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Figure 3: State-Level Employment Nondiscrimination LawsState-Level Employment Nondiscrimination LAFLHIEmployment nondiscrimination law covers only sexual orientation (3 states)Local, state, and federal governments shouldlegislate or implement employment protections thatprohibit discrimination on the basis of gender identityand expression. Congress should pass explicit federalemployment protections. Federal agencies such as theDOJ, EEOC, and the Department of Labor should educateemployers and employees about existing protections andadopt guidelines for private employers to comply withfederal protections. In addition, job training programsshould be inclusive and specifically address the needs oftransgender and gender non-conforming people.No employment nondiscrimination law covering sexual orientation orgender identity (29 states)Source: Movement Advancement Project, “LGBT Equality Maps: Non-Discrimination Laws.”Military ServiceDespite the repeal of the U.S. military’s “Don’tAsk Don’t Tell” policy in 2010, which prohibitedopen service by lesbian, gay, or bisexual servicemembers, transgender service members are stillnot permitted to serve openly. In 2014, severalpublic figures, including former Secretary ofDefense Chuck Hagel, then-House Speaker NancyPelosi, and Air Force Secretary Deborah LeeJames, spoke about the need to update militaryregulations to allow open service by transgenderpeople. In August, a high-level commissionconvened by the military research think tankThe Palm Center recommended immediate openservice for transgender service members.13Concurrently, transgender veterans are returninghome from service to find a lack of support.Transgender veterans have a higher rate of suicidecompared to the general population.14 In a recentlandmark case, the U.S. Army agreed to changethe names on key identity documents of twotransgender veterans, clearing the way for otherveterans to obtain updated records and easieraccess to veterans’ benefits.15Lower Income for Transgender PeopleOutdated and archaic laws and still-pervasive biasand discrimination mean that LGBT people across theUnited States pay an unfair price for being who theyare.17 Transgender people, especially transgenderpeople of color, pay a particularly steep price.Discrimination and higher costs collude to reduceearning power and savings and keep transgenderpeople in poverty. The NTDS study of transgenderAmericans found they are far more likely to be poorwhen compared to the larger U.S. population. In fact,transgender Americans were nearly four times morelikely to have a household income under 10,000 peryear than the population as a whole (15% vs. 4%).18This is true despite 87% of transgender adults havingcompleted at least some college and 47% havingobtained a college or graduate degree–rates muchhigher than the general population.In addition, transgender people of color report muchhigher rates of extreme poverty.19 Asian and PacificIslander (API) transgender people were six times aslikely to report extremely low incomes compared toother API Americans, while 34% of black transgenderrespondents and 28% of Latino transgenderrespondents reported incomes at this level.20See Paying an Unfair Price: The Financial Penalty forBeing Transgender in America for more informationon economic security for transgender people.3BARRIERS TO EQUALITY FOR TRANSGENDER AMERICANSEmployment nondiscrimination law covers sexual orientation and genderidentity (18 states D.C.)court. The EEOC’s rulings are binding on the federalgovernment, and in 2014, President Obama issued anexecutive order expressly prohibiting discriminationagainst LGBT employees of the federal government andLGBT employees working for federal contractors.16

BARRIERS TO EQUALITY FOR TRANSGENDER AMERICANS4Discrimination in HousingAdequate and affordable housing is essential tothe economic security and overall well-being of everyAmerican. However, one in five transgender people(19%) in the United States have been refused a home orapartment and more than one in ten (11%) have beenevicted because of their gender identity.21 Homelessnessis a critical issue for transgender people, with one in fivehaving experienced homelessness at some time in theirlives because of discrimination and family rejection (seeFigure 4).22 Unfortunately, transgender people facinghomelessness also face discrimination from agenciesthat should be helping them, with nearly one in three(29%) reporting being turned away from a shelter due totheir transgender status.23The Department of Housing and Urban Development(HUD) issued guidance and regulations in recent yearsthat provide transgender people with limited protectionsfrom housing discrimination.24 However, no federalstatute explicitly prohibits evicting someone, refusingto rent to someone, or refusing to loan to someonebecause of