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Documenting Discrimination on the Basis of Sexual
Orientation and Gender Identity in State Employment
Testimony of Brad Sears on ENDA Before
the House Committee on Education and Labor, 9/23/2009
Executive Summary
1. Estimates of LGBT Workforce
2. Sovereign Immunity and Section 5 of
the 14th Amendment
3. Constitutional Rights Violated by
Employment Discrimination based on Sexual Orientation or
Gender Identity
4. Relationship of Sexual Orientation and
Gender Identity to Performance in the Workplace
5. The Legacy of State Laws, Policies,
and Practices, 1945-Present
6. Findings of Discrimination by Courts
and Legal Scholars
7. Findings of Discrimination by State
and Local Governments and Officials
8. Congressional Record of Employment
Discrimination on the Basis of Sexual Orientation or
Gender Identity by Public Employers, 1994-2007
9. Surveys of LGBT Public Employees and
Their Co-Workers
10. Analysis of Wage Gap between LGB
Public Employees and Their Co-Workers
11. Administrative Complaints on the
Basis of Sexual Orientation and Gender Identity
12. Specific Examples of Employment
Discrimination by State and Local Governments
13. Voter Initiatives to Repeal or
Prevent Laws Prohibiting Employment Discrimination on
the Basis of Sexual Orientation or Gender Identity,
1974-Present
14. Other Indicia of Animus against LGBT
People by State and Local Government Officials,
1980-Present
15. Analysis of State Laws and Executive
Orders Prohibiting Employment Discrimination on the
Basis of Sexual Orientation and Gender Identity
Acknowledgements
Appendices- 50
State Reports
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