Home Non-discrimination
Laws
Litigation:
Case Law
Hate Crime
Laws

College
and School Policies

Employer
and Union Policies
Medical and Health Care policies Resources Links About
Us


 
Non-Discrimination Laws that include gender identity and expression: 

 Page Menu:

Maps and Charts

U.S. jurisdictions with laws prohibiting discrimination on the basis of gender identity or expression

U.S.  Jurisdictions Prohibiting Discrimination In Public Employment On The Basis of Gender Identity and Expression

Transgender Inclusive Non-Discrimination Bills Introduced Or Soon To Be Introduced in 2009

U.S. Jurisdictions with Policies Regarding Restrooms and Other Gender Specific Facilities

U.S. Jurisdictions with Anti-Bullying and/or Anti-Discrimination Laws That Specifically Enumerate Gender Identity


Maps and Charts

Map of states with non-discrimination laws from the National Gay and Lesbian Task Force (updated 1/2012)

Scope of Explicitly Transgender-Inclusive Non-Discrimination Laws: A joint publication from the Transgender Law and Policy Institute and National Gay and Lesbian Task Force (updated 7/2008)

Jurisdictions with Explicitly Transgender-Inclusive Nondiscrimination Laws including estimates of population covered by such laws (updated 10/2011)

Transgender Issues: A Fact Sheet. (updated 2/2012)

Back to Top

U.S. jurisdictions with laws prohibiting discrimination on the basis of gender identity or expression

Type of jurisdiction Number  
States: 16 + DC
Cities and counties: 143
Total 160
Year Jurisdiction
2011 State of Nevada
State of Connecticut
State of Massachusettes
Susquehanna Township, PA
2009 Nashville, Tennessee
Kalamazoo, MI
2008 Broward, FL
Columbia, SC
Detroit, MI
Gainesville, FL
Hamtramck, MI
Kansas City, MO
Oxford, OH
2007 State of Colorado
State of Iowa
Lake Worth, FL
Milwaukee, WI
Palm Beach County, FL
State of Oregon
Saugatuck, MI
State of Vermont
West Palm Beach, FL
2006 Bloomington, IN
Cincinnati, OH
Easton, PA<
Ferndale, MI
Hillsboro, OR
Johnson County, IA
King County, WA
Lansdowne, PA
Lansing, MI
State of New Jersey
Swarthmore, PA
State of Washington
West Chester, PA
2005 Gulfport, FL
State of Hawaii*
State of Illinois
Indianapolis, IN
Lincoln City, OR
State of Maine
Northampton, MA
Washington, DC
2004 Albany, NY
Austin, TX
Beaverton, OR
Bend, OR
Burien, WA
Oakland, CA
Miami Beach, FL
Tompkins County, NY
2003 State of California
State of New Mexico
Carbondale, IL
Covington, KY
El Paso, TX
Ithaca, NY
Key West, FL
Lake Oswego, OR
Monroe Co., FL
Oakland, CA
Peoria, IL
San Diego, CA
Scranton, PA
Springfield, IL
University City, MO
2002 Allentown, PA
Baltimore, MD
Boston, MA
Buffalo, NY
Chicago, IL
Cook County, IL
Dallas, TX
Decatur, IL
East Lansing, MI
Erie County, PA
New Hope, PA
New York City, NY
Philadelphia, PA
Salem, OR
Tacoma, WA
2001 Denver, CO
Huntington Woods, MI
Multnomah Co., OR
State of Rhode Island
Rochester, NY
Suffolk County, NY
2000 Atlanta, GA
Boulder, CO
DeKalb, IL
Madison, WI
Portland, OR
1999 Ann Arbor, MI
Jefferson County, KY
Lexington-Fayette Co., KY
Louisville, KY
Tucson, AZ
1998 Benton County, OR
Santa Cruz County, CA
New Orleans, LA
Toledo, OH
West Hollywood, CA
York, PA
1997 Cambridge, MA
Evanston, IL
Olympia, WA
Pittsburgh, PA
Ypsilanti, MI
1996 Iowa City, IA
1994 Grand Rapids, MI
San Francisco, CA
1993 State of Minnesota
1992 Santa Cruz, CA
1990 St. Paul, MN
1986 Seattle, WA
1983 Harrisburg, PA
1979 Los Angeles, CA.
Urbana, IL
1977 Champaign, IL
1975 Minneapolis, MN

 

*Hawai'i's non-discrimination law covers only discrimination in housing, not in employment or public accommodations. For more information on what each law covers in Hawai'i and other states, see the joint TLPI-NGLTF comprehensive chart, "Scope of Explicitly Transgender-Inclusive Non-Discrimination Laws".

