individual with a gender identity issue 
may be able to bring a claim of discrimination based on disability or 
sex. 

Under the state statutes, the number of employees an employer has is a 
factor in determining coverage. Nine states cover employers having one 
or more employees.[Footnote 12] Only four states require more than six 
employees for coverage.[Footnote 13] In Illinois, the minimum number of 
employees an employer must have in order for the statutory protection 
from employment discrimination on the basis of sexual orientation and 
gender identity to be in effect is a different number than for the 
statutory protection for other bases of employment discrimination. 
Specifically, the sexual orientation discrimination and gender identity 
provisions apply only to a private employer with 15 or more employees, 
whereas an employer need only employ one person to invoke the 
application of the provisions providing protection from employment 
discrimination on the basis of sexual harassment or physical or mental 
handicap unrelated to ability. 

All the states provide at least a limited exemption for employers that 
are religious organizations, although the exemptions may vary in 
scope.[Footnote 14] They generally permit religious organizations to 
give preference to those of the same religion in hiring. In Maryland, 
the statute mentions sexual orientation specifically in exempting 
religious organizations from the employment non-discrimination 
provisions.[Footnote 15] Washington provides a clear exception for 
religious organizations.[Footnote 16] Minnesota law states that for 
religious or fraternal organizations, if sexual orientation is a bona 
fide occupational qualification for employment, the sexual orientation 
discrimination provisions do not apply; moreover, a not-for-profit 
religious association is exempt from these provisions except when the 
association is engaged in secular business activities unrelated to the 
religious and educational purposes for which it is organized.[Footnote 
17] 

All but one (Massachusetts) of the states include employers that are 
non-profit organizations in the coverage of their sexual orientation 
and gender identity nondiscrimination statutes. However, these states 
may exempt specific types of organizations. For example, Minnesota 
exempts nonpublic service organizations whose primary function is 
providing occasional services to minors.[Footnote 18] New Hampshire 
exempts exclusively fraternal and social clubs,[Footnote 19] and 
Maryland and Nevada exempt private membership clubs.[Footnote 20] 
Finally, all the state statutes include coverage of state and local 
government employers. 

Generally, the administrative complaint data reported by states show 
relatively few employment discrimination complaints based on sexual 
orientation and gender identity. In some states, the laws proscribing 
sexual orientation and gender identity employment discrimination were 
enacted relatively recently; therefore, these states could not provide 
complete complaint data for the requested 3-year period. 

Enclosed with this correspondence are tables for each of the 22 states 
for which we compiled information. For each state we listed specific 
information about the state statute, including relevant definitions and 
coverage (e.g., minimum number of employees and applicability of 
exemptions), and listed the complaint data provided by the 
states.[Footnote 21] Some of the information in the tables came from 
our reading of the state statute, as verified by the states, and other 
information came from the states' responses to our questionnaire. It is 
important to note that case law, regulation, or other guidance may also 
address the specific elements listed in the tables. Our focus in this 
report was only on the language of the state statutes. 

James M. Rebbe, Senior Attorney, and Doreen S. Feldman, Assistant 
General Counsel, prepared this report. 

If you have any questions about this letter, please contact me on 202- 
512-8208. 

Signed by: 

Dayna K. Shah:
Managing Associate General Counsel: 

Enclosure: 

[End of section] 

Enclosure: 

State Tables: 

State: California. 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
Cal. Gov. Code § 12940 (sexual orientation and gender identity), Cal. 
Gov. Code § 12926(p) (gender identity). 

Definition of "sexual orientation": 
"Heterosexuality, homosexuality, and bisexuality," including "a 
perception that the person has any of those characteristics or that the 
person is associated with a person who has, or is perceived to have, 
any of those characteristics." Cal. Gov. Code §§ 12926(m) and (q). 

Does statute prohibit discrimination on the basis of gender identity? 
Yes. 

Definition of "gender identify": 
The definition of "sex" for purposes of the California fair employment 
statute "includes, but is not limited to, a person's gender." This 
section then refers to the definition of "gender" in the California 
Penal Code, which is defined as "sex, and includes a person's gender 
identity and gender related appearance and behavior whether or not 
stereotypically associated with the person's assigned sex at birth." 
Cal. Gov. Code § 12926(p); Cal. Pen. Code § 422.56(c). 

Minimum number of employees for coverage: 
5[Footnote 22]. 

Does statute address workplace access to shared facilities? 
No. 

Religious organizations exempt? 
Yes. 

Non-profit organizations exempt? 
No. 

