Employment Discrimination Laws: 50-State Survey

In addition to federal laws, many state laws protect employees from discrimination based on certain characteristics. State laws often provide stronger protections than federal laws. For example, a state anti-discrimination law may apply to smaller employers than the corresponding federal law, define protected traits more broadly, or provide for greater remedies.

Most state anti-discrimination laws forbid discrimination related to race, religion, national origin, age, disability, and sex. (Protection against age discrimination is often limited to employees who are 40 or older, as it is under federal law.) Pregnancy is generally covered as well. Many states also protect sexual orientation, gender identity and expression, and marital or familial status. Some state anti-discrimination laws cover even more characteristics, not all of which can be thoroughly discussed here. If you think that you were treated adversely at work due to a reason other than job performance, you should consider consulting an employment lawyer to find out whether you may have a claim.

Local Anti-Discrimination Laws

If an employee is not covered by either federal or state law, they should explore whether they may be covered by a local law. Some cities and counties have enacted broader protections, such as laws covering smaller employers or a broader range of traits.

While some state anti-discrimination laws cover employers of all sizes, others cover only employers with a certain minimum number of employees. Some laws set the minimum at 15 employees, which is the typical federal threshold, but generally the minimum is lower.

Administrative agencies generally oversee the enforcement of state anti-discrimination laws, similar to how the Equal Employment Opportunity Commission (EEOC) oversees the enforcement of federal anti-discrimination laws. Thus, the first step in a discrimination claim often involves filing a charge with the enforcement agency. In the handful of states that do not have an enforcement agency, an employee may be able to file suit in court directly.

Remedies for discrimination may be both monetary and non-monetary. For example, an employer may be ordered to pay damages and to hire, reinstate, or promote an employee. Damages may be capped or may be limited to certain types of harm. Employees sometimes can recover punitive damages, but these rules are complex and vary by state.

Click on a state below to learn more about employment discrimination claims there. Below each entry, a table indicates whether certain traits are protected by state anti-discrimination laws.

Alabama

The main Alabama employment discrimination law does not protect any traits other than age. Alabama also has no state agency enforcing employment discrimination laws, unlike most states. The age discrimination law applies to employers with 20 or more employees. Remedies, defenses, and statutes of limitations are the same as those provided by the federal Age Discrimination in Employment Act.

Trait Protected?
Race/Color No
National Origin No
Religion No
Age Yes (40 and older)
Disability No
Sex/Gender No
Pregnancy No
Sexual Orientation/Gender Identity or Expression No
Marital/Familial Status No

Alaska

The main Alaska employment discrimination law applies to employers of all sizes. Remedies may include back pay, hiring, reinstatement, upgrading, changes to a personnel record, and training of an employer. Front pay may be available if hiring, reinstatement, or upgrading is inappropriate. Noneconomic and punitive damages are not available through the administrative process. A separate law related to patient rights bars discrimination in seeking employment against people who have been evaluated or treated for mental illness.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes
Disability Yes
Sex/Gender Yes
Pregnancy Yes
Sexual Orientation/Gender Identity or Expression Not explicitly, but ACHR treats it as prohibited by state law
Marital/Familial Status Yes (also parenthood and changes in marital status)

Arizona

The main Arizona employment discrimation law generally applies to employers with 15 or more employees, but sexual harassment prohibitions cover all employers. In addition to the traits listed below, the results of a genetic test are protected by this law. Remedies may include an injunction prohibiting the employer from engaging in the unlawful practice, an order to reinstate or hire an employee, back pay, and potentially a reasonable attorney fee.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (also childbirth and related medical conditions)
Sexual Orientation/Gender Identity or Expression Not explicitly, but ACRD will investigate these claims
Marital/Familial Status No

Arkansas

The main Arkansas employment discrimination law applies to employers with nine or more employees. While Arkansas does not have an enforcement agency, an employee who experiences discrimination may be able to pursue a civil lawsuit. A court may provide injunctive relief from the discrimination, as well as awarding back pay, interest, and potentially litigation costs and reasonable attorney fees. In addition, an employee may recover compensatory and punitive damages, although these are capped based on employer size.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age No (except public employees 40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (also childbirth and related medical conditions)
Sexual Orientation/Gender Identity or Expression No
Marital/Familial Status No

California

The main California employment discrimination law generally applies to employers with five or more employees, but harassment prohibitions apply to employers of all sizes. In addition to the traits listed below, genetic information and veteran and military status are protected by this law. An employee may be able to recover back pay, front pay, out-of-pocket costs, emotional distress damages, and sometimes punitive damages. They also may receive non-monetary remedies, such as hiring, reinstatement, a promotion, or a reasonable accommodation.