The Transgender Law and Policy Institute has verified that each jurisdiction listed above has a transgender inclusive non-discrimination law and has on file either the passed ordinance or bill, or the relevant sections of the municipal or state code.

Back to Top

U.S.  jurisdictions prohibiting discrimination in public employment on the basis of gender identity and expression

Through legislative actions:

Alameda County, CA (includes provision of services)

Athens-Clarke County, Georgia

Bellingham, WA

Boise, Idaho

Chapel Hill, North Carolina

Dane County, Wisconsin (also applies to county contractors)

Decatur, Georgia

Houston, Texas

Lansdowne Borough, Pennsylvania

Largo, Florida

Luzerne County, Pennsylvania

Nashville, Tennessee

Pine Lake, Georgia

Rhinebeck, NY

San José, California (also applies to city contractors)

Tequesta, Florida

Wilton Manors, Florida (also applies to city contractors)

Through executive orders:

Delaware (2009; affirming previous Governor's 2001 E.O. No.10)

South Bend, Indiana (2009)

State of Indiana (2004)

State of Kansas (2007)

State of Kentucky (2008)

State of Maryland (2007)

State of Michigan (2007)

State of New York (2009)

New York State Office of the Comptroller (2003)

State of Ohio - Governor Kasich let this executive order expire in January 2011

State of Pennsylvania (2003)

Pennsylvania Department of the Auditor General (2006)

Back to Top

Legislation

Arizona HB 2455
Introduced on February 11, 2009 and assigned to the House Rules Committee, this bill would prohibit discrimination in employment, public accommodations and other areas based on sexual orientation and gender identity.

Arizona SB 1368
Introduced on February 2, 2009 this bill would prohibit discrimination in employment based on sexual orientation and gender identity.

Connecticut HB 6452
This bill was introduced February 11, 2009 and referred to the Joint Judiciary Committee. Hearings were held March 19, 2009. HB 6452 would update Connecticut’s anti-discrimination laws to add gender identity or expression as protected categories in employment and public accommodations.

Florida HB 397/SB 2012
HB 397 was introduced March 3, 2009. SB 2012 was introduced March 5, 2009 and referred to five separate committees. Both bills would amend the Florida Civil Rights Act to add sexual orientation, and gender identity or expression, as well as pregnancy and familial status, as protected categories. Read the full text of house bill here and the senate bill here.

Georgia HB 111
Introduced on January 16, 2009 this bill would provide penalty enhancement for crimes motivated by the victim’s sexual orientation, gender identity, or other traits.

Indiana HB 1250
Introduced on January 12, 2009 and assigned to the House Committee on Public Policy, this bill would extend existing anti-discrimination laws to apply to discrimination in employment and public accommodations motivated by sexual orientation, gender identity, age, disability, and other traits.

Kansas SB 169
This bill passed the Senate Federal and State Affairs Committee on March 19, 2009. On March 23, 2009, it was withdrawn from the Senate calendar and re-referred to the Federal and State Affairs Committee. SB 169 bill would extend existing anti-discrimination laws to apply to discrimination motivated by sexual orientation and gender identity.

Kentucky HB 72
HB 72 was introduced January 6, 2009 and assigned to the House Judiciary Committee. SB 95 was introduced February 9, 2009 and assigned to the Senate Judiciary Committee. The bills died when the legislature adjourned March 30, 2009. HB 72 would have extended existing anti-discrimination laws to apply to discrimination motivated by sexual orientation and gender identity.

Maryland HB 474/SB 566
HB 474 was introduced February 4, 2009 and assigned to the House Health and Government Operations Committee. Hearings were held February 25, 2009. SB 566 was introduced February 6, 2009 and assigned to the Senate Judicial Proceedings Committee. Hearings were held March 4, 2009. The bills died when the session ended April 13, 2009. These bills would have updated existing anti-discrimination laws to add gender identity or expression as protected categories. Read the full text of house bill here and the senate bill here.