Does statute apply to government employers? 
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
2008[Footnote 23]: 18,786; 
2007: 16,396; 
2006: 15,312. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
2008: 821; 
2007: 815; 
2006: 722. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
California does not have separate statistics on gender identity 
complaint data because gender identity discrimination is characterized 
as sex discrimination. 

[End of table] 

State: Colorado: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
Colo. Rev. Stat. 24-34-402 (sexual orientation and gender identity), 
Colo. Rev. Stat. 24-34-401(7.5) (gender identity). 

Definition of "sexual orientation": 
"A person's orientation toward heterosexuality, homosexuality, 
bisexuality, or transgender status or an employer's perception 
thereof." Colo. Rev. Stat. 24-34-401(7.5). 

Does statute prohibit discrimination on the basis of gender identity?
Yes[Footnote 24]. 

Definition of "gender identity": 
The Colorado statute includes "transgender status" in the definition of 
"sexual orientation" as a protected class but does not define that term 
in the statute. 

Minimum number of employees for coverage: 1. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt?
No. 

Does statute apply to government employers?
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
FY08/09: 712; 
FY07/08: 635; 
FY06/07: 593. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation[Footnote 25]: 
FY08/09: 36; 
FY07/08: 23. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity 
[Footnote 26]: 
FY08/09: 2; 
FY07/08: 1. 

[End of table] 

State: Connecticut: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
Conn. Gen. Stat. § 46a-81c (sexual orientation). 

Definition of "sexual orientation": 
"Having a preference for heterosexuality, homosexuality or bisexuality, 
having a history of such preference or being identified with such 
preference, but excludes any behavior which constitutes a violation of 
part VI of chapter 952 [relating to sex offenses]." Conn. Gen. Stat. § 
46a-81a. 

Does statute prohibit discrimination on the basis of gender identity?; 
No[Footnote 27]. 

Definition of "gender identity": 
N/A. 

Minimum number of employees for coverage:
3. 

Does statute address workplace access to shared facilities? 
No. 

Religious organizations exempt? 
Yes. 

Non-profit organizations exempt? 
No. 

Does statute apply to government employers? 
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data is available: 
FY08-09: 1,716; 
FY07-08: 1,814; 
FY06-07: 1,783. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data is available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
FY08-09: 44; 
FY07-08: 61; 
FY06-07: 72. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data is available where at 
least one of the claimed bases for discrimination is gender identity: 
Connecticut does not track gender identity complaints separately. They 
may appear as complaints based on sexual orientation, complaints based 
on sex, or both. 

[End of table] 

State: Delaware: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
19 Del. C. § 711 (sexual orientation). 

Definition of "sexual orientation": 
"Exclusively means heterosexuality, homosexuality, or bisexuality." 19 
Del. C. § 710(18). 

Does statute prohibit discrimination on the basis of gender identity? 
No. 

Definition of "gender identity": 
N/A. 

Minimum number of employees for coverage: 
4. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt?
No. 

Does statute apply to government employers?
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
FY08/09: 728; 
FY07/08: 619; 
FY06/07: 648. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
Coverage based upon sexual orientation status went into effect July 1, 
2009, so Delaware has not yet collected any data. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
N/A. 

[End of table] 

State: District Of Columbia: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
D.C. Code § 2-1402.11 (sexual orientation and gender identity). 

Definition of "sexual orientation": 
"Male or female homosexuality, heterosexuality and bisexuality, by 
preference or practice." D.C. Code § 2-1401.02(28). 

Does statute prohibit discrimination on the basis of gender identity? 
Yes. 

Definition of "gender identity": 
"Gender identity or expression' means a gender-related identity, 
appearance, expression, or behavior of an individual, regardless of the 
individual's assigned sex at birth." D.C. Code § 2-1401.02(12A). 

Minimum number of employees for coverage: 
1. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt?
No. 

Does statute apply to government employers?
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available 
[Footnote 28]: 
FY08: 357; 
FY07: 282; 
FY06: 350. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
FY08: 28; 
FY07: 17; 
FY06: 29. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
FY08: 2; 
FY07: 0; 
FY06: 0. 

[End of table] 

State: HAWAII: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
H.R.S. § 378-2 (sexual orientation). 

Definition of "sexual orientation": 
"Having a preference for heterosexuality, homosexuality, or 
bisexuality, having a history of any one or more of these preferences, 
or being identified with any one or more of these preferences" but 
"shall not be construed to protect conduct otherwise proscribed by 
law." H.R.S. § 378-1. 

