Jurisdiction / State Covered Employers Enforcement Agency Categories Protected/Relevant Statute
FEDERAL Employers with 15 or more employees (Title VII and ADA) or more than 20 employees (ADEA). Employers with 50 or more employees in 20 or more work weeks (FMLA). Equal Employment Opportunity Commission Race, Color, National Origin, Religion, Sex (including pregnancy and childbirth), or genetic information (effective November 2009). Also prohibits the collection, use and disclosure of genetic information, with some limited exception (effective November 2009).
1801 L Street, NW
Washington, DC 20507 Title VII, 42 U.S.C. §§ 2000e et seq., The Pregnancy Discrimination Act; (amending Title VII). Age (40+) Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq.
(202) 663-4900
Physical and Mental Disabilities Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. Military leave. 38 U.S.C. §§ 4301 et seq; 29 U.S.C. § 2615; 29 C.F.R. § 825.220. Family and medical leave: 29 C.F.R. §§ 825.104 to 825.109.
National Contact Center
(NCC) P.O. Box 7033
Lawrence, KS 66044
(800) 669-4000
info@ask.eeoc.gov
www.eeoc.gov
Alabama Employers with 20 or more employees; employment agencies and labor organizations (age) No state agency was assigned to enforce the age discrimination law and because employees are not required to pursue an administrative remedy first (ALA. CODE § 25-1-29; Robinson v. Regions Fin. Corp., 242 F. Supp. 2d 1070, 1078 (D. Ala. 2003)), the courts are employees' only recourse. To the extent employees have a parallel federal claim, they must file their charges of discrimination with their local EEOC: Age (40+) and handicap.
State service, political subdivisions of the state, public schools and other employment supported in whole or in part by public funds (handicap). EEOC's Birmingham District Office Ridge Park Place 1130 22nd Street Suite 2000 Birmingham, AL 32205 (205) 212-2100 or (800) 669-4000 www.eeoc.gov/offices. html ALA. CODE §§ 21-7-8, 25-1-20 through 25-1-28.
Alaska All public and private employers, employment agencies, labor organizations and communications media other than social clubs and nonprofit religious, fraternal, charitable, or educational organizations. Alaska State Commission for Human Rights Race, religion, color, national origin, ancestry, age, physical or mental disability, sex, martial status (and changes thereto), pregnancy and parenthood.
800 A St., Ste 204
Anchorage, AK 99501-3669 ALASKA STAT. §§ 18.80.220, 18.80.300(10).
(907) 274-4692 or (800) 478-4692
Arizona The state and its agencies, private employers with 15 or more employees, employment agencies and labor organizations, but not the United States, Indian tribes, bona fide tax-exempt private membership clubs, religious corporations, associations or educational institutions. Arizona Attorney General, Civil Rights Division Race, color, religion, sex, age (40+), disability, national origin, and genetic test results. AIDS/HIV status and testing ARIZ. REV. STAT. ANN.
1275 W. Washington, §§ 41-1461 through 41-1465, 36-661 et seq.
For sexual harassment actions, employer means a person who has one or more employees in the current or preceding calendar year. Phoenix, AZ 85007
(602) 542-5263 or AIDS/HIV status or testing is also prohibited.
(877) 491-5742 ALASKA STAT. §§ 18.80.220, 18.80.300(10).
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Arkansas Applies to all public and private employers that employ nine (9) plus employees in the state, but does not apply to employment by religious entities. No state agency. Race, religion, national origin, ancestry, gender (including pregnancy, childbirth or related medical conditions), or the presence of any sensory, mental or physical disability, genetic testing.
Employees should file charges with local EEOC: ARK. CODE ANN. §§ 11-4-601, 11-5-403, 16-123-102, 16-123-103, 16-123-107.
EEOC's Little Rock Area Office
820 Louisiana Street
Little Rock, AR 72201
(800) 669-4000
www.eeoc.gov/offices.htm
California The discrimination and harassment provisions of the Fair Employment and Housing Act (FEHA) apply to all public and private employers with five or more employees within the state, employment agencies and labor organizations, but not nonprofit religious organizations. Dept. of Fair Employment & Housing Race, religious creed, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition (cancer and genetic characteristics), marital status (including domestic partnershiop), sex (including pregnancy, childbirth or related medical conditions), age (40+), sexual orientation, gender (including gender-identity or the perception that the person has any of these characteristics); denial of family and medical care leave; alcohol and drug abuse, political affiliation.
2000 “O” St., Ste 120
For sexual harassment actions, employer means a person who had one or more employees or a person providing services pursuant to a contract. Sacramento , CA 95814 CAL.GOV'T CODE §§ 12926, 12940, 12949; CAL.LAB.CODE §§ 1025, 1101 et seq.
(916) 445-5523 or (800)884-1684
Colorado All public and private employers employing persons within the state, employment agencies and labor organizations, other than religious organizations not supported in whole or part by taxation or public borrowing. Colorado Civil Rights Division Race, color, creed, sex (including marital status, pregnancy, childbirth and related medical conditions), age (40-70), national origin, ancestry, physical disability (including HIV/AIDS), mental disability, religion and sexual orientation (including transgender individuals) or employer's perception thereof, and lawful activity off employer premises during nonworking hours. Marriage to or plans to marry coworker (exceptions apply).
1560 Broadway
Employers with 25 or more employees (marriage to/plans to marry coworker). This does not apply to religious corporation, association, educational institution or society with respect to employment of individuals of a particular religion to carry out the work of the entity. Suite. 1050 COLO. REV. STAT. ANN. §§ 24-34-301, 24-34-401, 24-34-402, 24-34-402.5, 24-34-402(h)(II); 3 COLO. CODE REGS. § 708-1, rules 70.3, 80.4, 80.8. Phelps v. Field Real Estate Co., 793 F. Supp. 1535 (D. Colo. 1991) (AIDS as disability).
Denver, CO 80202
(303) 894-2997
www.dora.state.co.us/civil-rights/
Connecticut The state and political subdivisions of the state, private employers with three or more employees, employment agencies, and labor organizations. Connecticut Commission on Human Rights and Opportunities Race, color, religious creed, age, marital status (including civil unions), national origin, sex464 (including pregnancy, childbearing capacity, sterilization, fertility and related medical conditions), ancestry, present or past history of mental disability, mental retardation, pregnancy, sexual orientation (actual or perceived), genetic information, learning or physical disabilities, and tobacco use.
