Donate
New Democracy Maps

About LGBT Workers in the American Workforce

  • The vast majority of Americans (73% according to the latest poll by the Center for American Progress) believe that workers should be treated fairly and equally and that no one should be fired for reasons that have nothing to do with their job performance. Yet LGBT people continue to face pervasive discrimination in the workplace.
  • According to an analysis of the 2008 General Social Survey by the Williams Institute, more than one-in-four lesbian, gay and bisexual (LGB) employees (27%) reported experiencing employment discrimination based on their sexual orientation in the past five years.
  • The National Transgender Discrimination Survey found that 50% of transgender employees had been harassed at work.

Limited Federal Protections

  • There is no federal law explicitly prohibiting discrimination based on sexual orientation or gender identity.
  • Decisions by a number of federal courts, as well the Equal Employment Opportunity Commission (EEOC), however, indicate that transgender people are protected by federal sex discrimination laws.

Some States with Protections

  • Only a minority of states have legislation that protects workers for being unfairly fired just because they are transgender, though a small majority of states protect workers who are gay.
  • In remaining states, advocates are working to pass nondiscrimination laws. At the federal level, advocates are working to pass the Employment Non-Discrimination Act (ENDA), which would protect workers across the country from unfair discrimination based on sexual orientation and gender identity.

Local Advocacy

  • At the local level, advocates are working with cities and counties to pass non-discrimination ordinances that prohibit employment discrimination by local governments and businesses.
  • An estimated 133 cities and counties in states that lack legislation protecting LGBT workers have passed such ordinances.

We need your help to shine a spotlight on these issues.



Report Co-Authors

Report Partners


Stay Informed

Be the first to know about new reports and MAP news by signing up for our newsletter


Request User Access

A limited set of materials is restricted to the staff and board members of LGBTQ movement organizations. Click below to request user access.

Join MAP

View our privacy policy.

Sexual Orientation Policy Tally

The term “sexual orientation” is loosely defined as a person’s pattern of romantic or sexual attraction to people of the opposite sex or gender, the same sex or gender, or more than one sex or gender. Laws that explicitly mention sexual orientation primarily protect or harm lesbian, gay, and bisexual people. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation.

Gender Identity Policy Tally

“Gender identity” is a person’s deeply-felt inner sense of being male, female, or something else or in-between. “Gender expression” refers to a person’s characteristics and behaviors such as appearance, dress, mannerisms and speech patterns that can be described as masculine, feminine, or something else. Gender identity and expression are independent of sexual orientation, and transgender people may identify as heterosexual, lesbian, gay or bisexual. Laws that explicitly mention “gender identity” or “gender identity and expression” primarily protect or harm transgender people. These laws also can apply to people who are not transgender, but whose sense of gender or manner of dress does not adhere to gender stereotypes.

Choose an Issue

Choose an Issue