Trait Protected?
Race/Color Yes
National Origin Yes (also ancestry)
Religion Yes
Age Yes (40 and older)
Disability Yes (also medical condition)
Sex/Gender Yes
Pregnancy Yes (also childbirth and related conditions)
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status Yes

Colorado

The main Colorado employment discrimination law applies to almost all employers in the state. If an employer has engaged in discrimination, an employee may obtain remedies such as reinstatement, hiring, back pay, front pay, and any other equitable relief that may be appropriate. Compensatory damages for economic and non-economic harm, as well as potentially punitive damages, may be awarded in disparate treatment but not disparate impact cases. Damages are capped based on the size of the employer.

Trait Protected?
Race/Color Yes
National Origin Yes (also ancestry)
Religion Yes
Age Yes (40 and over)
Disability Yes
Sex/Gender Yes
Pregnancy Yes
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status No (except marriage to coworker for employers with over 25 employees)

Connecticut

The main Connecticut employment discrimination law applies to employers with three or more employees. In addition to the traits listed below, genetic information is protected by this law. An employee may be able to obtain various monetary and non-monetary forms of relief. These may include an injunction, compensatory damages, punitive damages, and attorney fees. The amount of attorney fees must not be contingent on the amount of damages requested or awarded. Age discrimination and disability discrimination are defined more broadly than under federal laws.

Trait Protected?
Race/Color Yes
National Origin Yes (also ancestry)
Religion Yes
Age Yes
Disability Yes (including blindness)
Sex/Gender Yes
Pregnancy Yes (including childbirth, lactation, and related conditions)
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status Yes

Delaware

The main Delaware employment discrimination law applies to employers with four or more employees. In addition to the traits listed below, genetic information and status as a victim of domestic violence, a sexual offense, or stalking are protected by this law. A court may order an employer to discontinue or change an employment policy, order an employer to hire, reinstate, or promote an employee, order the payment of compensatory damages and potentially punitive damages, and order the payment of litigation costs and reasonable attorney fees.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status Yes (and reproductive health decisions and family responsibilities)

Florida

The main Florida employment discrimination law applies to employers with 15 or more employees. An employee can file suit once their case with FCHR has been pending for 180 days if FCHR has not decided whether there is reasonable cause. An employee cannot file suit after a no-cause determination but can appeal this finding through the administrative process. Remedies may include an order prohibiting the discriminatory practice and providing affirmative relief from its effects, back pay, and compensatory and punitive damages.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes
Disability Yes (“handicap”)
Sex/Gender Yes
Pregnancy Yes
Sexual Orientation/Gender Identity or Expression Not explicitly, but FCHR will accept these claims
Marital/Familial Status Yes

Georgia

  • Key laws: Georgia Code Section 45-19-29; § 34-6A-4 (disability); § 34-5-1 (equal pay)
  • Enforcement agency: None for employees in the private sector
  • Agency filing deadline: N/A (180 days to file suit under GEEPDC; 1 year to file suit under GEPA)

The main Georgia employment discrimination law is the Fair Employment Practices Act, which is limited to public employers with 15 or more employees. However, the Georgia Equal Employment for Persons With Disabilities Code applies to public and private employers with 15 or more employees, while the Georgia Equal Pay Act applies to public and private employers with 10 or more employees. Georgia also has an age discrimination law, but this is a criminal law that does not provide a private cause of action.