gender identity/expression. Similarly, only18 states and D.C. have clear laws prohibiting housingdiscrimination on the basis of gender identity, covering39% of Americans.25Local, state, and federal governments shouldexplicitly prohibit housing and lending discriminationon the basis of gender identity and sexual orientation.Shelters should provide access to transgender peopleon a nondiscriminatory basis, including housing peoplein sex-segregated facilities based on gender identity.Congress should fully fund and implement the legislationsuch as Federal Plan to End Homelessness, which wouldexpand access to affordable housing. Local, state, andfederal agencies should implement homelessness datacollection that includes data on gender identity andsexual orientation.Discrimination in EducationSchools are difficult places for transgender studentsas they regularly face discrimination, bullying, andharassment in elementary, secondary, and post-secondaryinstitutions. In one survey, 40% of gender non-confirmingyoutha reported being frequently harassed by their peersand 37% reported frequent verbal harassment and namecalling.26 In another survey, 33% of all students reportedfrequently hearing anti-transgender slurs.27 The samestudy found that levels of physical and verbal harassmentwere very high among surveyed students (see Figure 5).This harassment, bullying, and discrimination have acumulative negative effect on education and achievementfor transgender people: students who are bullied and facediscrimination because of their gender expression aremore likely to miss school, have lower GPAs, not plan toattend post-secondary education, and have higher levelsof depression and lower self-esteem.28Across the United States, only 13 states have lawsthat clearly protect students against discriminationbecause of their gender identity and/or expression, andFigure 5: Experiences of Transgender Students in SchoolBased on Their Gender Expression(% of transgender students)Figure 4: Homelessness by Race75.2%73.6%(% of respondents who report ever becoming homeless)63.4%52.1%41%33%32.5%32%29%16.2%19%Felt Unsafeat tino/aWhiteMultiracialSource: Jamie M. Grant, Lisa A. Mottet, and Justin Tanis, “Injustice at Every Turn: A Report ofthe National Transgender Discrimination Survey,” National Center for Transgender Equality andNational LGBTQ Task Force, 2011, dedBathroomsAvoidedLockerRoomsSource: J.G. Kosciw, E.A. Greytak, N.A. Palmer, & M.J. Boesen, “The 2013 National School ClimateSurvey: The experiences of lesbian, gay, bisexual and transgender youth in our nation’s schools,”GLSEN, 2014, www.glsen.org/nscs.aThe report defines gender-expansive youth in the survey as those who selected “transgender” or“other” when asked if they considered themselves “male, female, transgender or other gender.”

only 18 states expressly prohibit bullying on the basisof gender identity and/or expression (see Figure 6).29 In2013, California passed a law ensuring that transgenderstudents have the opportunity to participate fully in allschool programs, activities, sports teams, and facilities.30Over a dozen states have passed similar policies toensure that transgender students can participate in highschool sports. In 2014, four women’s colleges amendedtheir admission policies to make clear that they accepttransgender students: Mt. Holyoke College, Mills College,Simmons College, and Scripps College.Figure 6: Safe School LawsSchool Nondiscrimination ress should pass laws expressly prohibitingdiscrimination in education on the basis of genderidentity and sexual orientation, as well as lawsrequiring all schools to implement comprehensive andeffective anti-bullying and anti-harassment policiesthat specifically include gender identity and sexualorientation. The National Center for Education Statisticsshould ensure that data collection includes detailedinformation about bullying, harassment, and otherschool violence, including whether the victim’s genderidentity or expression were at issue.Persistent Bullying and HarassmentGAALLAFLHILaw prohibits discrimination in schools based on sexual orientation andgender identity (13 states D.C.)Law prohibits discrimination in schools based on sexual orientation only(1 state)* Law prohibits discrimination in schools based on association with someonewith a listed characteristic (2 states)No law protecting LGBT students (36 states)Anti-Bullying WYALGALAFLHILaw prohibits bullying based on sexual orientation and gender identity(18 states D.C.)