Does statute prohibit discrimination on the basis of gender identity?
No.[Footnote 29] 

Definition of "gender identity": 
N/A. 

Minimum number of employees for coverage: 
1. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt?
No. 

Does statute apply to government employers?
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
FY07/08: 617; 
FY06/07: 461; 
FY05/06: 515. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
FY07/08: 8; 
FY06/07: 3; 
FY05/06: 7. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
Hawaii does not track gender identity complaints separately, but 
considers gender identity discrimination a form of sex discrimination. 

[End of table] 

State: Illinois: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
§ 775 ILCS 5/1-102(A), § 775 ILCS 5/2-102(A), §775 ILCS 5/1-103(O-1) 
(sexual orientation and gender identity). 

Definition of "sexual orientation": 
"Actual or perceived heterosexuality, homosexuality, bisexuality, or 
gender-related identity, whether or not traditionally associated with 
the person's designated sex at birth. 'Sexual orientation' does not 
include a physical or sexual attraction to a minor by an adult." § 775 
ILCS 5/1-103(O-1). 

Does statute prohibit discrimination on the basis of gender identity?
Yes. 

Definition of "gender identity": 
There is not a separate definition of "gender identity" in Illinois 
statute. See definition of "sexual orientation." 

Minimum number of employees for coverage: 
15.[Footnote 30] 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt?
No. 

Does statute apply to government employers?: 
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
FY08/09: 3,855; 
FY07/08: 3,522; 
FY06/07: 3,287. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
FY08/09: 145; 
FY07/08: 81; 
FY06/07: 103. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
FY08/09: 5; 
FY07/08: 1; 
FY06/07: 3. 

[End of table] 

State: Iowa: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
Iowa Code § 216.6 (sexual orientation and gender identity). 

Definition of "sexual orientation": 
"Actual or perceived heterosexuality, homosexuality, or bisexuality." 
Iowa Code § 216.2(14). 

Does statute prohibit discrimination on the basis of gender identity? 
Yes. 

Definition of "gender identity": 
"A gender-related identity of a person, regardless of the person's 
assigned sex at birth." Iowa Code § 216.2(10). 

Minimum number of employees for coverage: 
4. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt?
No. 

Does statute apply to government employers?
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
FY07/08: 1,453; 
FY06/07: 1,413; 
FY05/06: 1,526. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
FY08/09: 29; 
FY07/08[Footnote 31]: 17. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
FY08/09: 3; 
FY07/08: 4. 

[End of table] 

State: Maine: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
5 M.R.S.A. § 4552, 5 M.R.S.A. § 4553(9-C) and (10), 5 M.R.S.A. § 4571, 
5 M.R.S.A. § 4572 (sexual orientation and gender identity). 

Definition of "sexual orientation": 
"A person's actual or perceived heterosexuality, bisexuality, 
homosexuality or gender identity or expression." 5 M.R.S.A. § 4553(9-
C). 

Does statute prohibit discrimination on the basis of gender identity?
Yes. 

Definition of "gender identity": 
Maine does not have a separate statutory definition for this term. 

Minimum number of employees for coverage: 
1. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt?
No. 

Does statute apply to government employers?
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
FY08/09: 494; 
FY07/08: 604; 
FY06/07: 544. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
FY08/09: 6; 
FY07/08: 17; 
FY06/07: 19. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
FY08/09: 0; 
FY07/08: 1; 
FY06/07: 0. 

[End of table] 

State: Maryland: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
Md. Ann. Code art. 49B, §§ 14, 16[Footnote 30] (sexual orientation). 

Definition of "sexual orientation": 
"The identification of an individual as to male or female 
homosexuality, heterosexuality, or bisexuality." Md. Ann. Code art. 
49B, § 15(j). 

Does statute prohibit discrimination on the basis of gender identity?
No. 

Definition of "gender identity": 
N/A. 

Minimum number of employees for coverage: 
15. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt? 
Yes. 

Non-profit organizations exempt?
No.[Footnote 33] 

Does statute apply to government employers?
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
FY08/09: 741; 
FY07/08: 663; 
FY06/07: 645. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
FY08/09: 23; 
FY07/08: 24; 
FY06/07: 28. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
Maryland does not track gender identity complaints separately. It does 
accept gender identity complaints under "sex" but not "sexual 
orientation." 

[End of table] 

State: Massachusetts: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
M.G.L. c. 151B, § 4(1), (3) (sexual orientation). 