Trait Protected?
Race/Color Only public employees
National Origin Only public employees
Religion Only public employees
Age Yes (between 40 and 70), but see above
Disability Yes
Sex/Gender Only equal pay in private sector
Pregnancy Only public employees
Sexual Orientation/Gender Identity or Expression Only public employees (GCEO interprets GFEPA to include it under “sex”)
Marital/Familial Status No

Hawaii

The main Hawaii employment discrimination law covers employers of all sizes. In addition to the traits listed below, this law protects reproductive health decisions, arrest and court records, and domestic or sexual violence victim status if the employer is aware or on notice. Remedies may include an injunction against engaging in the discriminatory practice, as well as reinstatement, hiring, or upgrading of an employee, backpay, and other equitable relief that may be appropriate. Attorney fees also may be awarded.

Trait Protected?
Race/Color Yes
National Origin Yes (“ancestry”)
Religion Yes
Age Yes
Disability Yes
Sex/Gender Yes
Pregnancy Yes (also childbirth, lactation, and related medical conditions)
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status Yes

Idaho

The main Idaho employment discrimination law applies to employers with five or more employees. Remedies may include an order to cease and desist from an unlawful practice and an order to employ, reinstate, promote, or grant another employment benefit to a victim of discrimination. An employee also may receive actual damages, including lost wages and benefits. Back pay is limited to two years. Punitive damages may be ordered but are capped at $1,000 for each willful violation.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (by Idaho Supreme Court)
Sexual Orientation/Gender Identity or Expression No
Marital/Familial Status No

Illinois

The main Illinois employment discrimination law applies to employers of all sizes. In addition to the traits listed below, protected traits under this law include military status, citizenship status, work authorization status, order of protection status, and (generally) arrest and conviction records. Remedies for employees may include hiring, promotion, reinstatement (or front pay when reinstatement is not possible), back pay, loss of benefits, attorney fees, and compensatory damages for emotional distress, which are not capped. Punitive damages are not available.

Trait Protected?
Race/Color Yes
National Origin Yes (also ancestry)
Religion Yes
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status Yes

Indiana

The main Indiana employment discrimination law is the Indiana Civil Rights Law, which applies to employers with six or more employees. The Indiana Age Discrimination Act is a separate law that applies to employers that are not covered by the ADEA. While the Civil Rights Law covers disability as a protected trait, Indiana has enacted an additional disability discrimination law that is also enforced by the Civil Rights Commission. Remedies under the Civil Rights Law may involve both compensatory damages and injunctive relief, including policy changes.

Trait Protected?
Race/Color Yes
National Origin Yes (and ancestry)
Religion Yes
Age Yes (between 40 and 75)
Disability Yes
Sex/Gender Yes
Pregnancy Not specifically covered, but ICRC may treat as sex discrimination
Sexual Orientation/Gender Identity or Expression No
Marital/Familial Status No

Iowa

The main Iowa employment discrimination law applies to employers with four or more employees. Remedies may include an order requiring the employer to hire, reinstate, or promote the employee. An employee also may recover damages, including damages for subjective forms of harm such as emotional distress, in addition to court costs and reasonable attorney fees. Punitive damages are not available.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes (“creed”)
Age Yes (18 and over)
Disability Yes
Sex/Gender Yes
Pregnancy Yes
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status No

Kansas

The main Kansas employment discrimination law applies to employers with four or more employees. Remedies may include an order requiring the employer to hire, reinstate, or upgrade an employee, with or without back pay, as well as requiring the employer to cease engaging in an unlawful practice. Damages also may be available for “pain, suffering, and humiliation” related to the discrimination, although a $2,000 cap applies. In addition to the traits listed below, genetic information is protected by this law.

Trait Protected?
Race/Color Yes
National Origin Yes (also ancestry)
Religion Yes
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (by regulation)
Sexual Orientation/Gender Identity or Expression Not explicitly, but KHRC will accept these complaints
Marital/Familial Status No

Kentucky

The main Kentucky employment discrimination law generally applies to employers with eight or more employees. Protections involving pregnancy accommodations and disability discrimination apply to employers with 15 or more employees. In addition to discrimination related to the traits listed below, this law prohibits discrimination based on smoking or non-smoking, as long as the employee complies with related workplace policies. An employee may receive an injunction, damages, and litigation costs, including attorney fees.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes (40 and over)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (including childbirth, lactation, and related medical conditions)
Sexual Orientation/Gender Identity or Expression No
Marital/Familial Status No

