State Laws on Employment-Related Discrimination
January 2013
Employment-Related Discrimination
Almost all states have adopted discrimination laws related to employment, with protection against discrimination based on various factors, such as race, gender, age, marital status, national origin, religion or disability. Many of the state laws are similar in nature to Federal Civil Rights Laws but may offer additional protections against employment-related discrimination. State laws may apply to public section or private section employment, depending on the state. The 50-state chart includes employers to which the laws apply, exclusions, protected factors, enforcement agencies, complaint process and remedies.
|
State |
Citation |
Covered Employers |
Factors on Which
Discrimination Is Prohibited |
|
Alabama |
Code §§ 21-7-1 and 21-7-8. |
Not specified |
visually handicapped, physically disabled, age |
|
Alaska |
Const. Art. I, §3, Alaska Stat. §§ 18.80.010–18.80.300 |
employers with 1 or more employees, public and private employers, employment agencies, labor organizations, communications, media; |
race, religion, color, national origin, age, physical or mental disability, gender, marital status, pregnancy or parenthood, retaliation |
|
Arizona |
§41-1401 et seq. |
public and private employers, employment agencies, labor organizations |
race, color, religion, gender, age, physical or mental disability, national origin, genetic test results, retaliation, religious or political beliefs |
|
Arkansas |
§§16-123-101 to 108 |
employers who employ 9 or more employees in each of twenty or more calendar weeks in the previous year |
race; religion; national origin; gender; sensory, mental or physical disability, retaliation |
|
California |
Gov’t Code §12900-12926 |
public and private employers, employment agencies, labor organizations with 5 + employees |
race, religious creed, color, gender, national origin, age of persons over 40, physical, mental or visual disability, medical condition, ancestry, arrest record, marital and military status, pregnancy or sexual orientation, retaliation, genetic information, lie-detector tests as condition for hire, or employees who take up to 40 hours per year for school or day care related activities, gender identity, gender expression, same sex relationship, genetic information, religious beliefs, breastfeeding, same sex relationship |
|
Colorado |
§24-34-401 et seq. |
public and private employers, employment agencies, labor organizations |
race, creed, color, gender, age, disability, national origin, ancestry,
applicant's refusal to disclose arrest and criminal records that have been sealed [24-72-308, 24-72-309.] employee's engaging in any lawful activity off the premises of the employer during nonworking hours unless such a restriction relates to a bona fide occupational requirement or is reasonably and rationally related to the employment activities and responsibilities of a particular employee or a particular group of employees, rather than to all employees of the employer, or is necessary to avoid a conflict of interest with any responsibilities to the employer or the appearance of such a conflict of interest [24-34-402.5; criminal records |
|
Connecticut 2 |
§46a-51 to 46a-99. |
public and private employers, employment agencies, labor organizations |
race, color, religion, creed, gender, national origin, age, present or past history of mental disorder, mental retardation, learning disability or physical disability (including but not limited to blindness), ancestry, marital status, pregnancy, retaliation, may not be disqualified from employment by the state or any business licensed by the state solely because of prior conviction of a crime, lie-detector tests, required submission to drug test unless employer has reasonable suspicion employee is under influence of drugs or unless test authorized by federal law, gender identity, gender expression |
|
Delaware |
Title 19, §710-728 |
public and private employers, employment agencies, labor organizations |
race, marital status, genetic information, color, religion, gender, national origin, age, handicap, requiring submission to a polygraph examination, retaliation, sexual orientation; users of legal marijuana |
|
DC ST |
§ 2-1402.11 |
DC government, public and private employers, employment agencies, labor organizations |
race, color, religion, gender, national origin, age between 18 and 65, disability, family responsibilities, marital status, matriculation, personal appearance, political affiliation, or sexual orientation, pregnancy, childbirth, tobacco use, retaliation, use of lie detector; unemployment status |
|
Florida |
§760.01 et seq. |
employers with 15 or more employees for each working day in each of 20 calendar weeks |