Definition of "sexual orientation": 
"Having an orientation for or being identified as having an orientation 
for heterosexuality, bisexuality, or homosexuality." M.G.L. c. 151B, § 
3(6). 

Does statute prohibit discrimination on the basis of gender identity?
No.[Footnote 34] 

Definition of "gender identity": 
N/A. 

Minimum number of employees for coverage: 
6. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt? 
Yes.[Footnote 35] 

Does statute apply to government employers? 
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are 
available:[Footnote 36] 
2008: 2,951; 
2007: 2,862; 
2006: 2,641. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
2008: 100; 
2007: 96; 
2006: 85. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
N/A. 

[End of table] 

State: Minnesota: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
Minn. Stat. § 363A.02, Minn. Stat. § 363A.08, Minn. Stat. § 363A.03, 
Subd. 44 (sexual orientation and gender identity). 

Definition of "sexual orientation": 
"Having or being perceived as having an emotional, physical, or sexual 
attachment to another person without regard to the sex of that person 
or having or being perceived as having an orientation for such 
attachment, or having or being perceived as having a self-image or 
identity not traditionally associated with one's biological maleness or 
femaleness," but "does not include a physical or sexual attachment to 
children by an adult." Minn. Stat. § 363A.03, Subd. 44. 

Does statute prohibit discrimination on the basis of gender identity?
Yes. 

Definition of "gender identity": 
Minnesota does not have a separate statutory definition of "gender 
identity," but includes this category in its definition of "sexual 
orientation." 

Minimum number of employees for coverage: 
1. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes.[Footnote 37] 

Non-profit organizations exempt?
No.[Footnote 38] 

Does statute apply to government employers?
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
[Footnote 39] 
2008: 880; 
2007: 821; 
2006: 926. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
2008: 24; 
2007: 21; 
2006: 28. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
The definition of sexual orientation under Minnesota statue includes 
gender identity and therefore the numbers listed above for sexual 
orientation complaints encompass all gender identity complaints. 

[End of table] 

State: Nevada: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
Nev. Rev. Stat. Ann. § 233.010, Nev. Rev. Stat. Ann. § 613.330 (sexual 
orientation). 

Definition of "sexual orientation": 
"Having or being perceived as having an orientation for 
heterosexuality, homosexuality or bisexuality." Nev. Rev. Stat. Ann. § 
613.310(6). 

Does statute prohibit discrimination on the basis of gender identity?
No. 

Definition of "gender identity": 
N/A. 

Minimum number of employees for coverage: 
15. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt?
No.[Footnote 40] 

Does statute apply to government employers?
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
FY07/08: 1,401; 
FY06/07: 1,218; 
FY05/06: 972. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
FY07/08: 55; 
FY06/07: 30; 
FY05/06: 25. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
N/A. 

[End of table] 

State: New Hampshire: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
N.H. Rev. Stat. Ann. § 354-A:6 (sexual orientation). 

Definition of "sexual orientation": 
"Having or being perceived as having an orientation for 
heterosexuality, bisexuality, or homosexuality. This definition is 
intended to describe the status of persons and does not render lawful 
any conduct prohibited by the criminal laws of this state or impose any 
duty on a religious organization. This definition does not confer 
legislative approval of such status, but is intended to assure the 
basic rights afforded under New Hampshire law." N.H. Rev. Stat. Ann. § 
21:49. 

Does statute prohibit discrimination on the basis of gender identity?
No. 

Definition of gender identity: 
N/A. 

Minimum number of employees for coverage: 
6. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt?
No.[Footnote 41] 

Does statute apply to government employers?
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
FY07/08: 251; 
FY06/07: 318; 
FY05/06: 274. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
FY07/08: 7;
FY06/07: 14; 
FY05/06: 5. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
New Hampshire does not allow a claim based on gender identity, but 
claims from transsexuals can be filed under the "sex" and "disability" 
categories. 

[End of table] 

State: New Jersey: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
N.J. Stat. § 10:2-1, N.J. Stat. § 10:5-3, N.J. Stat. § 10:5-4, N.J. 
Stat. § 10:5-12 (sexual orientation and gender identity). 

Definition of "sexual orientation": 
"'Affectional or sexual orientation' means male or female 
heterosexuality, homosexuality or bisexuality by inclination, practice, 
identity or expression, having a history thereof or being perceived, 
presumed or identified by others as having such an orientation." N.J. 
Stat. § 10:5-5(hh). 

Does statute prohibit discrimination on the basis of gender identity?
Yes. 