Louisiana

Most Louisiana employment discrimination laws cover employers with 20 or more employees. A law specific to pregnancy discrimination covers employers with more than 25 employees. Remedies may include compensatory damages, back pay, benefits, reinstatement (or front pay if appropriate), reasonable attorney fees, and court costs. In addition to the traits listed below, sickle cell trait and genetic information are protected by this law.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (also childbirth and related medical conditions)
Sexual Orientation/Gender Identity or Expression No
Marital/Familial Status No

Maine

The primary Maine employment discrimination law applies to employers of all sizes. Remedies may include an order to cease unlawful practices and employ or reinstate an employee, with or without back pay. Compensatory and punitive damages may be available in cases involving employers with 15 or more employees, subject to caps based on employer size. Another law enforced by the Human Rights Commission protects genetic information.

Trait Protected?
Race/Color Yes
National Origin Yes (also ancestry)
Religion Yes
Age Yes
Disability Yes
Sex/Gender Yes
Pregnancy Yes (and resulting medical conditions)
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status Yes

Maryland

The main Maryland employment discrimination law generally applies to employers with 15 or more employees, but claims alleging harassment may be filed against employers of all sizes. Remedies for discrimination may include an injunction against engaging in the discriminatory act, an order to reinstate or hire an employee, up to two years of back pay, and an award of compensatory damages. The amount of compensatory damages is capped based on the size of the employer. Punitive damages may be available if the employer acted with malice. In addition to the traits listed below, genetic information and a refusal to take a genetic test are protected by this law.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes
Disability Yes
Sex/Gender Yes
Pregnancy Yes
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status Yes

Massachusetts

The main Massachusetts employment discrimination law applies to employers with six or more employees. In addition to the traits listed below, military or veteran status and genetic information are protected by this law. An employee may receive both actual and punitive damages, in addition to injunctive relief. A court generally will award reasonable attorney fees and court costs. Employees in age discrimination claims may receive damages worth 2-3 times the amount of actual damages if an act was committed with actual or constructive knowledge that it was illegal.

Trait Protected?
Race/Color Yes
National Origin Yes (also ancestry)
Religion Yes
Age Yes (40 and older)
Disability Yes (“handicap”) (and mental illness)
Sex/Gender Yes
Pregnancy Yes (including lactation and related conditions)
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status No

Michigan

The main Michigan employment discrimination law applies to employers of all sizes. In addition to the traits listed below, height and weight are protected by this law. Remedies under state law are largely the same as remedies under Title VII, including an injunction and damages. However, damages are not capped, and punitive damages are not available. A separate law protecting disability also covers genetic information and is subject to the same procedures.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes
Disability Yes
Sex/Gender Yes
Pregnancy Yes (including childbirth and related medical conditions, but not most abortions)
Sexual Orientation/Gender Identity or Expression Not explicitly, but MDCR treats as a form of sex discrimination
Marital/Familial Status Yes

Minnesota

The main Minnesota employment discrimination law applies to employers of all sizes. An employer who violates this law may be ordered to hire, reinstate, or upgrade an employee, with or without back pay. An employer also may be ordered to pay compensatory damages up to three times the actual damages sustained, damages for mental anguish or suffering, attorney fees, and potentially punitive damages. A separate genetic information discrimination law allows employees to sue in court for damages and equitable relief.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes (generally 18 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (including childbirth and related disabilities)
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status Yes

Mississippi

Mississippi employment discrimination laws generally apply only to public employees, and the state does not have its own enforcement agency. Thus, most employment discrimination claims must be pursued through the federal system, which involves filing a charge with the EEOC and then potentially bringing a claim under Title VII, the ADA, the ADEA, or a similar law.

Trait Protected?
Race/Color Only for public employees
National Origin Only for public employees
Religion Only for public employees
Age Only for public employees
Disability Only for public employees (“handicap”)
Sex/Gender Only for public employees
Pregnancy Only for public employees (by regulation)
Sexual Orientation/Gender Identity or Expression No
Marital/Familial Status No

Missouri

The main Missouri employment discrimination law covers employers with six or more employees. Remedies available to an employee may include an injunction, actual damages, potentially punitive damages, court costs, and reasonable attorney fees. Actual damages may cover items such as future pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses. A separate law prohibits genetic information discrimination, but this may not provide a private right of action.