21 Grand St.
The antidiscrimination law against sexual orientation does not apply to a religious corporation, entity, association, educational institution or society carrying out the work of the entity. Hartford, CT 06106 CONN. GEN. STAT. ANN. §§ 46a-51, 46a-60, 46a-81c,46a-81p, 46b-3800.
(860) 541-3400
(800) 477-5737 Dwyer v. Yale Univ., Memorandum of Decision Case No. 0130315; 0230323; EEOC No. 16aa200644 (Nov. 29, 2005).
Delaware The state or any political subdivision or board, department , commission, or school district, private employers with four or more employees within the state at the time of the alleged violation, employment agencies, and labor organizations, but not a school, college, university or other educational institution or institution of learning owned in whole or part or managed by a particular religion or by a particular religious corporation, association or society. Delaware Department of Labor, Division of Industrial Affairs Office of Labor Law Enforcement Race, color, religion, creed, sex, (including pregnancy, childbirth, and related medical conditions), national origin, ancestry, age (40+), disability, handicap, marital status, and genetic information.
The handicap discrimination statute only applies to employers with 15 or more employees within the state. 4425 North Market Street DEL. CODE ANN. tit. 19 §§ 710-717, 721-724.
Wilmington, DE 19802
(302) 761-8200
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District of Columbia All public and private employers, professional associations, employment agencies, and labor organizations. Office of Human Rights For every classification, the status may be actual or perceived: race, color, religion, sex (including pregnancy, childbirth and related medical conditions), national origin, age (18+), disability, marital status (including domestic partnership), personal appearance, sexual orientation, gender identity and expression, genetic information, family status, family responsibilities, matriculation, or political affiliation and tobacco use.
441 4th St. NW
Employers with more than five employees must make a reasonable accommodation for an employee's religious observance, unless undue hardship. Suite 570 D.C. CODE ANN. §§ 2-1401.02, 2-1401.03, 2-1401.05, 2-1402.11.
N. Washington, D.C. 20001
Religious, political, charitable or educational organizations may limit employment, or admission to or give preference to persons of the same religion or political persuasion to promote the religious or political principles for which the organization is established. (202) 727-4559
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Jurisdiction Covered Employers Enforcement Agency Categories Protected/Relevant Statute
Florida All public and private employers with 15 or more employees, employment agencies, and labor organizations. Florida Commission on Human Relations, Race, color, religion, sex (possibly pregnancy, childbirth and related medical conditions), national origin, ancestry, age, handicap, marital status, AIDS/HIV status (actual or perceived) and testing, sickle-cell trait, political opinion or affiliation and tobacco use. Genetic testing requires procedural compliance if employment is denied on the basis of genetics.
2009 Apalachee Parkway,
All employers regardless of size regarding sickle-cell trait or testing. Religious, political, charitable or educational organizations may limit employment, or admission to or give preference to persons of the same religious or political principles for which it is established. Suite 100, FL 32301 FLA. STAT. ANN.
(850) 488-7082 §§ 448.075, 760.02, 760.10,
http://fchr.state.fl.is/ 760.40, 760.50(2); City of North Miami v. Kurtz, 653 So. 2d 1025
(Fla. 1995).
Compare Jolley v. Phillips Educ. Group of Cent. Fla., Inc., 1996
U.S. Dist. LEXIS 19832, at **17-18 (M.D. Fla. July 3, 1996)(finding that, because the FCRA is based on Title VII, the FCRA permits a claim for pregnancy-based discrimination)(citing Brand v. Florida Power Corp., 633 So. 2d 504, 507 09 (Fla. Dist. Ct. App. 1994)), with Dragotto v. Savings Oil Co., 2004 U.S. Dist. LEXIS 30069 (M.D. Fla. June 25, 2004) (citing O'Loughlin v. Pinchback, 579 So. 2d 788, 791 (Fla. Dist. Ct. App. 1991)).
Smith v. City of Jacksonville,Corr. Inst., 1991 Fla. Div. Adm. Hear. LEXIS 5990 (Oct. 15, 1991) (gender dysphoria as disability).
Georgia The State and its agencies that employ at least 15 employees (race, color, religion, national origin, sex, disability, age). Georgia Commissioner on Equal Opportunity, Employment Division 229, Peachtree Street NE, Suite 710, International Tower Atlanta, GA 30303-1605 Race, color, religion, national origin, sex, disability (physical or mental impairment), and age (40-70). GA. CODE ANN. §§ 34-1-2, 34-5-3, 34-6A-2, 34-6A-4, 45-19-20 et seq.
(404) 656-1736
Public and private employers with at least one employee (age). (800) 493-OPEN
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Employers with 15 or more employees, employment agency, placement service, training school or center, or labor organization (disability).
Private employees should file charges with their local EEOC:
For sex discrimination in wages only: public and private employers with 10 or more employees. EEOC's Atlanta District Office Sam Nunn Atlanta Federal Center
100 Alabama Street, SW
Suite 4R30
Atlanta, GA 30303
(800) 669-4000
www.eeoc.gov/offices.html
Hawaii All public and private employers, employment agencies, and labor organizations other than the United States with one or more employees. Hawaii Civil Rights Commission, Race, color, religion, sex (including pregnancy, childbirth, and related medical conditions), national origin, ancestry, age, disability (including genetics) sexual orientation (actual or perceived), age, marital status (including marriage to coworkers), politics and arrest and court records. (Note: Gender identity may also be protected under sex by Hawaii's Civil Rights law. See Final Decision and Order Granting Petition for Declaratory Relief, D.R. No. 02- 0015, June 28, 2002. http://hawaii.gov/labor/hcrc/decis ions_drp.shtml. The Supreme Court ruled that the commission lacked jurisdiction over the case, but for now left the substance of the ruling intact.)