race, color, religion, gender, national origin, age, handicap, marital status, AIDS/HIV, sickle-cell trait |
|
Georgia |
§§ 45-19-20 to 45-19-45 (state employment); §§ 34-5-1 to 34-5-7 (equal pay); §§ 34-6A-1 to 34-6A-6 (disabled). |
public and private employers (10+), employment agencies, labor organizations |
In state employment, race, color, religion, national origin, gender, physical disability, or age between 40 and 70, retaliation; In private employment in interstate commerce only, discrimination in pay based on gender and age over 40 |
|
Hawaii |
§378-1 to 69 |
public and private employers, employment agencies, labor organizations |
race, color, religion, sexual orientation, age, gender, disability, ancestry, arrest or court record, marital status, or pregnancy, retaliation, required submission to lie detector tests, except for applicants to law enforcement agencies, HIV infection testing, credit history, gender identity, gender expression, victim of domestic violence |
|
Idaho |
§ 67-5901 to 5912; § 18-7301 Civil Rights |
public and private employers, employment agencies, labor organizations |
race, religion, creed, color, gender, national origin, disability, age (at least 40), retaliation, submission to lie detector tests except in law enforcement. |
|
Illinois |
Art I, §§17-19 and Illinois 775 ILCS 5/2-101 |
public and private employers, employment agencies, labor organizations |
race, color, religion, gender, national origin, age, ancestry, marital status, citizenship status, physical or mental handicap, use of lawful products during off-work hours (tobacco, alcohol, nonprescription drugs), military duty status or discharge status, limited use of genetic testing, retaliation; credit history; pregnancy, ethnicity , military service, pregnancy |
|
Indiana |
§ 22-9-1-3 to 18 |
public and private employers, employment agencies, labor organizations |
race, religion, color, gender, disability, handicap, national origin, ancestry, age, retaliation, gun ownership, criminal records |
|
Iowa |
OAG No. 83-3-4 (2983) and ICA §216.1 et seq.; §730.4-5 |
public and private employers, employment agencies, labor organizations |
age, race, creed, color, gender, national origin, religion, physical or mental disability, genetic test unrelated to occupation, HIV testing, submission to a polygraph or drug test-except for peace or corrections officers
|
|
Kansas 3 |
§44-1002 et seq., & 44-1112 et seq. |
public and private employers, employment agencies, labor organizations, nonsectarian corporations, and organizations engaged in social service work |
race, religion, color, gender, national origin, ancestry, physical handicap, age, genetic test results, retaliation |
|
Kentucky |
§§344.010 et seq., 334.044 and 207-206.160 |
public and private employers, employment agencies, labor organizations |
race, color, religion, national origin, gender, age, disability, HIV (unless absence of virus is bona fide qualification for job), smoking, physical handicap, pregnancy, retaliation, (state employee-political affiliation or convictions) |
|
Louisiana |
§23:301 et seq. |
public and private employers, employment agencies, labor organizations |
age, disability, race, color, sickle-cell disease, religion, gender, pregnancy or related conditions, national origin, criminal conviction |
|
Maine |
Title 5, §4571 |
public and private employers, employment agencies, labor organizations |
race, color, religion, physical or mental disability, ancestry, age, national origin, gender, sexual orientation, retaliation, polygraph or genetic test |
|
Maryland |
State Gov’t Code § 20-602 |
public and private employers, employment agencies, labor organizations |
race, color, religion, gender, age, national origin, marital status, physical or mental handicap, retaliation, sexual orientation, disability, jury service |
|
Massachusetts |
M.G.L.A Ch. 151B, §1(5) |
public and private employers, employment agencies, labor organizations |
race, religious creed, color, national origin, ancestry, gender, age, sexual orientation, handicap (incl. AIDS), genetic information, pregnancy, misdemeanors or arrest information not convicted, lie detector or HTLV III test, sexual harassment |
|
Michigan |
§37.2201 et seq. |
public and private employers, employment agencies, labor organizations |
race, color, religion, gender, national origin, marital status, height, weight, age, pregnancy, childbirth, handicap (incl. AIDS), retaliation, union membership status |
|
Minnesota |
§363A.03 et seq. |
public and private employers, employment agencies, labor organizations |
race, color, creed, religion, national origin, gender, sexual orientation, marital status, acceptance of public assistance benefits or housing, disability, activity in local commission, age, pregnancy, lie detector, drug test, |
|