Trait Protected?
Race/Color Yes
National Origin Yes (and ancestry)
Religion Yes
Age Yes (between 40 and 70)
Disability Yes
Sex/Gender Yes
Pregnancy Not explicitly, but courts and MCHR treat as sex discrimination
Sexual Orientation/Gender Identity or Expression Not explicitly, but may be protected under Missouri Supreme Court decisions
Marital/Familial Status No

Montana

The main Montana employment discrimination law applies to employers of all sizes. While discrimination based on race, color, religion, or national origin is categorically barred, discrimination based on age, disability, marital status, or sex is barred when the reasonable demands of the position do not require this type of distinction. Remedies may include an order to stop and correct the discrimination and adjust employer practices, as well as economic and non-economic damages. Punitive damages are not available.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes
Disability Yes
Sex/Gender Yes
Pregnancy Yes
Sexual Orientation/Gender Identity or Expression Not explicitly, but gender identity discrimination considered part of sex discrimination by Dept. of Labor & Industry
Marital/Familial Status Yes

Nebraska

Most Nebraska employment discrimination laws apply to employers with 15 or more employees, but the age discrimination law applies to employers with 20 or more employees. Common types of unlawful employment practices include failure to hire, failure to promote, harassment, unequal allocation of pay or benefits, unequal access to training programs, and disciplinary actions such as termination or warnings. Attorney fees may be awarded in addition to any damages. A separate law prohibits genetic information discrimination.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (and childbirth and related medical conditions)
Sexual Orientation/Gender Identity or Expression Not explicitly, but NEOC accepts these complaints
Marital/Familial Status Yes

Nevada

The main Nevada employment discrimination law applies to employers with 15 or more employees. The same types of legal and equitable relief are available to employees as those that would be available under Title VII. Certain distinctive procedures apply to appeals of age discrimination claims. In addition to the traits listed below, Nevada protects genetic information and the lawful use of any product outside the premises of the employer if this does not adversely affect job performance or the safety of other employees.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status No

New Hampshire

The main New Hampshire employment discrimination law applies to employers with six or more employees. Remedies may include an order requiring the employer to cease the discriminatory practice, as well as hiring, reinstatement, or upgrading of an employee, with or without back pay. An employer also may be ordered to pay compensatory damages to the employee, and they may be ordered to pay an administrative fine to vindicate the public interest. A separate law on genetic testing discrimination authorizes an employee to sue in court for damages.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes
Disability Yes
Sex/Gender Yes
Pregnancy Yes (and childbirth and related medical conditions)
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status Yes

New Jersey

The main New Jersey employment discrimination law applies to employers of all sizes. In addition to the traits listed below, military status and genetic information are protected by this law. An employer may be required to hire, reinstate, or upgrade an employee, with or without back pay. An employee also may be awarded three-fold damages and compensation for emotional distress to the same extent as is awarded in common-law tort actions. A reasonable attorney fee also may be awarded. Punitive damages may be available in egregious cases.

Trait Protected?
Race/Color Yes
National Origin Yes (and ancestry and nationality)
Religion Yes (“creed”)
Age Yes (18 and older)
Disability Yes (and atypical hereditary cellular or blood traits)
Sex/Gender Yes
Pregnancy Yes (and breastfeeding)
Sexual Orientation/Gender Identity or Expression Yes (and affectional orientation)
Marital/Familial Status Yes (and civil union/domestic partnership status)

New Mexico

The main New Mexico employment discrimination law applies to employers with four or more employees. An employer may be required to pay actual damages and reasonable attorney fees to the employee, as well as taking any affirmative action that the NMHRB considers necessary. Protections against sexual orientation discrimination apply to perceived as well as actual sexual orientation. A separate genetic discrimination law allows an employee to bring an action in court for damages.