830 Punchbowl Street
Religious or denominational institution or organization, or any organization operated for charitable or educational purposes may give preference to individuals of the same religion or denomination or make a selection calculated to promote the religious for which the organization is established or maintained. Room 411 HAW. REV. STAT. ANN. §§ 378-1, 378-2, 378-3. Ross v. Stouffer Hotel Co., 879 P.2d 1037 (Haw. 1994) (marriage to coworkers).
Honolulu, HI 96813
(808) 586-8636
Idaho All public and private employers who hire five employees for each working day in 20 or more calendar weeks in the current or preceding year, employment agencies, and labor organizations. Does not include household servants. Idaho Commission on Human Rights Race, color, religion, creed, sex (including pregnancy, childbirth and related medical conditions), national origin, ancestry, age (40+), and disability.
1109 Main St.,
Religious corporations, associations, societies or education institutions may give preference to individuals of the same religion for work in carrying out religious activities. Suite 400 IDAHO CODE §§ 67-5902, 67-5909, 67-5910; IDAHO ADMIN. CODE r. 45.01.01.010.
Boise, ID 83720-0040
(208) 334-2873 or (888) 249-7025 Genetic information and testing is also prohibited.
IDAHO CODE §§ 39-8301, 39-8303.
Illinois Public and private employers with at least 15 employees within the state, any party to a public contract, employment agencies, and labor organizations, but not elected public officials and members of their immediate personal staff and not nonprofit religious organizations. However, in cases of handicap discrimination or sexual harassment, only one or more employee is required. Illinois Department of Human Rights, Race, color, religion, creed, sex (including pregnancy, childbirth and related medical conditions), sexual orientation (including gender related identity), citizenship status, national origin, ancestry, age (40+), marital status, physical or mental handicap, military status or unfavorable discharge from military service, arrest and criminal history records information, off duty use of lawful products, and genetic information.
100 West Randolph
Religious corporation, association, educational institution, society, or nonprofit nursing institution may give preference to individuals of the same religion for work in carrying out religious activities. Street It is also unlawful for employer to impose restrictions that has the effect of prohibiting a language from being spoken by an employee in communications that are unrelated to work duties. 775 Ill. COMP. STAT. ANN. 5/1-101 et seq., 5/2-102, 5/1-103, 5/1-104; ILL. ADMIN. CODE TIT. 56, § 5210.110. 410 Ill. COMP. STAT. ANN. 513/2. Note: Unfavorable military discharge includes discharges from the Armed Forces of the United States, their Reserve components or any National Guard or Naval Militia which are classified as RE-3 or the equivalent thereof, but does not include those characterized as RE-4 or “Dishonorable.” 775 ILL. COMP. STAT. ANN. 5/1-103(P). But cf. 775 ILL. COMP. STAT. ANN. 5/2-104(3).
Suite 10-100
Chicago, IL 60601
(312) 814-6200
Indiana Public and private employers that employ six or more persons, employment agencies, and labor organizations, but not nonprofit religious or fraternal organizations or social clubs, corporations or associations or religious social clubs, school, educational or charitable institutions. Indiana Civil Rights Commission, Race, religion, color, sex, disability, national origin, ancestry, and age (40-70), tobacco use. IND. CODE ANN. §§ 22-9-1-1 et seq., 22-9-2-1 et seq., 22-9-5-1 et seq.
100 N. Senate Ave.,
For purposes of age discrimination, only one or more employee is required. Room N103
Indianapolis, IN 46204
For purposes of disability discrimination, employers with 15 or more employees, but not the U.S., and Indian tribe or tax exempt 501(c) club. (317) 232-2600 or (800) 628-2909
Iowa Public and private employers employing four or more employees within the state, employment agencies, and labor organizations. Iowa Civil Rights Commission, Grimes State Office Age (18 or more, or otherwise considered an adult), race, color, creed, national origin, religion, sex, pregnancy (including childbirth and related medical conditions), physical or mental disability (including AIDS and positive HIV test), sexual orientation (actual or perceived), and gender identity.
Building, 400 E. 14th
Does not apply to religious institutions or its educational facility, association, corporation, or society with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose. Street, Des Moines IA IOWA CODE §§ 216.2, 216.6.
50319
(515) 281-4121 or (800) 457-4416 Genetic testing is also prohibited.
IOWA CODE § 729.6.
Kansas Public and private employers with at least four employees, employment agencies, labor organizations, and organizations engaged in social service work, nonsectarian organizations, but not nonprofit fraternal or social organizations. Kansas Human Rights Commission, Race, religion, color, sex (including pregnancy, childbirth and related medical conditions), military status, disability, national origin or ancestry, age (40+), and HIV infection.
900 SW Jackson, Suite 568-S
Topeka, KS 66612-1258 KAN. STAT. ANN. §§ 44.1001 et seq.; KAN. STAT. ANN. § 65-6002.
(785) 296-3206 or (888) 793-6874
In addition, the law also prohibits discrimination based on an employee's, or prospective employee's, genetic screening or testing information.
KAN. STAT. ANN. §§ 44-1009, 44-1111 et seq.
Kentucky Private employers with at least eight employees within the state, in each of 20 (or more) calendar weeks in the current or preceding calendar year, employment agencies, and labor organizations. Kentucky Commission on Human Rights Age (40+) race, color, national origin, religion, sex (including pregnancy, childbirth and related medical conditions), mental or physical disability, familial status, HIV status, smokers/ nonsmokers (as long as the person complies with any workplace policy concerning smoking), Sabbath observance.
The Heyburn Bldg. Suite
For purposes of disability discrimination, employer means employing 15 or more employees and shall not include the U.S. government, Indian tribes or bona fide private membership clubs. 700, 332 KY. REV. STAT. §§ 207.130, 207.135, 344.010, 344.030, 344.040; 344.050, 344.060, 344.090, 436.165.
West Broadway
A religious corporation, association, society, school, college, university, or other educational institution may give preference to individuals of the same religion for work in carrying out religious activities. Louisville, KY 40202 (502) 595-4024 or
(800) 292-5566
Louisiana Employers of 20 or more employees within the state, labor organizations, joint labor-management committees, apprenticeship and training programs, and agencies of state and local governments. Louisiana Commission on Human Rights, Race, color, religion, sex, disability, age (40+), sickle cell trait, pregnancy, national origin, genetic information, childbirth and related medical conditions and smoking.
