Do most states allow employers to discriminate against gays and lesbians?

U.S. Sen. Jeff Merkley, D-Ore., issued apress release recently, in support of legislation to end employment discrimination against workers who are lesbian, gay, bisexual or transgender.  S.811, the Employment Non-Discrimination Act of 2011, would also protect people who express their gender identity at work.

“Less than half of all states have legal protections on the basis of sexual orientation or gender identity, despite the fact that LGBT Americans report employment discrimination and unemployment at much higher rates than the U.S. average,” the release said.

PolitiFact Oregon was confused. Wasn’t such employer behavior already prohibited under federal civil rights law? Isn’t it the same as how employers aren’t allowed to hire, promote, pay or fire based on race, color, religion, sex, or national origin?

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