Publications Discrimination & Violence
Report

Documenting Discrimination in State Employment

September 2009
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This report documents discrimination against LGBT people by state and local government employers. The research was presented to Congress in September 2009 to support the passage of the Employment Non-Discrimination Act.

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Highlights
There is widespread and persistent discrimination based on sexual orientation and gender identity against state government employees.
There is no difference in the pattern and scope of employment discrimination against LGBT people by state governments compared to other employers.
The documented examples far under-represent the actual prevalence of employment discrimination against LGBT people by state and local governments.
Report

Executive Summary

Chapter 1. Estimates of LGBT Public Employees

Chapter 2. Sovereign Immunity and Section 5 of the 14th Amendment

Chapter 3. Constitutional Rights Violated by Employment Discrimination Based on Sexual Orientation or Gender Identity

Chapter 4. Relationship of Sexual Orientation and Gender Identity to Performance in the Workplace

Chapter 5. The Legacy of State Law, Policies, and Practices, 1945 – Present

Chapter 6. Findings of Discrimination by Courts and Legal Scholars

Chapter 7. Findings of Discrimination by State and Local Government Officials

Chapter 8. Congressional Record of Employment Discrimination on the Basis of Sexual Orientation and Gender Identity by Public Employers, 1994-2007

Chapter 9. Surveys of LGBT Public Employees and Their Co-Workers

Chapter 10. Analysis of Wage Gap between LGB Public Employees and Their Co-Workers

Chapter 11. Administrative Complaints on the Basis of Sexual Orientation and Gender Identity

Chapter 12. Specific Examples of Employment Discrimination by State and Local Governments

Chapter 13. Voter Initiatives to Repeal or Prevent Laws Prohibiting Employment Discrimination on the Basis of Sexual Orientation or Gender Identity, 1974 – Present

Chapter 14. Other Indicia of Animus Against LGBT People by State and Local Government Officials, 1980 – Present

Chapter 15. Analysis of State Laws and Executive Orders Prohibiting Employment Discrimination on the Basis of Sexual Orientation or Gender Identity 

Supplementary Material

State Appendices

Acknowledgments

Testimony

Documenting Discrimination in State Employment
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