Massachusetts HB 1728
An Act Relative to Gender-Based Discrimination and Hate Crimes has been re-introduced for the 2009 legislative session in the House by Representative Carl Sciortino and Representative Byron Rushing (HB 1728) and in the Senate by Senator Benjamin Downing. This bill will make the protection of transgender people explicit, uniform, and visible to the general public. It will include gender identity and expression in the state's non-discrimination statute and will amend existing hate crime laws to explicitly protect people targeted for violence and harassment.

Michigan HB 4192
This bill was introduced February 5, 2009 and assigned to the House Judiciary Committee. HB 4192 would update existing anti-discrimination laws to add sexual orientation, gender identity, and gender expression as protected categories.

Missouri HB 701
Introduced on February 12, 2009 this bill would amend existing laws to prohibit discrimination in employment, public accommodations, and housing based on sexual orientation and gender identity.

Missouri SB 109
This bill was introduced January 7, 2009. Hearings were held before the Senate Progress and Development Committee on February 25, 2009. SB 109 would prohibit discrimination in employment, public accommodations, and housing based on sexual orientation, gender identity, or other traits.

Montana HB 252
This bill was introduced January 14, 2009 and assigned to the House Judiciary Committee. On February 17, 2009, it received a negative vote in committee, and the bill died February 26, 2009 when a deadline for transmitting general bills to the Senate expired. SB 252 would have amended existing anti-discrimination law to prohibit discrimination based on sexual orientation and gender identity. SB 223 would have amended existing hate crimes law to add sexual orientation and gender expression as covered categories.

Montana SB 223
This bill was introduced January 14, 2009 and assigned to the Senate Judiciary Committee. The bill died February 26, 2009 when a deadline for transmitting general bills to the House expired.

New York AB 1006
This bill was introduced January 7, 2009 and assigned to the Assembly Judiciary Committee. AB 1006 would provide that, in any case involving custody of a child, a judge may not prohibit a parent from undergoing gender reassignment surgery as a condition of receiving custody.

New York AB 5710/SB 2406
These bills would update existing anti-discrimination laws to apply to discrimination based on gender identity or expression. AB 5710 received a favorable vote from the House Governmental Operations Committee on April 6, 2009. Read the full text of house bill here and the senate bill here.

North Carolina HB 1049/SB 843
HB 1049 was introduced April 2, 2009 and assigned to the House Education Committee. SB 843 was introduced March 24, 2009 and assigned to the Senate Judiciary Committee. These bills would amend the state personnel act to prohibit employment discrimination based on sexual orientation or gender identity. Read the full text of house bill here and the senate bill here.

North Dakota SB 2278
This bill was introduced January 19, 2009 and assigned to the Senate Judiciary Committee. On February 18, 2009, the Senate voted 27-19 to pass the bill. On April 3, 2009, the House voted 34-54 against the bill. SB 2278 would add sexual orientation, gender identity, and gender expression to existing anti-discrimination laws.

Pennsylvania HB 300
On March 11, 2009, the House State Government Committee voted 12-11 in favor of the bill. The bill is pending before the House. HB 300 would prohibit discrimination in employment, housing, public accommodations and other areas based on sexual orientation and gender identity.

South Carolina SB 73
This bill was introduced January 13, 2009 and assigned to the Senate Judiciary Committee. SB 73 would amend existing employment anti-discrimination law to add sexual orientation and gender identity as protected categories.

South Carolina SB 75
This bill was introduced January 13, 2009 and assigned to the Senate Committee on Labor, Commerce, and Industry. SB 75 would amend existing housing anti-discrimination law to add sexual orientation and gender identity as protected categories.

Texas HB 538
HB 538 was introduced January 12, 2009 and would prohibit employment discrimination based on sexual orientation, gender identity, or gender expression.

Virginia HB 1624
This bill was introduced January 20, 2009 and assigned to the House Education Committee. HB 1624 would provide information for the Board of Education to use in its model policy on bullying and harassment or intimidation, including a definition of bullying, harassment or intimidation that includes behavior motivated by actual or perceived sexual orientation or gender identity.

Virginia HB 2385
This bill was introduced January 14, 2009 and assigned to the House Committee on General Laws. The bill died when the legislature adjourned February 28, 2009. HB 2385 would have prohibited discrimination in public employment based on sexual orientation, gender identity, gender expression, and other traits.

Virginia SB 1247
This bill was introduced January 14, 2009 and assigned to the Senate Committee on General Laws and Technology. The bill was withdrawn January 28, 2009. SB 1247 add sexual orientation, gender identity, and gender expression to the categories protected under the Virginia Human Rights Act.

