GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 

United States Government Accountability Office

Washington, DC 20548 

On October 7, 2009, this document was reissued to 

include a table that was initially missing.

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,1

21 states2

 and the District of Columbia provide such protection in their statutes. 

Thirteen of these states3

 also have statutes explicitly prohibiting discrimination in 

employment on the basis of gender identity.4 Based on your request to update our 2002 

report on this subject,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 

 

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, GAO-02-878R (Washington, D.C.: July 9, 2002). 
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.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),7 define “sexual orientation” as 

including in some form the categories of heterosexuality, homosexuality, and 

bisexuality. All but five8

 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.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 states10 do not 

provide a separate statutory definition for “gender identity.”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 

 

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.” 

Page 2 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
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.12 

Only four states require more than six employees for coverage.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.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.15 Washington 

provides a clear exception for religious organizations.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.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.18 New Hampshire exempts 

 

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. 

Page 3 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
exclusively fraternal and social clubs,19 and Maryland and Nevada exempt private 

membership clubs.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.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. 

Dayna K. Shah 

Managing Associate General Counsel 

Enclosure 

 

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. 

Page 4 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
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 522 

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 

200823: 18,786 

2007: 16,396 

2006: 15,312 

 

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. 

Page 5 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Page 6 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 

Enclosure 

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. 
Enclosure 

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? 

Yes24

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 orientation25

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 identity26

FY08/09: 2 

FY07/08: 1 

 

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. 

Page 7 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure 

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? 

No27

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. 

 

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). http://www.ct.gov/chro/cwp/view.asp?a=2526&Q=315942 

Page 8 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure 

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 

Page 9 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure 

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 available28

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 

 

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

30. 

Page 10 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure 

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? 

No29

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. 

 

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 [b]ecause 

of...sex...[f]or any employer to refuse to hire...”) See D.R. No. 02-0015, June 29, 2002 (found at 

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). 

Page 11 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure 

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 1530

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 

 

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. 

Page 12 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure 

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 

FY07/0831: 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 

 

31 Iowa started accepting employment discrimination complaints on the basis of sexual orientation and 

gender identity on July 1, 2007. 

Page 13 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure

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 

Page 14 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure 

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, 1632 (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? No33

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.” 

 

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). 

Page 15 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure 

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? 

No34

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? Yes35

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 available36

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 

 

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. 

Page 16 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure 

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 selfimage 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? Yes37

Non-profit organizations exempt? No38

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 available39

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 

 

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. 

Page 17 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure 

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. 

Page 18 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure

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? No40

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 

 

40 Tax-exempt private membership clubs are exempt. 

Page 19 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure 

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? No41

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. 

 

41 Exclusively fraternal and social clubs are exempt. 

Page 20 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure 

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? 

Yes42

Total number of employment discrimination 

administrative complaints filed for the 3 most 

recent years for which data are available43

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. 

 

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. 

Page 21 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure 

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 1544

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 

 

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. 

Page 22 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure

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? 

No45

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 

FY08/0946: 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. 

 

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, preexisting 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. 

Page 23 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure

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 available47

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. 

 

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

Page 24 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure

State: RHODE ISLAND

Statutory provision(s) providing protection 

from employment discrimination on the basis 

of sexual orientation and/or gender identity 

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 genderrelated 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 

Page 25 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure 

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 

Page 26 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure

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)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 available49

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 

 

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. 

Page 27 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure 

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 

Page 28 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Enclosure

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. 

Page 29 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 
Page 30 GAO-10-135R Sexual Orientation/Gender Identity Employment Discrimination 

Enclosure

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?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. 

 

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. 
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