Mississippi |
§33-1-15 et seq. (military affairs); Miss. Code. Ann. §§ 25-9-149, 43-6-15. |
Military affairs,
Public employees |
race, color, religion, sex, national origin, age, or handicap (blindness, visually handicapped, deaf, or otherwise physically handicapped, unless such disability materially affects performance of the work required by the job), past or present active or reserve military service |
|
Missouri |
VAMS § 213.010-077 |
public and private employers, employment agencies, labor organizations |
race, color, religion, national origin, gender, ancestry, age, gender, familial status, handicap, retaliation |
|
Montana |
§49-2-101; § 39-2-901-914 |
HRA-public and private employers, employment agencies, labor organizations
WDA-any employer |
race, religion, color, national origin, creed, age, physical or mental disability, marital status, gender, pregnancy, lie detector test, retaliation |
|
Nebraska |
§48-1101 et seq. |
public and private employers, employment agencies, labor organizations |
race, color, religion, gender, disability, marital status, national origin, age, pregnancy, retaliation, emergency volunteer status |
|
Nevada § |
613.310–613.430. |
public and private employers, employment agencies, labor organizations |
race, color, religious creed, gender, sexual orientation, age, disability (incl. AIDS), national origin, genetic test results, pregnancy, retaliation, limits on lie detectors, gender expression, gender identity |
|
New Hampshire |
§354-A:2 –A:7 and Adm. Rule 401.01 |
private employers of 6 or more employees, public employers, employment agencies, and labor organizations |
age, gender, race, color, marital status, religious creed, national origin, physical or mental disability, sexual orientation, genetic testing |
|
New Jersey |
§10:5-1 et seq. |
public and private employers, employment agencies, labor organizations |
race, creed, color, national origin, nationality, ancestry, age, gender, sexual orientation, past or present handicap, AIDS/HIV, marital status, presence of an atypical hereditary cellular blood trait, genetic trait, draft status, retaliation, lie detector (in certain circumstances), use of employee assistance programs, military service, unemployment status |
|
New Mexico |
§28-1-2 et seq. |
public and private employers, employment agencies, labor organizations |
race, age, religion, color, national origin, ancestry, gender, physical or mental handicap, serious medical condition, retaliation |
|
New York |
Exec. Law §296 et seq.; Labor Law art. 20-A, §§ 733–739 |
Employers, licensing agencies, employment agencies, and labor organizations |
race, creed, gender, sexual orientation, color, national origin, age, disability (incl. AIDS), disabled persons use of guide, hearing or service dog, pregnancy, predisposing genetic characteristics, military status, marital status, arrest or conviction record, retaliation, lie detector test, sexual orientation, domestic violence victim status, military service |
|
North Carolina |
§143-422.1 et seq. |
public and private employers, employment agencies, labor organizations; provisions regarding off-the-job use of lawful products apply to all public and private employers with 3 or more regularly employed employees |
race, religion, color, national origin, age, gender, handicap or disability, off-duty use of lawful products, sickle-cell trait carriers, retaliation, genetic testing, |
|
North Dakota |
CC §14-02.4-01 et seq. |
employers, employment agencies, and labor organizations |
race, color, religion, gender, national origin, age, physical or mental disability, marital status, acceptance of public assistance, participation in lawful activities during non-work hours, pregnancy, retaliation |
|
Ohio 4 |
§4113.02 et seq. |
public and private employers, employment agencies, labor organizations |
race, color, religion, gender, national origin, disability (Incl. HIV), age, ancestry, pregnancy, juvenile arrest record, retaliation |
|
Oklahoma |
Title 25, §1301(1) et seq. |
public and private employers, employment agencies, labor organizations |
race, color, religion, gender, national origin, age, disability, genetic testing, sex including but not limited to pregnancy or childbirth, religious practices, genetic information |
|
Oregon |
O.R.S § 659A.006 et seq. |
public and private employers, employment agencies, labor organizations |
race, religion, color, gender, national origin, marital and familial status, age, disability, expunged juvenile record, pregnancy, injured workers, retaliation, requiring submission to breathalyzer test, lie detector, genetic testing, use of legal tobacco during non-working hours, person with a degree in theology or religious occupations, domestic violence, credit history, domestic violence, unemployment status, military service |