1001, N. 23rd Street,
For the purposes of pregnancy, childbirth and related medical condition discrimination, employers with more than 25 employees. Suite 262, Baton Rouge, LA. REV. STAT. §§ 23:301, 23:302, 23:311, 23:312, 23:322, 23:323, 23:332, 23:341, 23:342, 23:352, 23:368, 51:2231 et seq.
LA 70802
Does not apply to private educational or religious institution or any nonprofit corporation, or a religious school, college, university or other educational institution of learning. (225) 342-6969
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Jurisdiction Covered Employers Enforcement Agency Categories Protected/Relevant Statute
Maine All public and private employers and their agents, employment agencies, and labor organizations. Except for purposes of disability discrimination, does not include nonprofit religious or fraternal corporations or associations, with respect to its members of the same religion, sect or fraternity. Maine Human Rights Commission, Race, color, religion, national origin, ancestry, physical or mental disability, age, sex (including pregnancy and related medical conditions), sexual orientation (actual or perceived, including gender identity or expression), and genetic information.
51 State House Station
Augusta, ME 04333-0051 ME. REV. STAT. ANN. tit. 5, §§ 4553, 4571, 4572, 4572-A.
(207) 624-6050
AIDS/HIV testing, and genetic testing are prohibited.
Id. §§ 19201, 19204-B, 19301,19302.
Maryland Public and private employers with at least 15 employees, employment agencies, and labor organizations, but not bona fide private membership club that is tax-exempt. Maryland Commission on Human Relations Race, color, religion, sex (including pregnancy, childbirth and related medical conditions), age, national origin, marital status, sexual orientation, genetic information, disability (mental and physical impairment, including HIV/AIDS), genetic testing and information, and Sabbath observance.
Suite 900
A religious corporation, association, educational institution or society may hire and employ employees of a particular religion or sexual orientation to perform work carrying out its activities. Schaefer Towers MD. CODE art. 49B, § 15-18; MD. CODE ANN.,LAB. & EMPL § 3-704.
6 Saint Paul Street
Baltimore, MD 21202
(410) 767-8600 or (800) 637-6247
Massachusetts Public and private employers with six or more employees, employment agencies, and labor organizations, but not nonprofit private social clubs, associations and fraternal organizations. Massachusetts Commission Against Discrimination, Age (40+), race, color, religious creed, national origin, ancestry, sex (including pregnancy childbirth and related conditions), sexual orientation (except pedophilia), military status, genetic information, mental illness, AIDS/HIV testing, genetic information, arrest records, and handicap (disability).
One Ashburton Place
A religious or denominational institution, organization, charitable or educational entity may give preference in hiring or employment to members of the same religion or take any action with respect to matters of employment, discipline, faith, internal organization, or ecclesiastical rule, custom, or law which are calculated to promote the religious principles for which it is established or maintained. Room 601 MASS. GEN. LAWS ch. 93, §§ 102 et seq.; ch. 149, § 105A; ch. 151B, §§ 1, 4; ch. 111 § 70F. Lie v. Sky Publ'g Corp., 15 Mass. L. Rptr. 412 (Mass. Super. 2002); Doe v. Yuntis, 15 Mass. L. Rep. 278 (Mass. Super. 2001); Jette v. Honey Farms Mini Market, 2001 Mass. Comm. Discrim. LEXIS 50 (Mass. Commission Against Discrimination Oct 10, 2001) (gender identity can be under disability discrimination).
Boston, MA 02108
(617) 994-6000
Michigan All public and private employers employing one or more employees, employment agencies, and labor organizations. Michigan Department of Civil Rights Lansing Religion, race, color, national origin, sex, disability, age, marital status, familial status, pregnancy, childbirth and related conditions except non-therapeutic abortions not intended to save the life of the mother, height and weight, genetic information, and arrest records.
Executive Office Capitol
Tower Bldg., Suite 800 MICH. COMP. LAWS §§ 37.1102 et seq., §§ 37. 1201 through 37. 1204; 37.2201 through 37.2205a.
Lansing, MI 48933
(517) 335-3165
Minnesota Public and private employers with one or more employees, employment agencies, and labor organizations. Minnesota Department of Human Rights, Race, color, creed, religion, national origin, sex, (including pregnancy, childbirth and related disabilities) marital status (including identity, actions, beliefs of spouse/former spouse), status with regard to public assistance, membership or activity in a local commission, disability (physical, mental or sensory impairment), sexual orientation (actual or perceived, including gender identity, except pedophilia) age (25-70), and us of genetic information and testing.
Army Corps of Engineers Centre
Employers, employment agencies and labor organizations with 15 or more employees must make a reasonable accommodation for employees with a disability. 190 East 5th Street Suite 700 MINN. STAT. ANN. §§ 181.81, 181.974, 363A.03, 363A.08, 363A.20, 263A.26.
St. Paul, MN 55101
Nonprofit religious association, corporation, or society or any religious institution organized for educational purposes may hire and employ employees of a particular religion or sexual orientation to perform work carrying out its activities. (651) 296-5663 or (800) 657-3704
Mississippi All public and private employers. For public employees, Corporate employees' social, civil or political rights, smoking during non-working hours, membership or non-membership in labor union as condition of employment, and breast feeding, race, color, religion, sex, national origin, age or handicap.
All public employers are subject to non discrimination on the basis of race, color, religion, sex, national origin, age or handicap. Mississippi Department of Employment Security MISS. CONST. ANN. art. 7, § 191, 198A, 71-7-33, 71-1-47, 25-9-149.
P.O. Box 1699
Jackson, MS 39215-1699
(601) 321-6021
All other employees should file charges with their local EEOC:
EEOC Jackson Area Office
Dr. A.H. McCoy Federal Building
100 W. Capital St.,
Suite 207,
Jackson, MS 39269
(800) 669-4000
Missouri Employers with at least six employees within the state, employment agencies, and labor organizations, but not corporations and associations owned and operated by religious or sectarian groups. Missouri Commission on Human Rights, Race, color, religion, national origin, sex (including pregnancy, childbirth and related medical conditions), ancestry, age (40-70), disability, AIDS, genetic testing, and off-duty tobacco and alcohol use.
