7 A 2014 survey of LGBTQ adults ages 45 to 75 found that 13 percent were discriminated against on the basis of sexual orientation when searching for housing and 25 percent were discriminated against due to their gender identity. 6 More than 40 percent of lesbian, gay, and bisexual workers report experiencing employment discrimination at some point in their lives, while approximately 90 percent of transgender workers report experiencing harassment, mistreatment, or discrimination at work or have tried to hide who they are to avoid these experiences. Transgender and gender-nonconforming communities, particularly transgender communities of color, remain among the most vulnerable to discrimination, and experience disproportionately high rates of discrimination as compared with the entire LGBTQ community. Failing to protect all LGBTQ communities in all areas of life undermines the force of existing LGBTQ protections, while often leaving the most vulnerable community members at risk of legal discrimination. These protections must extend not only to the job application process but also to the accessibility of stable shelter and the goods and services that all people need to live and thrive. LGBTQ nondiscrimination protections should be comprehensive and inclusive in order to ensure equal opportunity in the daily lives of all LGBTQ people. This report provides evidence to illustrate the importance of these benchmarks in securing the protections that all LGBTQ people need to fully and equally participate in society. Ensure parity between all protected communities, as no group of people should be singled out for government-sanctioned discrimination through unique exemptions or exclusions.Maintain-or, preferably, enhance-civil rights laws for other protected classes, including women, religious minorities, and people of color.Be comprehensive and inclusive in order to ensure that the entire LGBTQ community gains the protections it needs throughout daily life.
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To secure the full scope of nondiscrimination protections that all LGBTQ people need to live and thrive, nondiscrimination bills and ordinances should seek to meet the following three benchmarks: The effort to pass equal protections for all people continues in states and cities across the country. 4 A majority of LGBTQ people, however, live in the 30 states that still lack clear and explicit discrimination protections, and many live in jurisdictions-such as North Carolina-where legislatures are actively fighting to pass and enforce statewide legislation that preempts localities from creating LGBTQ-inclusive protections. 3 Another two states fail to explicitly protect transgender and gender-nonconforming people, but do protect residents on the basis of sexual orientation. Nineteen states, the District of Columbia, and hundreds of localities have taken steps to protect LGBTQ people by adding sexual orientation and gender identity to their nondiscrimination laws. Thus, the need for explicit and statutory protections at the state and local level, as well as through federal legislation, remains critical for the well-being of LGBTQ people.
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Though powerful, these administrative changes can be revoked, and achieving equality through the courts-as was done with marriage-risks a patchwork of protections that are dependent on a person’s ZIP code. Over the past eight years, the Obama administration has taken steps to protect LGBTQ people from discrimination in programs that receive federal funding and in federal employment. 1 And, unfortunately, anti-LGBTQ discrimination continues after the workday ends, with LGBTQ people and families reporting discrimination in the housing market schools the criminal justice system and public spaces, including restaurants, retail stores, service centers, and health care offices. More than 40 percent of lesbian, gay, and bisexual workers report experiencing employment discrimination at some point in their lives, and 90 percent of transgender workers report experiencing harassment, mistreatment, or discrimination at work or have tried to hide who they are to avoid these experiences.
While same-sex couples now have the freedom to marry nationwide, LGBTQ people remain at risk of being fired from their job, denied housing, profiled by law enforcement or kicked out of a restaurant or an office simply because of who they are. Despite the significant advancements of lesbian, gay, bisexual, transgender, and queer, or LGBTQ, rights over the past decade, however, LGBTQ communities continue to be excluded from many of these protective laws. Throughout the past half century, advocates in the United States have helped build a foundation of local, state, and federal laws to protect historically marginalized communities from discrimination.