Fact check: Which states have laws protecting trans individuals from employment discrimination?

Executive summary

Federal protections for transgender workers remain shaped by a patchwork of state and local laws, and the sources provided agree that no single nationwide list is presented in the supplied materials; instead they point to charts and state-by-state reviews that must be consulted for specifics. Recent summaries in the dataset report that 16 states plus Washington, D.C. explicitly ban discrimination on the basis of sexual orientation and gender identity, that additional states offer partial protections, and that roughly 49% of the U.S. LGBTQ population resides in states prohibiting employment discrimination on sexual orientation and gender identity — but these claims rely on different methods and dates and therefore require reconciliation ^{[1] [2] [3]}.

1. The headline numbers people cite — what the sources actually claim and why they differ

The materials present three headline claims that are often cited in discussions about trans employment protections: a 16‑state + D.C. count of states that entirely prohibit discrimination on the basis of sexual orientation and gender identity; an account that some states protect sexual orientation but not gender identity; and an estimate that 49% of the LGBTQ population lives in states with employment protections for sexual orientation and gender identity. These claims come from separate analyses with different publication dates and methodologies. The 16‑state figure appears in a July 1, 2024 summary ^[1], the “49%” population metric appears in a Movement Advancement Project update dated October 4, 2025 ^[2], and a January 1, 2025 overview stresses the broader patchwork of federal, state, and local protections without listing states explicitly ^[3]. The divergence reflects timing and whether the authors count statewide statutes only, include statewide executive policies, or count local ordinances.

2. What the provided chart sources are and why they matter for accuracy

Two of the sources explicitly point readers to state‑by‑state charts and downloadable PDFs that compile statutory language, local ordinances, and administrative policies: Practical Law’s chart overview and the National Center for Lesbian Rights’ state map and report, both referenced in the dataset ^{[4] [5]}. These compilations matter because legal protection status depends on statutory text, administrative rules, and enforcement mechanisms, not just labels. The Practical Law overview (May 15, 2025) and the NCLR state resource (May 5, 2020) are presented as primary tools for identifying which states explicitly mention gender identity in employment nondiscrimination provisions; the Movement Advancement Project materials supplement that with policy context and population estimates ^{[4] [5] [3]}.

3. Reconciling partial protections: sexual orientation vs. gender identity

One source explicitly notes that some states prohibit discrimination on the basis of sexual orientation but not gender identity, and that additional jurisdictions cover both categories ^[1]. That distinction is crucial because a statute forbidding discrimination against “sexual orientation” alone may not be interpreted by courts or enforced by agencies to cover transgender workers. The July 2024 state-by-state examination stated that five states had protections for sexual orientation but excluded gender identity, while others offered full SOGI protections; the January 2025 analyses emphasize a “patchwork” where legal clarity can hinge on explicit statutory language, case law, or administrative guidance ^{[1] [3]}. Thus, counting “protected states” requires knowing whether gender identity is explicitly named or only inferred through case law.

4. Population metrics vs. state counts: why 49% and 16‑state claims can both be true

The dataset contains both a state-count claim (16 states + D.C.) and a population-share claim (49% of the LGBTQ population lives in states prohibiting employment discrimination based on SOGI). These two measures can coexist because states vary widely in LGBTQ population share; a smaller number of populous states with protections can cover a large share of the LGBTQ population. The Movement Advancement Project’s October 2025 employment nondiscrimination update reports the 49% figure ^[2], while the July 2024 analysis focused on statutory counts ^[1]. Evaluating protection coverage therefore requires looking at both the legal map and demographic distribution — counting states without weighting by population can understate how many LGBTQ people actually live under statutory protections.

5. What’s missing, what to trust, and how to use these sources

The supplied analyses repeatedly note that the texts do not produce an explicit, current list of states within the excerpts and that the definitive answer requires consulting the underlying charts and PDFs ^{[4] [5] [3]}. The materials come from organizations with different missions — legal practice guides, advocacy groups, and policy trackers — so readers should expect varying emphases: Practical Law on statutory language (May 15, 2025), NCLR on litigation and advocacy context (May 5, 2020), and Movement Advancement Project on policy mapping and demographic impacts (Jan 1, 2025; Oct 4, 2025) ^{[4] [5] [3] [2]}. For a reliable, up‑to‑date answer, consult the most recent state‑by‑state charts from these organizations and confirm whether each jurisdiction’s law explicitly names gender identity in employment nondiscrimination provisions rather than relying on inferred protections ^{[4] [1] [2]}.