3315 W. Truman Blvd.
Jefferson City, MO MO. REV. STAT. §§ 191.665, 213.010, 213.055, 213.070, 375.1306, 8 CODE STATE REGS. 60-3.040 (16).
651020-1129
(573) 751-3325 The public employment and government contractor executive order prohibits discrimination by government contractors based on race, color, religion, national origin, sex, handicap, age and disabled or Vietnam-era veteran's status. Mo. Exec. Order 87-6, art XIII, § 4.
Montana All public and private employers ,with one or more employees, employment agencies, labor organizations, and training committees, but not non-profit fraternal, charitable or religious association or corporation. Montana Human Rights Bureau Race, creed, religion, color, sex (including pregnancy, childbirth and related medical conditions), physical or mental disability, age, national origin, ancestry, marital status, and off-duty use of lawful products. (The off-duty use of lawful products does not apply to nonprofit organizations whose primary purpose includes discouraging the use of one or more lawful products by the general public). Montana Human Rights Act §§ 49-2-101, 49-2-303(1)(a), 49-2-310, 49-4-101, 49-1-102; MONT. CODE ANN. § 39-2-313.
1625 11th Ave.,
P.O. Box 1728
Helena, MT 59624-1728
(406) 444-2884 or (800) 542-0807
Nebraska Private and non profit employers with at least 15 employees, and any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act regardless of the number of employees, including the State of Nebraska, governmental agencies, and political subdivisions, regardless of the number of employees; employment agencies; labor organizations; government contractors; and joint labormanagement committees, but not the United States, Indian tribes, or bona fide tax-exempt private membership clubs. Nebraska Equal Opportunity Commission, Race, color, national origin, religion, sex (including pregnancy, childbirth and related medical conditions), disability, marital status, age (40-70) HIV/AIDS and genetic testing.
301 Centennial Mall
For age discrimination, employers with 20 or more employees. South, 5th Floor, NEB. REV. STAT. §§ 20-168(1), 48-236, 48-1002, 48-1004, 48-1108, 20-168.
Lincoln, NE 68509-4934
Shall not apply to religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with carrying on religious activities. (402) 471-2024 or Government contractors are covered by the above provisions, except for age and HIV/AIDS, and additionally, there is an executive order for government contractors which reiterates the same protected classes. Neb. Exec. Order No. 1-78.
(800) 642-6112
A school, college, university, or other educational institution or institution of learning may hire and employ employees of a particular religion if learning is directed toward the propagation of a particular religion.
Nevada Public and private employers with 15 or more employees, employment agencies, labor organizations, joint labormanagement committees and government contractors, but not the United States, Indian tribes, or tax-exempt private membership clubs. Nevada Equal Rights Commission Race, color, religion, sex, sexual orientation (actual or perceived), pregnancy, age (40+), disability (physical or mental impairment, not allowing use of service animal, interference with appliance or aid for disability, and HIV), national origin, genetic information or testing, and lawful use of a product during nonworking hours.
1515 East Tropicana
Does not apply to religious corporation, association or society with respect to the employment of individuals of a particular religion to carry out its religious activities. Religious school, college, university or other educational institution or institution of learning may hire employees of a particular religion if the school is directed toward the propagation of a particular religion. Suite 590 NEV. REV. STAT. §§ 613.310, 613.320, 613.330, 613.333, 613.335, 613.345; 1991 Nev. Stat. c359 § 1.
Las Vegas, NV
With respect to unlawful employment discrimination based on sexual orientation, the law does not apply to an organization that is exempt from taxation under 26 U.S.C. 501(c)(3). 89119-6522 There is a separate law for government contractors, with respect to race, color, creed, national origin, sex and age. NEV. REV. STAT. § 338.125(1).
(702) 486-7161
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Jurisdiction Covered Employers Enforcement Agency Categories Protected/Relevant Statute
New Hampshire Employers with six or more employees, the state and its subdivisions, employment agencies, and labor organizations, but not nonprofit religious organizations or nonprofit social, fraternal, or charitable clubs and associations. New Hampshire Commission for Human Rights Age, sex (including pregnancy and pregnancy-related medical conditions), sexual orientation (actual or perceived), race, religious creed, color, marital status, , physical or mental disability, national origin (including ancestry), genetic information, and tobacco use.
2 Chenell Drive
Religious or denominational institution or organization, or any organization operated for charitable or educational purposes may give preference to persons of same religion to promote religion for which it was established. The definition of sexual orientation also does not impose any duty on a religious organization. Concord, NH 03301-8501 N.H. REV. STAT. §§ 275:37-a, 354:A-2, 354:A-7, 141-H:1, 141-H:3.
(603) 271-2767
New Jersey All public and private employers with one or more employees, state and municipal contractors, employment agencies, and labor organizations. New Jersey Dept. of the Attorney General Race, creed, color, national origin, nationality, ancestry, age (18-70), sex (including pregnancy, childbirth and related medical conditions), marital status, civil union status, domestic partnership status, affectional or sexual orientation, familial status, domestic partnership status, displaying of American flag on person or workstation, atypical hereditary, cellular or blood trait, genetic information, military service, tobacco use and mental and physical disability (including AIDS and HIV-related illnesses); gender identity or expression.
Division on Civil Rights
140 East Front Street, N.J. STAT. §§ 10:5-5, 10:5-12, McConnell v. State Farm Mut. Ins. Co., 61 F. Supp. 2d 356 (D.N.J. 1999); Leahey v. Singer Sewing Co., 302 N.J. Super. 68 (Law Div. 1997) (pregnancy and related conditions as sex discrimination).
6th Floor, PO Box 090
Trenton, NJ 08625-0090 There are two separate statutes which can apply to government contractors, the Government Contractor Discrimination Statute which applies to all government contractors with respect to race, color, creed, national origin, ancestry, marital status, affectional or sexual orientation and sex.
(609) 292-4605
N.J. STAT. § 10: 2-1. In addition, the defense contractor statute applies to defense contractors and covers the same protected classes, except for affectional or sexual orientation. N.J. STAT. § 10:1-10.
