This summary is not intended, nor should it be construed as legal advice. A list like this one cannot convey the many details about each law, including exemptions and exceptions particular to each statute. However, in a particular case of discrimination, a complete understanding of these details becomes essential. For legal advice, consult with an attorney.
States with Civil Rights Legislation OR Governor’s Executive Orders
There are now 16 states prohibiting employment discrimination i[in public and private areas(shown with a yellow background in the chart below). Executive orders do not carry the same weight or have the same permanence as laws, but are included here for informational purposes.
STATE | CITATION & DATE | PUBLIC EMPLOYMENT | PUBLIC ACCOMMODATIONS | PRIVATE EMPLOYMENT | EDUCATION | HOUSING | CREDIT | UNION PRACTICES |
UNITED STATES OF AMERICA | “Further Amendment to Executive Order 11478 EEO in the federal Government” (5/28/98) | X | ||||||
Alaska | Admin. Order No. 195 (2002) | X | ||||||
Arizona | Executive Order 2003-22 | X | ||||||
California | Labor Code §§ 1101, 1102 & 1102.1 (1992) | X | X | X | X | |||
Colorado | Executive Order 90-13-98 (1990) | X | ||||||
Connecticut | Public Act 91-58 (5/29/91) | X | X | X | X | X | X | X |
Delaware | Executive Order No. 10 (01/23/2001) | X | ||||||
Hawaii | Rev. Stats., §§ 368-1 & 378-2 (3/21/91) | X | X | X | X | X | ||
Illinois | Illinois Human Rights Act as amended by SB3186 in January 2005 | X | X | X | X | X | ||
Indiana | 2001 Employment Policy | X | ||||||
Iowa Repealed December 2000 |
Executive Order No. 7 (9/13/99) | X | ||||||
Kentucky | Executive Order 2003-533 | X | ||||||
Louisiana | Executive Order No. KBB 2004-54 | X | ||||||
Maine | 112nd Maine Leg. Bill LD No.1146. (eff. 6/29/05) | X | X | X | X | X | X | |
Maryland | Senate Bill 205, Antidiscrimination Act of 2001 (5/15/2001). | X | X | X | X | X | ||
Massachusetts | Gen. L., Ch. 151B, §§ 3-4 (West 1995) | X | X | X | X | X | X | X |
Michigan | Executive Order (12/23/03) | X | ||||||
Minnesota | Ch. 22, H.F. No. 585 (4/2/93) | X | X | X | X | X | X | |
Montana | Montana Operations Manual (MOM) Policy No. 3-0630 | X | ||||||
Nevada | NRS 610.010 et seq. (Eff. 10/1/99). 1999 Nev. Assem. Bill No. 311 | X | X | X | ||||
New Hampshire | RSA 21 (as amended by H.B. 421, 3/19/97) | X | X | X | X | |||
New Jersey | Ch. 519, L.N.J. 1991; Hum Rts. Law [C.10:5-3] (1/92) | X | X | X | X | X | ||
New Mexico | HB277 (2004) covers sexual orientation and gender identity | X | X | X | X | X | ||
New York | The Sexual Orientation Non-Discrimination Act (S.720/A.1971) Signed by Governer Pataki on 12/17/02 Goes into effect on 1/16/03 |
X | X | X | X | X | X | |
Ohio Rewritten 1999 |
Executive Order 83-64 (12/30/83) Rewritten 6/99 to exclude gay state employees |
X | ||||||
Oregon | Oregon’s employment discrimination statute (which does not use the words “sexual orientation”) has been interpreted by the Oregon intermediate appellate court and by a federal court in Oregon to prohibit employment discrimination on the basis of sexual orientation. The first case to hold this was Tanner v. Oregon Health Sciences University, 157 Ore. App. 502, 971 P.2d 435 (1998). | X | X | |||||
Pennsylvania | Executive Order No. 1988-1 (1/20/88) | X | ||||||
Rhode Island | 95-H 6678 Sub.A (5/22/95) | X | X | X | X | X | ||
Vermont | Hum. Rts. Law (4/23/92) | X | X | X | X | X | X | X |
Washington | Executive Order 85-09 (12/24/85) | X | ||||||
Washington, DC | Human Rights Act, 1977, D.C.L. 2-38, D.C. Code §1-2541(c) 12/13/77 | X | X | X | X | X | X | X |
Wisconsin | Laws of 1981, Ch. 112 | X | X | X | X | X | X | X |
Source: Lambda Legal Defense and Education Fund (Lambda Legal) posted on their web site (accessed June 17, 2005)