|
Pennsylvania |
43 PCSA §952 et seq. |
public and private employers, employment agencies, labor organizations |
race, color, familial status, religious creed, ancestry, age, gender, national origin, handicap or disability, use of service animal, refusal to perform abortion or sterilization, retaliation, lie detector test- except law enforcement |
|
Rhode Island |
§28-5-6(6) et seq. |
public and private employers, employment agencies, labor organizations |
race, color, religion, gender, sexual orientation, pregnancy, disability (incl. AIDS), age, country of ancestral origin, retaliation, lie-detector test, domestic abuse order or petition, AIDS, smoking in off-duty hours, 50+ employees employers must adopt and distribute written policy against sexual harassment |
|
South Carolina |
§1-13-20 et seq. |
public and private employers, employment agencies, labor organizations |
race, religion, color, gender, age, national origin, pregnancy, disability, smoking outside of the workplace |
|
South Dakota |
§20-13-10 et seq. |
public and private employers, employment agencies, labor organizations |
race, color, creed, religion, gender, ancestry, disability, national origin, genetic testing, retaliation |
|
Tennessee |
§4-21-202 et seq. |
public and private employers, employment agencies, labor organizations |
race, color, creed, religion, gender, age, national origin, mental or physical handicap (incl. AIDS), retaliation, victim of violence, religious or political beliefs |
|
Texas |
Labor Code §21.051 et seq. |
public and private employers, employment agencies, labor organizations |
race, color, disability, religion, gender, national origin, age, pregnancy, retaliation |
|
Utah |
§34A-5-102 et seq. |
public and private employers, employment agencies, labor organizations |
race, color, gender, pregnancy and related conditions, age, religion, national origin, handicap, retaliation, false alcohol or drug test |
|
Vermont |
Title 21, §495 et seq. |
public and private employers, employment agencies, labor organizations |
race, color, religion, sex, sexual orientation, national origin, age, disability (incl. AIDS), ancestry, place of birth, retaliation, polygraph test-except for jobs involving public safety, sale of precious metals or gems, sale of regulated drugs, or when authorized or required by federal law, drug test-unless told negative result is a condition of employment or employer has probable cause to believe employee under influence of drugs on the job, genetic testing or counseling |
|
Virginia |
§2.2-3900 et seq. |
employers with 5 or more employees |
race, color, religion, national origin, gender, age, marital status, disability |
|
Washington |
§49.60.040 et seq. |
public and private employers, employment agencies, labor organizations |
race, color, creed, religion, gender, national origin, age, mental or physical disability (incl. AIDS), military status, marital status, retaliation, lie detector test-except for employment with law enforcement agencies or manufacturers or distributors of controlled substances, or employment in sensitive positions involving national security, use of guide or service animal, credit information |
|
West Virginia |
§5-11-3 et seq. |
public and private employers, employment agencies, labor organizations |
race, color, religion, sex, national origin, age, disability (incl. AIDS), visual handicap, familial status, or ancestry, retaliation, lie detector test- except for manufacturers or distributors of controlled drugs, and state military or law enforcement entities |
|
Wisconsin |
§§111.32 et seq. and 111.321 et seq. |
public and private employers, employment agencies, labor organizations |
race, color, religion, creed, gender, marital status, national origin, age, handicap, ancestry, arrest record, conviction record, sexual orientation, military status, use or nonuse of lawful products off premises during nonworking hours, retaliation, pregnancy, lie detector test, AIDS test, or genetic test, or declining to attend a meeting or to participate in any communication about religious matters or political matters |
|
Wyoming |
§27-9-102 et seq. |
public and private employers, employment agencies, labor organizations |
race, color, creed, gender, national origin, age, disability, ancestry, off-the-job use of tobacco, retaliation. |
Sources: West's Guide to Employment Law and Regulation, StateNet bill tracking database searches.
Discrimination Based on Off-Duty Conduct
Some states have also addressed employment-related discrimination based on an employee's off-duty conduct, such as use of alcohol or tobacco. Currently 29 states prohibit employment-related discrimination against smokers.
50-State Chart on Off-Duty Conduct Discrimination Laws
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