New Mexico Employers with four or more employees, the state and all its political subdivisions, employment agencies, government contractors and labor organizations. New Mexico Human Rights Division Race, color, national origin, ancestry, religion, sex (including pregnancy, childbirth and related medical conditions), age (40+), physical or mental handicap, serious medical condition, genetic information, HIV testing and tobacco use.
1596 Pacheco Street
Employers with 15 or more employees, sexual orientation and gender identity are protected. Aspen Plaza, Spousal affiliation, sexual orientation and gender identity (actual or perceived) as noted in the covered entity column.
Suite 103
Employers with 50 or more employees, spousal affiliation is protected. Santa Fe, NM 87502 N.M. STAT. §§ 24-21-1, 24-21-4, 28-1-2, 28-1-7, 28-1-9, 28-10A-1, 50-11-3; N.M. CODE R. § 9.1.1.7 (HH) (2), Cates v. Regents of the N.M. Inst. of Mining & Tech., 954 P.2d 65 (N.M. 1998) (age discrimination).
(800) 566-9471
Religious or denominational institution or organization may impose discriminatory employment practices based upon sexual orientation or gender identity; provided, that the law with respect to sexual orientation and gender identity will apply regarding for-profit activities or nonprofit activities of a religious or denominational institution or religious organization subject to the provisions of section 501(c)(3) of the Internal Revenue Code of 1986, as amended. Government contractors are only covered under the public employment sexual preference executive order. N.M. Exec. Order No. 85-15.
New York Employers with four or more employees, licensing agencies, employment agencies, and labor organizations. New York State Age (18+), race, creed, color, national origin, ancestry, sex, pregnancy, disability, sexual orientation (actual or perceived), genetic predisposition or carrier status, arrest or conviction, military status, lawful off-duty activities, genetic information or testing, and marital status.
Division of Human Rights
Any religious or denominational institution or organization, or any religious organization operated for charitable or educational purposes, may give preference to persons of the same religion or denomination or take such action to promote the religious principles for which it is established. One Fordham Plaza N.Y. Consol. Laws, ch. 18, art. 15, §§ 292, 296.
4th Floor
Bronx, NY 10458 Rentos v. OCE-Office Sys., 1996 U.S. Dist. LEXIS 19060 (S.D.N.Y. 1996); Buffong v. Castle on the Hudson, 2005 N.Y. Misc. LEXIS 3194 (N.Y. Sup. Ct. 2005) (transsexuals can pursue sex discrimination claims).
(718) 741-8400
There is a separate law for government contractors which prohibits discrimination based upon race, creed, color, national origin, sex, age, disability or marital status. N.Y. EXEC. LAW § 312.
North Carolina Employers with at least 15 employees, the state and its agencies, and local government entities. North Carolina Human Age, sex, race, color, national origin, religion, creed, disability/handicap, sickle cell or hemoglobin C trait, genetic testing and AIDS virus/HIV infection or results of AIDS test.
Relations Commission
1318 Mail Service Center N.C. GEN. STAT. §§ 95-28.1, 95-28.1A, 130A-148, 143-422.2, 168.A-1, 168A-3, 168A-5.
Raleigh, NC 27699
(919) 733-7996
North Dakota Private employers with one or more employees, the state and its agencies, employment agencies and labor organizations. North Dakota Race, color, religion, sex (including pregnancy, childbirth, and related disabilities), national origin, age (40+), mental or physical disability, status with regard to marriage or public assistance, participation in lawful activities during nonwork hours off the employers premises and exercising rights under the smoking statute. N.D. CENT. CODE § 14-02.4-02 through 14-02.4-06.
Department of Labor
Human Rights Division
600 E. Boulevard Ave.,
Dept. 406 Bismarck, ND
58505-0340
(701) 328-2660 or (800) 582-8032
Ohio The state and its agencies, employers with four or more employees, employment agencies, joint labormanagement committees, labor organizations. Ohio Civil Rights Commission Race, color, religion, sex (including pregnancy and related conditions), national origin, disability (physical and mental impairments including HIV), military status, age (40+) and ancestry.
30 E. Broad Street 5th Floor
Columbus, OH 43215 OHIO REV. CODE §§ 4112.01, 4112.02, 4112.14
(614) 466- 6715 or (888) 278-7101
There is a separate public works contractor statute which contains a nondiscrimination provision specifying that no discrimination may occur based on race, creed, sex, disability and color.
OHIO REV. CODE § 153.59.
Oklahoma Public and private employers with at least 15 employees, employment agencies, labor organizations and government contractors, but not Indian tribes or bona fide nonprofit membership clubs. Oklahoma Human Rights Commission, Race, color, religion, sex (including pregnancy, childbirth and related medical conditions), national origin, age (40+), tobacco use, genetic testing or information, and handicap (mental or physical impairment).
Jim Thorpe Building
Does not apply to a religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with its religious activities. 2101 North Lincoln OKLA. STAT. tit. 25, §§ 1201, 1301 through 1308; OKLA. STAT. tit. 36, § 3614.2.
Boulevard Room 480
A religious school, college, university, or other educational institution may hire and employ an employee of a particular religion if the educational institution is directed toward the propagation of a particular religion. Oklahoma City, OK 73105 OKLA. ADMIN. CODE § 335:15-3-9.
(405) 521-2360 or
(888) 456-2558
Oregon All public and private employers with one or more employees, employment agencies and labor organizations. Oregon Bureau of Labor & Industries Civil Rights Division Race, color, national origin, ancestry, sex (including pregnancy, childbirth, and related medical conditions), sexual orientation (actual or perceived, including gender identity—effective 1/1/08), religion, age (18+), physical or mental disability (employers with 6 or more employees), genetic screening, expunged juvenile records, personal associations and marital status and family status (family members employed by employer).
800 N.E. Oregon Street, #32
For disability discrimination, employers with six or more employees. Portland, OR 97232 Effective 1/1/08, employees who have made wage claims or reported violations of the minimum wage law, consulted with an attorney about a wage claim, have or is about to testify in any proceedings will be protected under Oregon’s fair employment law.
