How many states can legally fire you for being gay

Understand the extent of these legal rights and the specific circumstances where they apply. It is illegal for an employer to fire you for being gay. Direct evidence is the most straightforward and includes any communication from your employer stating your sexual orientation was a factor in the termination, such as emails or text messages.

Title VII allows religious institutions, such as churches and religious schools, to give preference in employment to individuals of a particular religion. See state maps that show the laws and policies that affect LGBTQ+ people in areas of non-discrimination, healthcare, youth, and more.

Most Americans incorrectly think that this problem has already been solved.

HRC State Maps

These local protections may also offer broader definitions of discrimination, cover more categories of workers, or have longer deadlines for filing a claim. Many states, counties, and cities have their own laws that ban employment discrimination based on sexual orientation.

Evidence is often circumstantial, which requires showing a connection between your sexuality and the termination. Preserving copies of performance evaluations, emails, and other relevant documents is important for demonstrating a pattern of discriminatory behavior.

This map shows where it's legal. This law prohibits discrimination based on race, color, religion, sex, or national origin. This ruling created a federal standard, ensuring workers in every state have a legal remedy if fired because of their sexual orientation or gender identity.

Millions of LGBTQ Americans can be fired — legally — due to their sexual orientation or gender identity. Federal law, affirmed by a Supreme Court decision, establishes that discrimination based on sexual orientation is a form of sex discrimination.

LGBTQ employment discrimination in the United StatesMap of states that have sexual orientation and gender identity discrimination prohibited in public and/or private employment via state statute, executive order, regulation, and/or case law.

The Supreme Court case, Bostock v. To understand the full scope of your rights, you should consult the anti-discrimination laws in your city and state. This makes sex a necessary factor in the termination, which Title VII prohibits.

In addition to this federal protection, many state and local governments have their own laws that offer broader protections to workers. One exception under federal law is for certain religious organizations. For instance, some state or local ordinances apply to smaller businesses that do not meet the federal employee threshold.

Businesses with fewer than 15 workers are not covered by this federal law, but state or local laws may still offer protection. Keep a log of dates, times, locations, and the names of any witnesses to discriminatory actions. Federal law protects employees from discrimination based on sexual orientation.

These laws are still relevant because they can provide more extensive protections than federal law.

Can an Employer Fire

You should document every relevant detail. Another exception relates to employer size, as Title VII only applies to employers with 15 or more employees. Courts have interpreted this to permit these employers to make employment decisions based on religious doctrines, which may include beliefs about sexual orientation.

A recent UCLA poll found that LGBT people reported much higher rates of being bullied, fired, or denied a job, promotion, or lease compared with heterosexual people. If you believe you were fired due to your sexual orientation, gathering evidence is the first step.

There are specific circumstances where anti-discrimination laws may not apply. And while some states and cities have passed their own protections, there are still 29 states where you can actually be fired for being gay, leaving more than half of all total workers vulnerable to employment discrimination.

Note: Employment discrimination based on sexual orientation or gender identity is also prohibited under federal law. A loss at the Supreme Court would be devastating because it would mean LGBT people have inferior legal protections in every area of life.