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| Published: | 2013-Nov-07 |
| Last Updated: | 2014-Feb-20 |
| Principal Writer: | Barry Shatzman |
![]() | Understanding The Issue |
![]() | Gender Identity |
![]() | Race |
![]() | Legislative & Executive Acts |
![]() | What You Can Do |
2019 (HR-5)
Employment Non-Discrimination Act (ENDA)2013 (S-815)
Defense of Marriage Act1996 (HR-3396)
Religious Freedom Restoration Act1993 (HR-1308)
Civil Rights Act of 19681968 (HR-2516)
Civil Rights Act of 19641964 (HR-7152)
(2015) Obergefell v. Hodges
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Job discrimination based on sexual orientation or gender identity
Federal employment anti-discrimination laws do not include sexual orientation or gender identity as protected classes.
Approximately half of the nation's 50 states have laws that ban discrimination based on sexual orientation or gender identity. In states without such laws, a company legally can deny you a job solely on those factors.
In 2013, Congress attempted to enact a law that would prevent employment discrimination based on sexual orientation or gender identity.
The Employment Non-Discrimination Act (ENDA) failed when Republican leadership in the House of Representatives refused to consider it.
Same-sex couples face housing discrimination
Studies have shown the difficulties same-sex couples encounter finding housing as opposed to couples consisting of a male and a female.
A 2013 study sponsored by the Department of Housing and Urban Development (HUD) showed significant discrimination in metropolitan areas.
The study was limited to sending an email to rentals advertised online. Same-sex couples received significantly fewer responses about advertised rentals than did male-female couples.
Click here to view the study.
LGBT youth face disproportionate homelessness and danger
At least 1 out of every 5 homeless youths identify as LGBT. Yet youth who identify as LGBT make up only 10 percent of the general youth population.
The National Alliance to End Homelessness estimates that at least a quarter million LGBT youth experience at least one night of homelessness each year.
The organization lists several possible causes, including family conflict or abuse related to the youth's gender identity.
Once homeless, LGBT youth face higher risks of sexual exploitation, suicide, and and other risks.
For more, read the report by the National Alliance to End Homelessness.
Obama administration prohibits housing discrimination
The Department of Housing and Urban Development (HUD) under President Barack Obama enacted regulations to protect LGBT Americans.
The 2012 Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity rule ensured that housing provided with HUD assistance or having its mortgage guaranteed by the Federal Housing Administration (FHA), must be provided without regard to "actual or perceived sexual orientation, gender identity, or marital status."
The 2016 Gender Identity Rule ensured that people generally have access to HUD housing shelters that serve the gender to which they identify.
For more about these regulations, visit www.hud.gov/LGBT_resources.
Transgender military service
The subject of transgender military service is complex, so we now treat it as a separate issue.
Click here to view our discussion of transgender military service.