Sexual Orientation and Gender Identity Discrimination Protections

In 2015, the U.S. Supreme Court ruled that the fundamental right to marriage is not limited by a person’s sexual orientation. In 2020, the Court ruled that sexual orientation and gender identity are included in Title VII’s prohibition of sex discrimination in employment.

Despite progress in areas like marriage and employment, protections for LGBTQ+ Americans do not exist in all areas of life due to the lack of federal law and a legal patchwork across the country. This leaves millions of individuals vulnerable to unfair treatment in housing, education, and other arenas.

Read on to learn more about sexual orientation and gender identity discrimination protections, and how to get help if you have experienced unlawful discrimination. Speak with an experienced discrimination attorney in your area today for legal advice.

Protections Against Sexual Orientation and Gender Identity Discrimination in Employment

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sex. In its landmark ruling, Bostock v. Clayton County (2020), the U.S. Supreme Court held that “sex discrimination” in Title VII includes discrimination on the basis of someone’s sexual orientation or gender identity.

An employer engages in workplace discrimination when it fires or otherwise discriminates against a person for being gay or transgender. The court reasoned that it is impossible to discriminate against a person for their sexuality without also discriminating against that person based on sex.

Protections Against Sexual Orientation and Gender Identity Discrimination in Housing

Bostock applied to employment discrimination under Title VII. In the context of housing, the U.S. Department of Housing and Urban Development (HUD) issued the Equal Access Rule in 2012 (expanded in 2016). This rule explicitly extended housing discrimination protections to sexual orientation and gender identity in HUD-funded or insured housing.

However, in 2025, the Trump administration targeted the Equal Access Rule and dropped all gender identity discrimination cases. Law and enforcement in this area continues to change.

Some courts have held that protections against discrimination in private housing apply to LGBTQ+ individuals.

Protections Against Sexual Orientation and Gender Identity Discrimination in Education

Title IX of the Education Amendments of 1972 prohibits sex discrimination in schools and higher education programs that receive financial assistance from the federal government. Do Title IX’s prohibitions against sex discrimination include sexual orientation and gender identity? The answer to this question keeps changing.

During President Joe Biden’s term, the U.S. Department of Education (DOE) finalized rules extending Title IX protections to LGBTQ+ students and teachers. In January 2025, a federal district court struck these rules down in the case State of Tennessee v. Cardona. The court in Cardona said that Bostock‘s Title VII employment ruling does not apply to Title IX’s education protection.

Not long after Cardona, President Donald Trump’s DOE reverted to Title IX regulations established in Trump’s first term. These rules do not cover sexual orientation or gender identity. President Trump has taken further actions to limit protections for gender identity, such as signing an executive order directing federal agencies to define “sex” as biological sex assigned at birth and to only recognize two sexes, male and female.

The Equality Act

The Equality Act is proposed federal legislation passed by the U.S. House of Representatives in 2021. It has not yet passed the Senate. If enacted, the Equality Act would prohibit discrimination based on sex, sexual orientation, and gender identity across many areas:

• Public accommodations and facilities
• Education
• Federal funding
• Employment
• Housing
• Credit
• The jury system

The Equality Act would also expand the list of protected places of public accommodations to include service providers, such as accountants, and retail stores, airports, bus stations, and taxis.

State and Local Anti-Discrimination Laws

Some states and municipalities go beyond the baseline set by federal anti-discrimination law.

For example, states including Colorado, Washington, and New York have nondiscrimination protections for gender identity in public accommodations, health care, and housing. Wisconsin was the first state to ban discrimination on the basis of sexual orientation, protecting lesbian, gay, and bisexual individuals from discrimination in the workplace, housing, and public accommodations. However, Wisconsin as a whole does not yet prohibit discrimination based on gender identity or expression.

Because of the patchwork of laws and the fact that laws can change, it’s important to reach out to a local discrimination lawyer for legal advice and help.

Steps To Take If You Experience Discrimination

If you believe you have been discriminated against for sexual orientation and gender identity discrimination, you may find the following steps helpful.

1. Stay calm. Remaining calm can help you think clearly and respond effectively to the situation you experienced as you move forward.
2. Document everything. Anything relating to the incident or occurrences could be relevant. This means saving your notes and emails regarding the situation and anyone who may have witnessed it.
3. Report the incident. Follow any procedures the establishment, such as a school or workplace, has in place for addressing discriminatory behaviors.
4. Understand your legal rights. A basic understanding of the rights that apply to your situation will help you determine your next steps and whether any laws have been violated.
5. Consider taking legal action. For employment issues, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). It may also be helpful to consult with an attorney who can help protect your rights and explain your legal options.

Legal Resources and Support for Affected Individuals

There are resources available for individuals impacted by discrimination.

The Movement Advancement Project

The Movement Advancement Project is a helpful resource. It tracks over 50 different LGBTQ+ related laws and policies for each state, the District of Columbia, and populated U.S. territories. It also provides an overall tally based on policies and experiences of LGBTQ+ people within a state.

For example, it ranks states like Alabama, Mississippi, and Missouri as having a “negative” overall policy tally. States such as Alaska, Utah, Georgia, and North Carolina score a “low” overall policy tally. States like Minnesota, Illinois, and California have a “high” overall policy tally.

The American Civil Liberties Union

The American Civil Liberties Union (ACLU) works to ensure that lesbian, gay, bisexual, transgender, and queer individuals can live without discrimination and enjoy equal rights. They provide an LGBTQ+ Rights page for information on legal rights for such individuals.

Human Rights Campaign

The Human Rights Campaign (HRC) provides support for members of the LGBTQ+ community.

Get Legal Help from a Discrimination Lawyer

Getting legal assistance can make all the difference in your situation. An experienced attorney can help you understand your situation and your legal rights.

Search the Super Lawyers directory to find a local attorney with experience defending discrimination claims.