TOP 10 LGBT EMPLOYMENT-FRIENDLY STATES

You can be fired for being openly gay, lesbian, bisexual or transgender in 29 states.

• By Dan Fastenberg
  

Alamy

This past summer the Supreme Court overturned the Defense of Marriage Act and in effect paved the way for marriage equality nationwide. But what about gay rights in the workplace? It's still legal to be fired for being openly lesbian, gay, bisexual or transgender in 29 states. Activists, however, are pushing for the passage of the Employment Non-Discrimination Act, which would protect all LGBT workers from discrimination in hiring, firing and other employment matters on the basis of sexual orientation.

With no national protection on the books, some states and cities have simply done more than others to protect LGBT workers. And the human resources company XpertHR has just compiled a list of the Top 10 LGBT-Employment Friendly States. The analysis was based on a series of criteria, including the state's existing legal framework and its history of protecting LGBT workers.

Six of the top ten states are from the Northeast, which is where the modern gay rights revolution began with the 1969 riots at the Stonewall Bar in New York City. But as Carmelyn P. Malalis, the co-chair of the Lesbian, Gay, Bisexual amp; Transgender (LGBT) Workplace Rights Practice Group at Outten amp; Golden LLP told XpertHR, this story is only developing in one direction. "Employers that have not changed their policies are behind the curve trying to catch up," she said.

See below for the top 10.

1. California

Marriage Laws: In June, the Supreme Court also said the advocates of Proposition 8 banning same-sex marriage had no standing to challenge a lower court ruling that invalidated the referendum. As a result, the state's 2010 legalization of same-sex marriage was once again valid.
Workplace Laws: Connecticut state law prohibits employment discrimination based on sexual orientation as well as gender identity. And unlike most states, California state FMLA law provides leave and benefits to same-sex couples.

Find a job now in California.

2. Connecticut

Marriage Laws: Connecticut legalized same-sex marriage in 2008.
Workplace Laws: Connecticut state law prohibits employment discrimination based on sexual orientation as well as gender identity. Same-sex partners of state employees have been provided benefits since 2000.

Find a job now in Connecticut.

3. Iowa

Marriage Laws: Iowa legalized same-sex marriage in 2009, making it the first Midwestern state to move towards legalization.
Workplace Laws: Iowa state law prohibits employment discrimination based on sexual orientation as well as gender identity. The state's hate crime law also covers individuals based on sexual orientation.

Find a job now in Iowa.

4. Maine

Marriage Laws: Maine legalized same-sex marriage in 2012. It was the first time a state legalized same-sex marriage through the ballot.
Workplace Laws: Maine state law prohibits employment discrimination based on sexual orientation as well as gender identity. Maine allows same-sex partners to take advantage of family leave policies.

Find a job now in Maine.

5. Massachusetts

Marriage Laws: Massachusetts legalized same-sex marriage in 2003. It was the first state to do so.
Workplace Laws: Massachusetts state law prohibits employment discrimination based on sexual orientation as well as gender identity. Same-sex partners are also permitted to receive benefits.

Find a job now in Massachusetts.

6. Minnesota

Marriage Laws: Minnesota legalized same-sex marriage in 2013.
Workplace Laws: Minnesota state law prohibits employment discrimination based on sexual orientation as well as gender identity. Minnesota was the first state to enact gender identity protections in the nation.

Find a job now in Minnesota.

7. New York

Marriage Laws: New York legalized same-sex marriage in 2011.
Workplace Laws: New York state law prohibits employment discrimination based on sexual orientation. Same-sex partners are provided with state FMLA rights and benefits.

Find a job now in New York.

8. Rhode Island

Marriage Laws: Rhode Island legalized same-sex marriage in 2013.
Workplace Laws: Rhode Island state law bans discrimination based on both sexual orientation and gender identity. In-state family leave rights and benefits are extended to same-sex partners.

Find a job now in Rhode Island.

9. Vermont

Marriage Laws: Vermont legalized same-sex marriage in 2009. This was the first time same-sex marriage had been enacted through the state legislature.
Workplace Laws: Vermont law prohibits employment discrimination based on both sexual orientation as well as gender identity. The state FMLA law also expands coverage for same-sex partners and entitles them to leave benefits.

Find a job now in Vermont.

10. Washington

Marriage Laws: Washington legalized same-sex marriage in 2012.
Workplace Laws: Washington prohibits employment discrimination based on sexual orientation as well as gender identity. State law also makes illegal malicious harassment and violence against LGBT individuals on the basis of both sexual orientation and gender.