Definition of "gender identity": 
"'Gender identity or expression' means having or being perceived as 
having a gender related identity or expression whether or not 
stereotypically associated with a person's assigned sex at birth." N.J. 
Stat. § 10:5-5(rr). 

Minimum number of employees for coverage: 
1. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt?
No. 

Does statute apply to government employers?
Yes.[Footnote 42] 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
[Footnote 43] 
2008: 692; 
2007: 717; 
2006: 885. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
2008: 34; 
2007: 39; 
2006: 47. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
New Jersey has not received any complaints alleging employment 
discrimination based on gender identity or expression since the law 
went into effect in February 2007 banning such discrimination. 

[End of table] 

State: New Mexico: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and gender identity: 
N.M. Stat. Ann. § 28-1-7 (sexual orientation and gender identity). 

Definition of "sexual orientation": 
"Heterosexuality, homosexuality or bisexuality, whether actual or 
perceived." N.M. Stat. Ann. § 28-1-2(P). 

Does statute prohibit discrimination on the basis of gender identity?
Yes. 

Definition of "gender identity": 
"A person's self-perception, or perception of that person by another, 
of the person's identity as a male or female based upon the person's 
appearance, behavior or physical characteristics that are in accord 
with or opposed to the person's physical anatomy, chromosomal sex or 
sex at birth." N.M. Stat. Ann. § 28-1-2(Q). 

Minimum number of employees for coverage: 
15.[Footnote 44] 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt?
No. 

Does statute apply to government employers?
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
FY08/09: 674; 
FY07/08: 747; 
FY06/07: 705. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
FY08/09: 30; 
FY07/08: 46; 
FY06/07: 45. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
FY08/09: 1; 
FY07/08: 1; 
FY06/07: 0. 

[End of table] 

State: New York: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
NY CLS Exec. § 296 (sexual orientation). 

Definition of "sexual orientation": 
"Heterosexuality, homosexuality, bisexuality or asexuality, whether 
actual or perceived. However, nothing contained herein shall be 
construed to protect conduct otherwise proscribed by law." NY CLS Exec. 
§ 292(27). 

Does statute prohibit discrimination on the basis of gender identity?
No.[Footnote 45] 

Definition of "gender identity": 
N/A. 

Minimum number of employees for coverage: 
4. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt?
No. 

Does statute apply to government employers?
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
FY08/09:[Footnote 46] 6,434; 
FY07/08: 6,088; 
FY06/07: 4,623. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
FY08/09: 312; 
FY07/08: 216; 
FY06/07: 141. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
New York does not track this subset of sex and/or disability complaints 
in its system. 

[End of table] 

State: Oregon: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and gender identity: 
ORS § 659A.006, ORS § 659A.030 (sexual orientation and gender 
identity), ORS § 174.100 (gender identity) (as amended by 2007 Oregon 
Laws Ch. 100 (S.B.2)). 

Definition of "sexual orientation": 
"An individual's actual or perceived heterosexuality, homosexuality, 
bisexuality or gender identity, regardless of whether the individual's 
gender identity, appearance, expression or behavior differs from that 
traditionally associated with the individual's assigned sex at birth." 
ORS § 174.100(6). 

Does statute prohibit discrimination on the basis of gender identity?
Yes. 

Definition of "gender identity": Oregon does not have a separate 
statutory definition of "gender identity." 

Minimum number of employees for coverage: 
1. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt?
No. 

Does statute apply to government employers?
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
[Footnote 47] 
2008: 1957; 
2007: 1916; 
2006: 1857. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
2009 (year to date): 34; 
2008: 28; 
2007 and 2006: There are no data for these years because Oregon's 
statute prohibiting employment discrimination on the basis of sexual 
orientation and gender identity went into effect in January, 2008. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
These data are included in the sexual orientation data listed above. 

[End of table] 

State: Rhode Island: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity; State: 
R.I. Gen. Laws § 28-5-3, R.I. Gen. Laws § 28-5-7 (sexual orientation 
and gender identity), R.I. Gen. Laws § 28-5-6(15) (sexual orientation), 
R.I. Gen. Laws § 28-5-6(10) (gender identity). 

Definition of "sexual orientation": 
"Having or being perceived as having an orientation for 
heterosexuality, bisexuality, or homosexuality. This definition is 
intended to describe the status of persons and does not render lawful 
any conduct prohibited by the criminal laws of this state nor impose 
any duty on a religious organization. This definition does not confer 
legislative approval of that status, but is intended to assure the 
basic human rights of persons to obtain and hold employment, regardless 
of that status." R.I. Gen. Laws § 28-5-6(15). 

