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GAO-10-135R 1 (2009-10-01)

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                                           On October 7, 2009, this document was reissued to
          G     A     0                    include a table that was initially missing.
        Accountabilty  I Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548






       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,'
       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. 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

       '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.

       U.S. General Accounting Office, Sexual Orientation-Based Employment Discrimination: States'
       Experience with Statutory Prohibitions, GAO-02-878R (Washington, D.C.: July 9, 2002).


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

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