Legal Protections for LGBT People After Bostock v. Clayton County

The U.S. Supreme Court’s landmark decision in Bostock v. Clayton County affirmed that Title VII protects employees nationwide from discrimination based on their sexual orientation and gender identity. Courts have often looked to Title VII case law when interpreting analogous provisions in other federal and state laws. This report provides an overview of state sex non-discrimination laws that could be interpreted by courts and executive branch agencies to prohibit discrimination based on sexual orientation and gender identity consistent with the Court’s decision in Bostock, with a focus on the states without statutes that expressly bar discrimination based on these characteristics. It also provides estimates of the number of LGBT people in each state who stand to gain protections under these laws.