Does statute prohibit discrimination on the basis of gender identity?
Yes. 

Definition of "gender identity": "'Gender identity or expression' 
includes a person's actual or perceived gender, as well as a person's 
gender identity, gender-related self image, gender-related appearance, 
or gender-related expression; whether or not that gender identity, 
gender-related self image, gender-related appearance, or gender-related 
expression is different from that traditionally associated with the 
person's sex at birth." R.I. Gen. Laws § 28-5-6(10). 

Minimum number of employees for coverage: 
4. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt?
No. 

Does statute apply to government employers?
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
FY08/09: 277; 
FY07/08: 336; 
FY06/07: 301. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
FY08/09: 3; 
FY07/08: 11; 
FY06/07: 5. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
FY08/09: 0; 
FY07/08: 0; 
FY06/07: 1. 

[End of table] 

State: Vermont: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
21 V.S.A. § 495 (sexual orientation and gender identity).[Footnote 48] 

Definition of "sexual orientation": 
"Female or male homosexuality, heterosexuality, or bisexuality" but 
"shall not be construed to protect conduct otherwise proscribed by 
law." 1 V.S.A. § 143. 

Does statute prohibit discrimination on the basis of gender identity?
Yes. 

Definition of "gender identity": 
"An individual's actual or perceived gender identity or gender-related 
characteristics intrinsically related to an individual's gender or 
gender identity, regardless of the individual's assigned sex at birth." 
1 V.S.A. § 144. 

Minimum number of employees for coverage: 
1. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt?
No. 

Does statute apply to government employers?
Yes (see also footnote 48). 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
[Footnote 49] 
2008: 45; 
2007: 41; 
2006: 38. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
2008: 4; 
2007: 4; 
2006: 2. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
2008: 1; 
2007: 0; 
2006: N/A because gender identity discrimination was not proscribed at 
the time. 

[End of table] 

State: Washington: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and gender identity: 
Rev. Code Wash. Ann. § 49.60.030 and § 49.60.180 (sexual orientation 
and gender identity). 

Definition of "sexual orientation": 
"Heterosexuality, homosexuality, bisexuality, and gender expression or 
identity." Rev. Code Wash. Ann. § 49.60.040(15). 

Does statute prohibit discrimination on the basis of gender identity?
Yes. 

Definition of "gender identity": 
"Gender expression or identity means 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." Rev. Code Wash. Ann. § 49.60.040(15). 

Minimum number of employees for coverage: 
8. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt? 
No. 

Does statute apply to government employers?
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
FY08/09: 692; 
FY07/08: 791; 
FY06/07: 607. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
FY08/09: 23; 
FY07/08: 25; 
FY06/07: 34. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
The statistics for "sexual orientation" employment discrimination 
complaints also encompass "gender identity" employment discrimination 
complaints. Washington does not track this category separately. 

[End of table] 

State: Wisconsin: 

Statutory provision(s) providing protection from employment 
discrimination on the basis of sexual orientation and/or gender 
identity: 
Wis. Stat. § 111.31 (sexual orientation). 

Definition of "sexual orientation": 
"Having a preference for heterosexuality, homosexuality or bisexuality, 
having a history of such a preference or being identified with such 
preference." Wis. Stat. § 111.32(13m). 

Does statute prohibit discrimination on the basis of gender identity? 
[Footnote 50]
No. 

Definition of "gender identity": 
N/A. 

Minimum number of employees for coverage: 
1. 

Does statute address workplace access to shared facilities?
No. 

Religious organizations exempt?
Yes. 

Non-profit organizations exempt?
No. 

Does statute apply to government employers?
Yes. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available: 
FY08/09: 3,430; 
FY07/08: 3,504; 
FY06/07: 3,502. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is sexual 
orientation: 
FY08/09: 62; 
FY07/08: 56; 
FY06/07: 51. 

Total number of employment discrimination administrative complaints 
filed for the 3 most recent years for which data are available where at 
least one of the claimed bases for discrimination is gender identity: 
The Wisconsin Fair Employment Law does not provide for filing of a 
complaint based on gender identity. 

[End of table] 

[End of enclosure] 

Footnotes: 

[1] Executive Order 13087, issued on May 28, 1998, amended Executive 
Order 11478 to prohibit discrimination based upon sexual orientation 
within executive branch civilian employment. 

[2] These states are California, Colorado, Connecticut, Delaware, 
Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, 
Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode 
Island, Vermont, Washington, and Wisconsin. 