(971) 673-0761
Church or sectarian religious institution, including a school, hospital or church camp may prefer employee of same religion if employment is closely connected with or related to the primary purposes of the church. OR. REV. STAT. §§ 174.100, 659A.001, 659A.006, 659A.029, 659A.030, 659A.100, 659A142, 659A.303, 659A.309, 695A.318, 695A.030.
OR. REV. STAT. §§ 652.335, 653.060.
Pennsylvania Employers with at least four employees in Pennsylvania, the Commonwealth and any political subdivisions, employment agencies, labor organizations and government contractors. Pennsylvania Human Relations Commission Central Office Race, color, religious creed, ancestry, age (40+), sex, (including pregnancy, childbirth and related medical conditions), national origin, non-job related handicap or disability (physical or mental impairment), use of a guide or support animal, willingness or refusal to perform or participate in abortion (hospital employer’s staff and physicians), and persons who hold general education development certificates rather than high school diplomas.
301 Chestnut Street,
Does not include religious, fraternal, charitable or sectarian corporations or associations (unless supported by government appropriations), except with respect to claims related to race, color, age, sex or handicap discrimination. Suite 300 43 PA. STAT. §§ 951, 954, 955, 955.2; 16 PA. STAT. § 41.102 Government contractors are covered by the Human Relations Commission’s contract compliance regulations. Discrimination based on race, color, national origin, ancestry, religious creed, age and sex is prohibited. 16 PA. CODE §§ 49.2, 49.101.
Harrisburg, PA 17101
(717) 787-4410
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Jurisdiction Covered Employers Enforcement Agency Categories Protected/Relevant Statute
Rhode Island The state and its political subdivisions, employers with at least four employees, employment agencies, labor organizations, licensing agencies and government contractors. Rhode Island Race, color, sex, pregnancy (including childbirth or related medical conditions), ancestral origin, disability (physical or mental impairment), age (40+), sexual orientation (actual or perceived), gender identity or expression (actual or perceived), religion, AIDS testing, genetic testing and tobacco use outside of employment. R.I. GEN. LAWS, §§ 23-6-22, 28-5-1 et. seq., 28-5-5, 28-5-7, 28-6.7-1. State Fair Employment Practices Act.
Commission for Human Rights
Does not apply to a religious corporation, association, educational institution or society with respect to employment of individuals of its religion to perform work to carry out its activities. No duty is imposed on a religious organization on the basis of sexual orientation. 180 Westminster St., 3rd Floor Employers, employment agencies and licensing agencies are prohibited from discriminating against victims of domestic violence. R.I. GEN. LAWS § 12-28-10.
Providence, RI 02903,
(401) 222-2661 The public employment and government contractor law prohibits discrimination on the basis of race, color, religion, sex, pregnancy, national origin, age or handicap by government contractors. R.I. GEN. LAWS § 28-5.1-10.
South Carolina Employers with at least 15 employees, employment agencies, labor organizations and joint labor-management committees, but not Indian tribes and bona fide private membership clubs other than labor organizations. South Carolina Human Affairs Commission Race, religion, color, sex (including pregnancy, child birth and pregnancy related medical conditions) age (40+), national origin, ancestry, disability (physical or mental impairment), and tobacco use outside the work place.
P.O. Box 4490
A business or enterprise on or near an Indian reservation may give preferential treatment to individuals because they are Indians living on or near a reservation. 2611 Forest Drive, S.C. CODE §§ 1-13-10 et seq., 1-13-80, 41-1-85.
Suite 200
A religious corporation, association, educational institution, or society may employ individuals of a particular religion for carrying out work connected to its activities. A religious school, college, university or other educational institution of learning may employ employees of a particular religion if the curriculum of the educational institution is directed toward the propagation of a particular religion. Columbia, SC 29204
(803) 737-7800 or
(800) 521-0725
South Dakota Public and private employers, employment agencies and labor organizations. South Dakota Division of Human Rights Race, color, creed, religion, sex (including pregnancy, childbirth and related medical conditions), disability (physical or mental impairments), blindness and partial blindness, ancestry, national origin, genetic testing and use of genetic information, and tobacco use during nonwork hours. S.D. CODIFIED LAWS §§ 20-13-1 et seq., 60-4-11, 60-2-20.
700 Governors Dr.
Pierre, SD 57501
(605) 773-4493
Tennessee The state and its political subdivisions, employers with at least eight employees within the state, employment agencies, labor organizations and joint labor-management training committees. Tennessee Human Rights Commission Race, creed, color, religion, sex, national origin, and ancestry are prohibited discriminatory classifications for all employers under the Human Rights Act. All employers, excluding joint labormanagement training committees, are prohibited from discriminating based on age (40+).
530 Church Street,
Does not apply to religious corporations, associations, educational institutions, or societies, with respect to the employment of individuals of a particular religion to perform work connected with carrying out its activities. Cornerstone Square TENN. CODE ANN. §§ 4-21-102, 4-21-401 through 4-21-407. Discrimination by all employers against people who use legal agricultural products (tobacco) during nonwork hours or in compliance with the employer’s policy on use of such product is prohibited. TENN. CODE § 50-1-304 (e).
Bldg., Suite 305
Nashville, TN Discrimination against the handicapped is prohibited by public and private employers. TENN. CODE § 8-50-103.
3724-0745
(615) 741-5825 or (800) 251-3589
Texas State and local government entities, employers with at least 15 employees, employment agencies, labor organizations and joint labormanagement committees. Texas Commission on Human Rights, Race, color, disability, religion, sex (including pregnancy, childbirth or related medical conditions), national origin (including ancestry), age (40+) use of genetic test results or employees’ refusal to submit to such tests and HIV/AIDS status and testing.
P.O. Box 13006
A religious corporation, association, society, or educational institution may give preference to members of the same religion. 6330 Highway 290 East, TEX. LABOR CODE ANN. §§ 21-001 et seq.; TEX. HEALTH & SAFETY CODE ANN. §§ 81.101, 81.102.
Suite 250
Austin, TX 78711
(512) 437-3450
Utah The state and its political subdivisions (within state), employers with at least 15 employees, employment agencies, labor organizations, joint labor-management committees and government contractors, but not religious organizations, corporations or associations. Utah Labor Commission, Race, color, sex, pregnancy (including childbirth and pregnancy-related conditions), age (40+), religion, national origin (including ancestry), and disability and use of genetic information and testing.
