A new report by the Williams Institute at UCLA School of Law finds that millions of LGBT people could gain additional non-discrimination protections if courts interpret state laws consistent with the U.S. Supreme Court's ruling in Bostock v. Clayton County.
In Bostock, the Court held that employment discrimination based on sexual orientation and gender identity is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. Courts have often looked to Title VII case law when interpreting similar provisions in other federal and state laws that apply to housing, public accommodations, education and other areas.
In the current study, researchers analyzed state sex non-discrimination laws in states without statutes that expressly bar discrimination based on sexual orientation and gender identity. They also estimated the number of LGBT people in each state who stand to gain protections under these laws.
Some of the key findings include that:
—Twenty-seven states have laws that prohibit employment discrimination based on sex, but do not expressly cover both sexual orientation and gender identity. However, an additional 3.6 million LGBT employees would gain protections from employment discrimination under state laws if they are interpreted consistent with Bostock.
—Fourteen states have laws that prohibit education discrimination based on sex, but do not expressly cover both sexual orientation and gender identity. However, an additional 790,000 LGBT students aged 15 and older could gain protections from education discrimination under these state laws if they are interpreted consistent with Bostock.
—Twenty-six states have laws that prohibit housing discrimination based on sex, but do not expressly cover both sexual orientation and gender identity. An additional 5.2 million LGBT adults would gain protections from housing discrimination under state laws if they are interpreted consistent with Bostock.
The full report is at williamsinstitute.law.ucla.edu/publications/state-nd-laws-after-bostock/ .