[3] Except where otherwise specified, we use the term "state" 
throughout this correspondence to refer to the District of Columbia as 
well as to the 21 states. 

[4] Additionally, some states may permit gender identity complaints to 
be filed under provisions prohibiting discrimination based on sex, 
sexual orientation, or disability. 

[5] U.S. General Accounting Office, Sexual Orientation-Based Employment 
Discrimination: States' Experience with Statutory Prohibitions, 
[hyperlink, http://www.gao.gov/products/GAO-02-878R] (Washington, D.C.: 
July 9, 2002). 

[6] Specifically, we compared our research to information compiled by 
the Human Rights Campaign and the National Gay and Lesbian Task Force. 

[7] Minnesota's statute defines "sexual orientation" in part as "having 
or being perceived as having an emotional, physical, or sexual 
attachment to another person without regard to the sex of that person," 
or "having or being perceived as having a self-image or identity not 
traditionally associated with one's biological maleness or femaleness." 
Minn. Stat. § 363A.03, Subd. 44. 

[8] The states that do not include such language in their definitions 
are Delaware, the District of Columbia, Maryland, Vermont, and 
Washington. 

[9] These states are California, Colorado, the District of Columbia, 
Illinois, Iowa, Maine, Minnesota, New Jersey, New Mexico, Oregon, Rhode 
Island, Vermont, and Washington. 

[10] Colorado, Illinois, Maine, Minnesota, and Oregon. 

[11] Colorado's statute refers to "transgender status" rather than 
"gender identity." 

[12] Some state laws explicitly state "one." Where a specific number 
was not stated in the law, the states confirmed that the minimum number 
of employees for coverage was one. 

[13] Washington requires 8 and Illinois, Maryland, and Nevada each 
require 15. 

[14] We are using the term "exemption" to include any cases in which a 
state statute provides any sort of exception, however limited, for 
religious organizations. 

[15] Under Maryland statute the employment non-discrimination provision 
does not apply to "[a] religious corporation, association educational 
institution or society with respect to the employment of individuals of 
a particular religion or sexual orientation to perform work connected 
with the carrying on by such corporation, association, educational 
institution or society of its activities." Md. Ann. Code art. 49B, § 
18(2). 

[16] Under Washington law, the definition of employer "does not include 
any religious or sectarian organization not organized for private 
profit." Rev. Code Wash. Ann. § 49.60.040(3). 

[17] Minn. Stat. §§ 363A.20, Subd. 20 and 363A.26(2). 

[18] Minn. Stat. § 363A.20, Subd. 3. 

[19] N.H. Rev. Stat. Ann. § 354-A:2(VII). 

[20] Md. Ann. Code art. 49B, § 15(b); Nev. Rev. Stat. Ann. § 
613.310(2)(c). 

[21] All complaint data in the state tables are reported by state 
fiscal year (generally, July 1 through June 30), except where noted. 

[22] California law also prohibits harassment on all the protected 
bases, including sexual orientation or gender identity harassment; the 
minimum number of employees for this protection is one. 

[23] All complaint data in this table are reported by calendar year. 

[24] Colorado’s statute covers “transgender status.” 

[25] Sexual orientation status was not covered before FY07/08. 

[26] Transgender status was not covered before FY07/08. 

[27] According to a Connecticut official, discrimination based on 
gender identity or expression is treated as a form of discrimination 
because of sex, which is prohibited under Conn. Gen. Stat. § 46a-60. 
The Connecticut Commission on Human Rights and Opportunities treats 
gender identity discrimination in this manner based on a declaratory 
ruling involving a transsexual. See Declaratory Ruling on Behalf of 
John/Jane Doe (November 9, 2000). [hyperlink, 
http://www.ct.gov/chro/cwp/view.asp?a=2526&Q=315942]. 

[28] The District of Columbia uses the federal fiscal year, which runs 
from October 1 through September 30. 

[29] According to a Hawaii official, the Hawaii Civil Rights Commission 
has interpreted the “because of sex” provision of Haw. Rev. Stat. § 378-
2 to include discrimination on the basis of gender identity. (H.R.S. § 
378-2(1)(A) provides, in part: “It shall be an unlawful discriminatory 
practice because of...sex...for any employer to refuse to hire...”) See 
D.R. No. 02-0015, June 29, 2002 (found at [hyperlink, 
http://hawaii.gov/labor/hcrc/decisions/decl_relief_pet/DR15OR.pdf], 
reversed on other grounds, RGIS Inventory v. Hawaii Civil Rights, 104 
Hawaii 158 (2004). 