Trait Protected?
Race/Color Yes
National Origin Yes (and ancestry)
Religion Yes
Age Yes (limited to 40 and older by New Mexico Supreme Court)
Disability Yes (“handicap”)
Sex/Gender Yes
Pregnancy Yes (and childbirth and related conditions)
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status “Spousal affiliation” (if employer has 50 or more employees)

New York

The main New York employment discrimination law applies to employers of all sizes. In addition to the traits listed below, military status, predisposing genetic characteristics, and domestic violence victim status are protected by this law. Remedies available to an employee may include an order for their hiring, reinstatement, or upgrade, with or without back pay. Compensatory damages also may be awarded, as well as punitive damages in some cases. These damages are not capped. The employer may be assessed civil fines and penalties to be paid to the state, which are capped.

Trait Protected?
Race/Color Yes
National Origin Yes (including ancestry)
Religion Yes (“creed”)
Age Yes (18 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status Yes

North Carolina

The main North Carolina employment discrimination law applies to employers with 15 or more employees. This law does not provide a statutory cause of action, nor can an employee in the private sector file a charge with a state agency, but it may support a common-law claim based on a violation of public policy. Separate laws protect genetic information, sickle cell trait, hemoglobin C trait, HIV/AIDS status, military status, and the lawful use of lawful products during non-working hours. Another law specifically focused on disability discrimination applies to employers with 15 or more employees, but compensatory damages are not available under this law, and an employee cannot sue under this law if they are pursuing an action under the federal ADA.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes (40 and older)
Disability Yes (“handicap”)
Sex/Gender Yes
Pregnancy Not specifically covered by statute
Sexual Orientation/Gender Identity or Expression No (except public employees)
Marital/Familial Status No

North Dakota

The main North Dakota employment discrimination law applies to employers of all sizes. In addition to the traits listed below, this law protects status with respect to public assistance and participation in lawful activity off the employer’s premises during non-working hours if this is not in direct conflict with the essential business-related interests of the employer. The NDHRD or a court may provide equitable relief, such as injunctions and back pay. The NDHRD cannot order compensatory or punitive damages.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (including childbirth and related disabilities)
Sexual Orientation/Gender Identity or Expression Not explicitly, but NDHRD accepts these charges
Marital/Familial Status Yes

Ohio

The main Ohio employment discrimination law applies to employers with four or more employees. In addition to the traits listed below, military status is protected by this law. Administrative remedies may include hiring, reinstating, or promoting the complainant or others affected by the discriminatory action, as well as back pay. Compensatory and punitive damages and attorney fees are generally not available through the administrative process. An employee may file suit in court without filing with OCRC if they are seeking only injunctive relief.

Trait Protected?
Race/Color Yes
National Origin Yes (and ancestry)
Religion Yes
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (and childbirth and related medical conditions and illnesses)
Sexual Orientation/Gender Identity or Expression Not explicitly, but OCRC accepts these charges
Marital/Familial Status No

Oklahoma

The main Oklahoma employment discrimination law applies to employers of all sizes. In addition to the traits listed below, genetic information is protected by this law. Remedies for an employee may include an order requiring hiring, reinstatement, or promotion, as well as back pay and liquidated damages. (Back pay may be reduced by interim earnings or amounts earnable with reasonable diligence.) A court also may order the payment of a reasonable attorney fee. Damages for emotional distress and punitive damages are not available in statutory claims.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (and childbirth and related medical conditions)
Sexual Orientation/Gender Identity or Expression No
Marital/Familial Status No

Oregon

The main Oregon employment discrimination law applies to employers of all sizes. In addition to the traits listed below, numerous other traits are protected by Oregon law, such as military status, genetic information, credit history, and a juvenile record that has been expunged. Discrimination against injured employees who are applying for workers’ compensation benefits is also prohibited. A court may order injunctive and other equitable relief, as well as compensatory damages and punitive damages.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes (18 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (and childbirth and related medical conditions and occurrences)
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status Yes

Pennsylvania

The main Pennsylvania employment discrimination law applies to employers with four or more employees. It protects not only employees but also independent contractors. Remedies may include an injunction preventing the employer from engaging in the discriminatory practice, as well as reinstatement, hiring, back pay, and other legal or equitable relief. Back pay is limited to three years. Local governments may form local human relations commissions, which must notify the PHRC of complaints involving alleged discrimination in their jurisdiction.

