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GAO-02-878R 1 (2002-07-09)

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7=Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548



          July 9, 2002

          The Honorable James M. Jeffords
          The Honorable Edward M. Kennedy
          The Honorable Joseph I. Lieberman
          The Honorable Arlen Specter
          United States Senate

          Subject: Sexual Orientation-Based Employment Discrimination:
                   States' Experience with Statutory Prohibitions

          Three federal statutes-title VII of the Civil Rights Act of 1964, the Americans With
          Disabilities Act, and the Age Discrimination in Employment Act-together make it
          unlawful for an employer to discriminate against an employee on the basis of
          characteristics such as race, color, religion, sex, national origin, disability, and age.
          Twelve states' and the District of Columbia have enacted laws that prohibit
          discrimination in employment on the basis of sexual orientation. As principal
          sponsors of S. 1284, the Employment Non-Discrimination Act of 2001 (ENDA), a bill
          that would make such discrimination a violation of federal law, you asked us to study
          these states' laws and report on the states' experiences with enforcing them.
          Specifically, you asked us to (1) examine the characteristics, coverage, and
          exclusions of the laws, including how they compare with provisions of ENDA and
          (2) gather information concerning the number of complaints filed with the states.

          In response to your request, we reviewed ENDA and the laws in the 13 states. We
          collected data from each state on the numbers of employment discrimination
          complaints filed, and the proportion of those complaints involving sexual orientation,
          for fiscal years 2000 and 2001. All data are as reported by the state agency; we did
          not verify these data. We have also incorporated information contained in our earlier
          reports on this subject.3 We conducted our review between April and June 2002.

          1California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New
          Jersey, Rhode Island, Vermont, and Wisconsin.
          2Except where otherwise specified, we use the word state throughout this correspondence to refer to
          the District of Columbia as well as to the 12 states.
          3U.S. General Accounting Office, Sexual-Orientation-Based Employment Discrimination: States'
          Experience With Statutory Prohibitions, GAO/OGC-98-7R (Washington, D.C.: Oct. 23, 1997); Sexual-
          Orientation-Based Employment Discrimination: States' Experience With Statutory Prohibitions
          Since 1997, GAO/OGC-00-27R (Washington, D.C.: Apr. 28, 2000); Sexual-Orientation-Based
          Employment Discrimination: State and Federal Status, GAO-02-665R (Washington, D.C.: Apr. 19,
          2002).


GAO-02-878R Sexual Orientation-Based Employment Discrimination

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