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GAO-13-700R 1 (2013-07-31)

handle is hein.gao/gaobadpqw0001 and id is 1 raw text is: G A U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-324818 July 31, 2013 The Honorable Tom Harkin Chairman Committee on Health, Education, Labor, and Pensions United States Senate The Honorable Mark Kirk United States Senate The Honorable Jeffrey A. Merkley United States Senate Subject: Update on State Statutes and Administrative Complaint Data on Employment Discrimination Based on Sexual Orientation and Gender Identity Federal law prohibits discrimination in employment based on a number of factors, including race, color, religion, sex, national origin, disability, and age. We reported most recently in 2009 that although federal law does not prohibit employment discrimination on the basis of sexual orientation, some states provide such protection by statute.1 Specifically, we reported that 22 states had statutes explicitly prohibiting employment discrimination on the basis of sexual orientation; we also reported that 13 states had statutes explicitly prohibiting employment discrimination on the basis of gender identity.2 In addition, we reported that, generally, the administrative complaint data reported by states at that time showed relatively few employment discrimination complaints based on sexual orientation and gender identity. In response to your request, this letter updates our 2009 report with regard to the number of states with statutes explicitly prohibiting employment discrimination based on sexual orientation and gender identity.3 We also include data provided by those states on the number of administrative complaints related to employment discrimination filed between 2007 and 2012- specifically, the total number of complaints and the number of complaints listing sexual orientation or gender identity as a claimed basis for discrimination. 1 GAO, Sexual Orientation and Gender Identity Employment Discrimination: Overview of State Statutes and Complaint Data, GAO-1 0-1 35R (Washington, D.C.: October 1, 2009). 2 In our 2009 report, we did not consider whether employment discrimination based on sexual orientation or gender identity may be addressed by federal case law, regulations, policy, or guidance, nor did we do so for purposes of this letter; we did note, however, that Executive Order 13087, issued on May 28, 1998, amended Executive Order 11478 to prohibit discrimination based on sexual orientation within executive branch civilian employment. 3 As we did in 2009, we refer to the District of Columbia as a state for purposes of this letter. GAO-1 3-700R Sexual Orientation/Gender Identity Employment Discrimination