Trait Protected?
Race/Color Yes
National Origin Yes (and ancestry)
Religion Yes
Age Yes (40 and older)
Disability Yes (non-job-related; also includes the use of a guide or support animal)
Sex/Gender Yes
Pregnancy Yes (by regulation)
Sexual Orientation/Gender Identity or Expression Not explicitly, but PHRC treats as a form of sex discrimination
Marital/Familial Status No

Rhode Island

The main Rhode Island employment discrimination law covers employers with four or more employees. Liability may be established even if discrimination was not the sole motivation for the employment action or practice. Remedies may include hiring, reinstatement, or upgrading of employees, with or without back pay. Compensatory damages may be awarded even if the employee does not prove that they have suffered physical harm. A separate law allows employees to bring civil actions based on genetic information discrimination.

Trait Protected?
Race/Color Yes
National Origin Yes (country of ancestral origin)
Religion Yes
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (and childbirth and related medical conditions)
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status No

South Carolina

The main South Carolina employment discrimination law applies to employers with 15 or more employees. Remedies may include an injunction against the unlawful employment practice, as well as hiring or reinstatement, potentially with back pay. Different treatment based on religion, sex, age, or national origin is allowed if this is a bona fide occupational qualification reasonably necessary to the normal operation of the business. A covered entity must not conduct a medical examination or ask a job applicant about the existence, nature, or severity of a disability.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (including childbirth, lactation, and related medical conditions)
Sexual Orientation/Gender Identity or Expression No
Marital/Familial Status No

South Dakota

The main South Dakota employment discrimination law applies to employers of all sizes. Remedies may include an order to hire, reinstate, or upgrade an employee, potentially with back pay, as well as compensatory damages. Punitive damages and attorney fees are not available. Employers may differentiate among employees based on professional ability tests if these are not intended or used to discriminate. A separate law allows employees to bring civil actions based on genetic information discrimination.

Trait Protected?
Race/Color Yes
National Origin Yes (and ancestry)
Religion Yes (and “creed”)
Age No
Disability Yes (including blindness)
Sex/Gender Yes
Pregnancy Not covered by statute, but SDDHR states that it is treated similarly to other temporary disabilities under state law
Sexual Orientation/Gender Identity or Expression No
Marital/Familial Status No

Tennessee

The main Tennessee employment discrimination law applies to employers with eight or more employees. Remedies may include injunctions, damages, the costs of the lawsuit, and a reasonable attorney fee. An employer may be required to hire, reinstate, or upgrade an employee, potentially with back pay. Damages may cover non-economic harm, such as humiliation and embarrassment. Compensatory damages are capped based on employer size.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes (40 and older)
Disability Yes (including use of a guide dog)
Sex/Gender Yes
Pregnancy Yes (by state courts)
Sexual Orientation/Gender Identity or Expression No
Marital/Familial Status No

Texas

The main Texas employment discrimination law applies to employers with 15 or more employees. Remedies for an employee may include equitable relief, such as hiring, reinstating, or upgrading the employee, or admitting them to a training program, as well as back pay and court costs. Compensatory damages may be awarded for future pecuniary losses, as well as non-pecuniary losses such as emotional pain and suffering and inconvenience. Punitive damages may be awarded in extreme cases. Damages are capped based on employer size. A separate provision enforced by the Civil Rights Division protects genetic information.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (including childbirth and related medical conditions)
Sexual Orientation/Gender Identity or Expression Not explicitly, but considered part of sex discrimination by a Texas Court of Appeals
Marital/Familial Status No

Utah

The main Utah employment discrimination law applies to employers with 15 or more employees. Utah does not provide a private right of action to sue in court for most violations of state employment discrimination laws. Administrative procedures are thus the main recourse for employees. Remedies may include reinstatement, back pay and benefits, attorney fees, and costs, in addition to an order requiring the employer to cease the discriminatory practice. A separate genetic information discrimination law applies to limited employment situations.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (and childbirth and pregnancy-related conditions)
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status No

Vermont

The main Vermont employment discrimination law applies to employers of all sizes. A separate agency enforces protections for public employees. In addition to the traits listed below, place of birth and crime victim status are protected by this law. Remedies may include compensatory damages, punitive damages, and equitable relief, such as an injunction against the discriminatory practice, restitution of wages or other benefits, reinstatement, reasonable attorney fees, and costs. Damages are not capped. A separate genetic information discrimination law allows employees to bring a civil action for damages and other relief.