Back to Top

U.S. Jurisdictions with Policies Regarding Restroom and Gender Specific Facilities

The jurisdictions listed below have explicit language and policies regarding restroom use and other gender specific facilities:

Colorado Effective May 29, 2008, the Colorado Anti-Discrimination Act was expanded to include sexual orientation, inclusive of transgender status, to the list of protected classes for public accommodations. Consequently, transgender people are not required to “prove” they are transgender to use gender-segregated facilities, just as non-transgender individuals should be able to use a restroom or locker room appropriate to their gender identity without having to provide documentation or respond to invasive requests.

Iowa Iowa has put out a series of brochures, the following document is for the Employment section of the law. They too have come to the conclusion that trans people must be allowed to use the restrooms that match their gender identity.

San Francisco San Francisco has guidelines in their administrative code. Not only do they require access according to a person’s gender identity, they also prevent entities from picking out transgender people for having to show documentation of their gender when others are not also asked for documentation.

Washington State Washington State has a compliance checklist for entities, and a frequently asked questions document, that explains that restroom access is to be afforded to individuals based on the gender a person asserts, or their gender identity, depending on the document.

Washington D.C. Washington, DC has also developed regulations covering restrooms, stating that access should be based on a person’s gender identity or expression.

Additionally, here are letters from state level agencies addressing public safety concerns around bathroom use:

Letter from Washington State Human Rights Commission.

Letter from Iowa Civil Rights Commission.

Letter from Colorado Division of Civil Rights.

Letter from California Department of Fair Employment & Housing.

Back to Top

U.S. Jurisdictions with Anti-Bullying and/or Anti-Discrimination Laws That Specifically Enumerate Gender Identity

California Students are protected from discrimination and hate violence on the basis of gender identity and disability as defined under Cal Ed Code § 220 (2002).

Colorado The Colorado Civil Rights Commission expressly defines gender identity and sexual orientation as protected from discrimination and harassment. Click here to read the Commission's regulations.

Illinois Illinois law explicitly prohibits discrimination or harassment of any kind based on gender identity. Click here to view the law.

Iowa has put out a series of brochures about protecting transgender people against discrimination and harassment in schools. Click here to view the Iowa Civil Rights Commission's language on Iowa's Safe Schools Law.

Maine Human Rights Act protetion transgender people from discrimination and bullying in schools. Click here to read the law.

Maryland Maryland's Public Schools Model Policy expressly protects transgender people from bullying, harassment, or intimidation. Click here to read the policy.

Minnesota The anti-discrimination law prohibits discrimination, which includes harassment, based on sexual orientation, defined to include transgender, in education. MINN. STAT. §363A.03 (44) Definition of Sexual Orientation. MINN STAT. §§363A.13 and 363A.23

New Jersey expressly prohibits discrimination and harassment based on sexual orientation and gender identity or expression in public schools. School districts are required to adopt harassment and bullying prevention policies. Notice of the school district's policy shall appear in any publication of the school district that contains the comprehensive rules, procedures and standards of conduct for schools in the district, and in any student handbook. N.J. Stat. 18A:37-13 through 17.

North Carolina law prohibits bullying or harassing behavior by school employees or other students that is reasonably perceived as being motivated by a student’s actual or perceived gender identity. Session Law 2009-12; N.C.Gen. Stat. § 115C-407.5

Oregon The School Governance and Student Conduct law defines gender identity within sexual orientation to protect transgender people from discrimination. Click here to read the law.

Vermont The model policy on prevention of harassment of students includes gender identity. Click here to read the law.

Washington State The Human Rights Commission includes gender identity among groups protected from discrimination and harassment. Click here to read the law.

Washington D.C. District of Columbia law expressly prohibits discrimination based on "personal appearance" and "disability" in relation to the use of or access to facilities and services. D.C. Code § 2-1402.41 (2001). Gender identity is read into the provision under personal appearance, which covers discrimination based on "outward appearance, irrespective of sex, with regard to bodily condition or characteristics, manner or style of dress." D.C. Code § 2-1401.02 (2001).

Back to Top

See also:

The jurisdictions listed above have nondiscrimination laws with statutory language that explicitly includes people of transgender experience. For a list of jurisdictions that have human rights laws that have been interpreted by the courts to cover people of transgender experience, go to jurisdictions with positive case law.


 

 
©  Transgender Law and Policy Institute  2000, 2001, 2002, 2003
Last edited: 02/1/2012