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Evidence of Employment Discrimination on the Basis of Sexual
Orientation and Gender Identity: Complaints Filed with State
Enforcement Agencies 1999-2007
By M. V. Lee Badgett, Christopher Ramos,
and Brad Sears
November 2008
To more accurately measure the effect of anti-discrimination
laws, this report compares sex, race, and sexual orientation
complaint rates through a population-adjusted model. Today,
twenty states and the District of Columbia prohibit
employment discrimination based on sexual orientation. Of
those, thirteen also prohibit discrimination on the basis of
gender identity. An aggregation of all available state level
data reveals that sexual orientation discrimination laws are
used at similar frequencies by Lesbian, Gay, and Bisexual (LGB)
workers as sex discrimination laws by female workers, both
at 5 complaints per every 10,000 workers. Race complaints
are filed at the higher rate of 7 per 10,000 workers.
Annual Discrimination Complaints
to State Agencies Prohibiting Sexual Orientation and/or
Gender Identity
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Bias in the Workplace:
Consistent Evidence of Sexual Orientation and Gender
Identity Discrimination
By M.V. Lee Badgett, Holning Lau, Brad Sears, and Deborah Ho
June 2007
This report reviews more
than 50 studies over the last decade and demonstrates a
disturbing and consistent pattern: sexual orientation-based
and gender identity discrimination is a common occurrence in
many workplaces across the country. Surveys of GLBT
individuals, studies of the sexual orientation earnings gap,
and controlled experiments all provide evidence of
discriminatory treatment.
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