Trait Protected?
Race/Color Yes
National Origin Yes (and ancestry)
Religion Yes
Age Yes (18 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (by Vermont Supreme Court)
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status No

Virginia

The main Virginia employment discrimination law generally covers employers with 15 or more employees, although most unlawful discharge claims may be brought against employers with more than five employees. (Unlawful discharge claims involving age may be brought against employers with 6-19 employees.) In addition to the traits listed below, military status is protected by this law. Remedies may include compensatory and punitive damages, reasonable attorney fees, and injunctions. A separate genetic information discrimination law allows employees to sue employers in court.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (and childbirth, lactation, and related medical conditions)
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status Yes

Washington

The main Washington employment discrimination law covers employers with eight or more employees. In addition to the traits listed below, veteran or military status and citizenship or immigration status are protected by this law. Remedies available to employees may include an order requiring the employer to cease its discriminatory practice and to hire, reinstate, or upgrade an employee, with or without back pay. An employee also may receive damages, although damages for humiliation and mental suffering are capped.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes (“creed”)
Age Yes (40 and older)
Disability Yes (including the use of a dog guide or service animal)
Sex/Gender Yes
Pregnancy Yes
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status Yes

Washington, D.C.

The Washington, D.C. employment discrimination law applies to employers of all sizes. In addition to the traits listed below, protected traits under this law include personal appearance, family responsibilities, genetic information, matriculation, political affiliation, credit information, and status as a victim or a family member of a victim of domestic violence, a sexual offense, or stalking. Remedies available to employees may include hiring, reinstatement, upgrading, and back pay, as well as compensatory damages and reasonable attorney fees.

Trait Protected?
Race/Color Yes
National Origin Yes
Religion Yes
Age Yes
Disability Yes
Sex/Gender Yes
Pregnancy Yes (including childbirth, breastfeeding, related medical conditions, and reproductive health decisions)
Sexual Orientation/Gender Identity or Expression Yes
Marital/Familial Status Yes

West Virginia

The main West Virginia employment discrimination law applies to employers with 12 or more employees. Remedies available to employees may include an injunction forbidding the employer from engaging in the discriminatory practice, reinstatement, hiring, back pay, and any other legal or equitable relief that may be appropriate. An employee also may recover some or all of their litigation costs, including reasonable attorney fees and witness fees. Punitive damages may be available in extreme situations, although these are capped.

Trait Protected?
Race/Color Yes
National Origin Yes (and ancestry)
Religion Yes
Age Yes (40 and older)
Disability Yes (including blindness)
Sex/Gender Yes
Pregnancy Yes
Sexual Orientation/Gender Identity or Expression Not explicitly, but federal and state courts have considered it part of sex discrimination
Marital/Familial Status No

Wisconsin

The main Wisconsin employment discrimination law applies to employers of all sizes. In addition to the traits listed below, this law protects military service, arrest and conviction records, the use or non-use of lawful products off the employer’s premises during non-working hours, and abstaining from communications about religious or political matters, among other traits. Related provisions address the use of genetic testing and honesty testing devices. Employees generally do not have a private right of action under the state law.

Trait Protected?
Race/Color Yes
National Origin Yes (and ancestry)
Religion Yes (“creed”)
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes (including childbirth, maternity leave, and related medical conditions)
Sexual Orientation/Gender Identity or Expression Yes (sexual orientation only)
Marital/Familial Status Yes

Wyoming

The main Wyoming employment discrimination law applies to employers with two or more employees. An employee generally may pursue a claim under the state law only through the administrative process and may not file a lawsuit in court. Remedies available to employees may include hiring, retention, reinstatement, or upgrading, as well as back pay or front pay and an order requiring the employer to cease the discriminatory practice. An order must be issued within 14 days of a WDWS decision, requiring the employer to comply.

Trait Protected?
Race/Color Yes
National Origin Yes (and ancestry)
Religion Yes (“creed”)
Age Yes (40 and older)
Disability Yes
Sex/Gender Yes
Pregnancy Yes
Sexual Orientation/Gender Identity or Expression No
Marital/Familial Status No

Employment Law Center Contents   

Related Areas