[30] The minimum number of employees required for application of the 
non-discrimination provisions depends upon the type of employer and/or 
the type of discrimination being alleged. For instance, state and other 
governmental employers need only employ one person. Private employers 
must employ 15 or more employees within Illinois during 20 or more 
calendar weeks within the calendar year of or preceding the alleged 
violation. In cases where the complainant alleges discrimination based 
upon his or her physical or mental handicap unrelated to ability, or 
sexual harassment, the non-discrimination provisions apply if the 
employer employs a minimum of one person. 

[31] Iowa started accepting employment discrimination complaints on the 
basis of sexual orientation and gender identity on July 1, 2007. 

[32] Effective Oct. 1, 2009, article 49B will be recodified as State 
Government Article, § 20-101, et seq., Md. Ann. Code. 

[33] The statute exempts a “bona fide private membership club (other 
than a labor organization) which is exempt from taxation under § 501(c) 
of the Internal Revenue Code.” Md. Ann. Code art. 49B, § 15(b). 

[34] According to a Massachusetts official, the Massachusetts 
Commission Against Discrimination will accept, investigate and 
adjudicate gender identity cases under the section of Massachusetts 
statute prohibiting discrimination on the basis of sex. In addition, 
the official stated that there is state case law concluding that a 
transgender individual could fall within the definition of handicapped. 

[35] Under M.G.L. c. 151B, § 1(5), “[t]he term ‘employer’ does not 
include a club exclusively social, or a fraternal association or 
corporation, if such club, association or corporation is not organized 
for private profit...” 

[36] All complaint data in this table are reported by calendar year. 

[37] See discussion of Minnesota’s religious exemption in the letter 
preceding the state tables. 

[38] Nonpublic service organizations whose primary function is 
providing occasional services to minors are exempt. 

[39] All complaint data in this table are reported by calendar year. 

[40] Tax-exempt private membership clubs are exempt. 

[41] Exclusively fraternal and social clubs are exempt. 

[42] The statute does not cover bi-state entities such as the Port 
Authority of New York and New Jersey. 

[43] All complaint data in this table are reported by calendar year. 

[44] New Mexico’s non-discrimination statute generally applies to 
employers having at least four employees; however, an employer must 
have at least 15 employees for the non-discrimination protections based 
on sexual orientation and gender identity to apply. 

[45] A New York official provided a citation from the Resource Guide to 
the New York State Human Rights Law, 2008 Edition, which states “The 
definition of ‘sexual orientation’ set forth in the Human Rights Law 
does not specifically include transsexuals. However, precedent exists 
under other, pre-existing provisions of the Human Rights Law to the 
effect that post-operative transsexuals are deemed to belong to the 
gender to which they have been surgically reassigned, and that 
discrimination against them is deemed to be sex discrimination. 
Richards v. U.S. Tennis Association, 93 Misc.2d 713, 400 N.Y.S.2d 267 
(Sup.Ct.N.Y.Co. 1977). Furthermore, transsexuals who state that they 
have a disability are protected from discrimination under the 
disability provisions of the Human Rights Law, inasmuch as gender 
dysphoria is a recognized medical condition.” 

[46] New York’s fiscal year runs from April 1 through March 31. 

[47] All complaint data in this table are reported by calendar year. 

[48] This statute is part of the Vermont Fair Employment Practices Act 
(VFEPA) and is the principal statute proscribing sexual orientation and 
gender identity discrimination in employment. Claims alleging 
employment discrimination by private sector or municipal employers are 
enforced by the Civil Rights Unit of the state Attorney General’s 
Office (CRU) and claims against Vermont state employers are enforced by 
the Vermont Human Rights Commission (HRC). VFEPA applies to all private 
and public sector employers. In addition, other non-discrimination 
statutes may also apply to state executive, judicial, and municipal 
employers and are enforced by the Vermont Labor Relations Board and/or 
state courts. 

[49] Pursuant to Vermont’s work-sharing agreement with the Equal 
Employment Opportunity Commission, the CRU and HRC also receive 
complaints alleging employment discrimination in violation of federal 
law. The statistics shown only include those that allege at least one 
violation of the VFEPA. In addition, number of complaints is listed by 
calendar year. 

[50] According to a Wisconsin official, Wisconsin does not specifically 
provide for filing of a discrimination complaint based on gender 
identity. However, depending on the facts of the particular situation, 
an individual with a gender identity issue may be able to bring a claim 
of discrimination based on disability or sex. 

[End of section] 

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