Antidiscrimination & Labor Division,
A religious school, college, university, or other educational institution may hire and employ employees of a particular religion if the curriculum is directed toward a particular religion. 160 East 300 South 3rd Floor, UTAH CODE tit. 34A, ch. 5; UTAH CODE ANN. tit. 34A, §§ 26-45-102, 26-45-103, 34A-5-101, 34A-5-102, 34A-5-106.
Salt Lake City, UT 84111
Does not apply to any business or enterprise on or near an Indian reservation that gives preferential treatment to a native American Indian living on or near an Indian reservation. (801) 530-6801 or (800) 222-1238 The Governor’s Fair Practices for State Government Employment and Contracts requires the inclusion of a nondiscrimination clause in state contracts. Utah Exec. Order July 25, 1986.
Vermont Public and private employers with one or more employees, employment agencies, labor organizations that represent at least five employees and government contractors and subcontractors. Vermont Human Rights Commission, Race, color, religion, sex(including pregnancy), sexual orientation, gender identity (actual or perceived),national origin, ancestry, place of birth, age (18+), HIV status or testing, genetic testing and information and physical/mental condition.
135 State Street Drawer 33,
Any religious or denominational institution or organization, or any organization operated for charitable or educational purposes may give preference to persons of the same religion or denomination, and with respect to discrimination on the basis of sexual orientation or gender identity may take any action in employment matters to promote the religious principles for which it is established. Montpelier, VT 21 VT. STAT. ANN. §§ 494, 495, 495d; 18 VT. STAT. ANN. §§ 9331, 9333.
05633-6301
(802) 828-2480 or Lavalley v. E.C. & A.C. Whiting Co., 692 A.2d 367 (Vt. 1997).
(800) 416-2010
Virginia Public and private employers, employment agencies, labor organizations, joint labormanagement committees. Virginia Council on Human Rights Race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions (including lactation), age (40+), marital status, disability (mental or physical impairments), genetic testing, former members of armed services or in reserve forces of armed services, the National Guard and election officers.
202 North 9th Street,
11th Floor, VA. CODE § 2.2-3900, 2.2-3901, 2.2-2639, 51.5-41. VA. CODE ANN. § 24.2-118.1, § 40.1-28.7.1.
Richmond, VA 23219
(804) 225-2292
Washington Employers with at least eight employees, employment agencies, labor organizations and government contractors, but not nonprofit religious or sectarian organizations. Washington State Human Rights Commission Age (40+), sex (including pregnancy), sexual orientation, marital status, race, creed, color, national origin, ancestry, the presence of any sensory, mental or physical disability, use of a trained dog guide or service animal by a disabled person, the results of a HIV or Hepatitis C test, genetic information and testing, and using sick leave to care for a child or family member.
711 South Capitol Way, #402
P.O. Box 42490 WASH. REV. CODE §§ 49.12.175, 49.44.090, 49.60.010, 49.60.030, 49.60.172, 49.60.180; WASH. ADMIN. CODE 296-130-035.
Olympia, WA
98504-2490 Government contractors are covered by an executive order that prohibits discrimination based on race, color, national origin, ancestry and religion. Wash. Exec. Order, Art. III, Aug. 22, 1966.
(360) 753-6770 or
(800) 233-3247
West Virginia The state and its political subdivisions, employers with at least 12 persons within the state, employment agencies, training committees and labor organizations, but not private clubs. West Virginia Human Rights Commission Age (40+), sex (including pregnancy), sexual orientation, marital status, race, creed, color, national origin, ancestry, the presence of any sensory, mental or physical disability, use of a trained dog guide or service animal by a disabled person, the results of a HIV or Hepatitis C test, genetic information and testing, and using sick leave to care for a child or family member.
1321 Plaza East, Room 108A
Charleston, WV WASH. REV. CODE §§ 49.12.175, 49.44.090, 49.60.010, 49.60.030, 49.60.172, 49.60.180; WASH. ADMIN. CODE 296-130-035.
25301-1400
(304) 558-2616 or Government contractors are covered by an executive order that prohibits discrimination based on race, color, national origin, ancestry and religion. Wash. Exec. Order, Art. III, Aug. 22, 1966.
(888) 676-5546
Wisconsin The state and its agencies, private employers and their agents, employment agencies, labor organizations, licensing agencies and government contractors and subcontractors, but not social clubs or fraternal societies with respect to a particular job for which the club or society seeks to employ or employs a member. Wisconsin Department of Workforce Development, Age (40+), race, creed, color, disability, marital status, sex (including pregnancy, childbirth, maternity leave or related medical condition), HIV testing (applies only to employers and agents of employers), genetic testing, national origin, ancestry, sexual orientation, arrest or conviction record, membership in the national guard or military service, use/nonuse of lawful products off the employers premises during nonworking hours and lie detector testing. WIS. STAT. §§ 103.15, 111.31-111.36, 111-335, 111.395
Equal Rights Division,
A nonprofit religious association, organization or corporation may give preference to an applicant or employee who is a member of the same or a similar religious denomination. 201 E. Washington Ave., Government contractors are covered under a separate statute which prohibits discrimination on the basis of age, race, religion, color, sex, sexual orientation, national origin and physical and mental handicaps. WIS. STAT. § 16.765.
Room A300 P.O. Box
8928 Madison, WI 53708
(608) 266-6860
Wyoming The state and its political subdivisions, employers with at least two or more employees, employment agencies, labor organizations and government contractors, but not religious organizations or associations. Wyoming Dep’t of Employment, Age (40+), sex, race, creed, color, national origin, ancestry, disability and use/ nonuse of tobacco products outside course of employment. WYO. STAT. §§ 27-4-302, 27-9-102, 27-9-105.
Labor Standards Office
1510 E. Pershing Blvd., Government contractors are also covered, but there is no protection for age, disability or tobacco use under the government contractor executive order. Wyo. Exec. Order 1976-6, § 2-3.
West Wing Cheyenne,
WY 82002
(307) 777-7261