Employment Discrimination Based on Sexual Orientation and Gender Identity in Arizona

Executive Summary

More than 4% of the American workforce identifies as lesbian, gay, bisexual, or transgender (LGBT). Approximately 119,000 of these workers live in Arizona. Arizona does not have a statewide law that prohibits discrimination based on sexual orientation or gender identity in both public and private sector employment.

This report summarizes recent evidence of sexual orientation and gender identity employment discrimination, explains the limited current protections from sexual orientation and gender identity employment discrimination in Arizona, and estimates the administrative impact of passing a law prohibiting employment discrimination based on these characteristics in the state.

Key Findings

• In total there are approximately 199,000 LGBT adults in Arizona, including over 119,000 who are part of Arizona’s workforce.1
• Media reports and lawsuits document incidents of sexual orientation and gender identity discrimination against employees in Arizona.
• Survey data indicate that discrimination against LGBT workers is prevalent across the country. Most recently, a national survey conducted by the Pew Research Center in 2013 found that 21% of LGBT respondents had been treated unfairly by an employer in hiring, pay, or promotions.
• When transgender people are surveyed separately, they report similar or higher levels of discrimination. For example, as recently as 2010, 78% of respondents to the largest survey of transgender people to date reported having experienced harassment or mistreatment at work, and 47% reported having been discriminated against in hiring, promotion, or job retention because of their gender identity. In response to the survey, 77% of the transgender respondents from Arizona reported experiencing discrimination or harassment at work.
• Census data show that in Arizona, the median income of men in same-sex couples is 26% lower than the median income of men in different-sex marriages.
• A gubernatorial executive order in Arizona provides protection from sexual orientation discrimination for state government employees.
• Four localities in Arizona provide protection from sexual orientation and gender identity discrimination in public and private sector employment by local ordinance. One additional locality protects its own local government workers from discrimination based on sexual orientation and gender identity.
• Approximately 67% of Arizona’s workforce is not covered by a local ordinance that prohibits sexual orientation and gender identity discrimination in public and private sector employment.2
• Private companies may adopt internal non-discrimination policies to improve recruitment and retention of talented employees, to increase employee productivity and customer satisfaction, or to attract a larger customer base. Arizona’s ten largest private employers have policies prohibiting discrimination in employment based on sexual orientation, and at least nine of them also prohibit discrimination based on gender identity.
• Public opinion in Arizona supports the passage of non-discrimination protections for LGBT people. In response to a national poll conducted in 2011, 78% of those polled in Arizona said that Congress should pass a federal law to prohibit employment discrimination based on sexual orientation and gender identity. In addition, other polls have found that 79% of Arizona residents think that LGBT people experience a moderate amount to a lot of discrimination in the state.
• Adding sexual orientation and gender identity to the state’s current non-discrimination law would result in approximately 56 additional complaints being filed with the Arizona Civil Rights Division each year.
• The anticipated new complaints based on sexual orientation and gender identity could likely be absorbed into the existing system with no need for additional staff and negligible costs.

Download the full report