Employment Discrimination Law in The United States - State Law

State Law

State statutes also provide extensive protection from employment discrimination. Some laws extend similar protection as provided by the federal acts to employers who are not covered by those statutes. Other statutes provide protection to groups not covered by the federal acts. Some state laws provide greater protection to employees of the state or of state contractors.

The following table lists protected categories not included in federal law. Age is included as well, since federal law only covers workers over 40.

State or territory Sexual orientation Gender identity Marital status Medical condition Political affiliation Military discharge status Age Familial status Public assistance status Use of lawful product
Alabama (40+)
Alaska (unknown age range) (parenthood)
California (included under sex) (40+)
Colorado (included under sexual orientation) (unknown age range) (any lawful activity)
Connecticut (included under sex by ruling) (unknown age range)
Delaware (40+)
District of Columbia (gender identity or expression) (including domestic partnership) (18+) "family responsibilities", parenthood under "marital status"
Florida ? (in some cases under disability) (unknown age range)
Georgia (40-70)
Hawaii (unknown age range)
Idaho (40+)
Illinois (included under sexual orientation) ("unfavorable discharge from military service") (40+)
Indiana (40-75) use of tobacco
Iowa (18+ or legal adult)
Kansas (18+)
Kentucky (40+) (smoker/nonsmoker)
Louisiana "sickle cell trait" (40+)
Maine (included under sexual orientation) (unknown age range)
Maryland (unknown age range)
Massachusetts (under sex or disability) (>40)
Minnesota (included under sexual orientation) (over age of majority)
Missouri (40-70)
Nebraska (40+)
Nevada (40+)
New Hampshire (which ages?)
New Jersey (affectional or sexual orientation) (gender identify or expression) (and civil union status, and domestic partnership status) "atypical hereditary cellular or blood trait" (18-70)
New Mexico ("spousal affiliation") "serious medical condition" (unknown age range)
New York ? (in some cases under sex) "political activities" (18+)
North Carolina (sickle cell or hemoglobin C trait)
North Dakota (40+) ("lawful activity")
Ohio (40+)
Oklahoma (40+)
Oregon (18+) use of tobacco
Pennsylvania (40+)
Rhode Island (gender identity or expression) (40+)
South Carolina (40+)
South Dakota
Tennessee (40+)
Texas (40+)
Utah (protected in Salt Lake City only) (protected in Salt Lake City only) (40+)
Vermont (18+)
Virginia (40+)
Washington (included under sexual orientation) Hepatitis C (40+)
West Virginia (40+)
Wisconsin (40+)
Wyoming (40+)
Guam (40+)
Puerto Rico (political affiliation or ideology) (legal working age+)
US Virgin Islands (unknown age range)
State or territory Sexual orientation Gender identity Marital status Medical condition Political affiliation Military discharge status Age Familial status Public assistance status Use of lawful product

In addition,

  • District of Columbia - matriculation, personal appearance
  • Michigan - height, weight
  • Texas - Participation in emergency evacuation order
  • Vermont - Place of birth

Read more about this topic:  Employment Discrimination Law In The United States

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