* Law prohibits bullying based on association with someone with a listedcharacteristic (5 states D.C.)No law protecting LGBT students (32 states)Source: Movement Advancement Project, “LGBT Equality Maps: Safe Schools Laws.”Jewlyes Gutierrez was charged with misdemeanorbattery after an altercation between her and severalother students was caught on video in November,2013. The subject of persistent harassment andintimidation at school, Ms. Gutierrez had previouslysought intervention and support from Hercules Highstaff with no success. Local organizations such as theTransgender Law Center, RYSE Youth Center (RYSE,)and Rainbow Community Center rallied in support ofMs. Gutierrez. As a result, she was able to enter into anagreement with the court to have her case reevaluatedupon the completion of a restorative justice programconducted by the National Council on Crime andDelinquency (NCCD). After reviewing the case in May2014, Judge Thomas M. Maddock dropped the chargein recognition of Ms. Gutierrez’s successful completionof the restorative justice program. Restorative justicepractices aim precisely for the results produced in thiscase—facilitating individual and community healingand accountability and working to protect youngpeople of color, who have the highest inequitablerates of contact, from entry and engagement in thejuvenile justice system.Source: Transgender Law Center, “Charge Dropped Against Transgender Student,Restorative Justice at Work,” RRIERS TO EQUALITY FOR TRANSGENDER AMERICANSWANationally, the U.S. Department of Education in 2014issued guidance confirming that the federal Title IX sexdiscrimination law protects transgender students, andpublicized two Title IX settlements on behalf of transgenderstudents. Title IX applies to all K-12 schools, colleges, anduniversities that accept federal funds. Unfortunately,at least three colleges have successfully applied forexemptions from this law, citing religious objections.

BARRIERS TO EQUALITY FOR TRANSGENDER AMERICANS6HealthTransgender people report low insurance rates andshockingly high rates of negative health outcomes.31 TheAffordable Care Act (ACA) has decreased the numberof transgender people without insurance and has alsoprohibited plans sold in state and federal health insurancemarketplaces from discriminating against enrollees onthe basis of gender identity.32 Nine states and DC haveadopted rules requiring insurance plans to eliminatetransgender-specific exclusions (see Figure 7),33 and in2014, the Department of Health and Human Servicesended Medicare’s ban on coverage for transgenderspecific care. But deep disparities remain, including lowerrates of coverage and continued exclusions of medicallynecessary transition-related care in plans run by privateemployers and many public plans, including many stateMedicaid plans and the Veterans Health Administration.Only 40% of respondents to the National TransgenderDiscrimination Survey reported accessing healthinsurance through their current or former employer,34compared to 44.6% of Americans.35 Ten percent ofrespondents accessed coverage through Medicareor Medicaid and 10% purchased their own privatecoverage.36 African-American respondents had theworst health insurance coverage of any racial category:39% reported private coverage and 30% public.37Sixty percent of respondents reported accessinghealth care through their doctor’s office, with 28%seeking care at health centers and clinics, and 4%primarily accessing care in emergency rooms.38 Lowerincome transgender people and transgender peopleof color were more likely to access care throughemergency rooms: 17% of African-Americans usedemergency rooms for primary care, as did 8% of Latino/arespondents, and 8% of respondents earning under 10,000 per year.39 Unfortunately, 13% of respondentsreported being denied equal care in emergency roomsbecause of their gender identity.40Transgender people often need medical treatmentlike hormones or surgery to bring a person’s body in linewith their gender identity. Despite widespread recognitionof the necessity of such treatments by every majormedical organization in the United States, including theAmerican Medical Association, discriminatory healthcareexclusions still deny transgender people coverage formedically necessary care, including hormone therapy,counseling, and other medical care.Figure 7: State-Level Insurance Nondiscrimination LawsState-Level Insurance Nondiscrimination LAFLHITransgender exclusions in health insurance service coverage prohibited (9states D.C.)Law prohibits health insurance discrimination based on sexual orientation andgender identity (8 states D.C.)Law prohibits health insurance discrimination based on sexualorientation (0 states)No law or policy prohibiting discrimination in insurance protections (39 states)Note: This map does not reflect states which may have removed transgender exclusions from stateMedicaid programs.Source: Movement Advancement Project, “LGBT Equality Maps: Non-Discrimination Laws.”Additionally, transgender people are denied manyroutine preventive services such as Pap smears andprostate exams that are available broadly to nontransgender people. These services may not correspondwith a transgender person’s gender identity or thegender marker on ID documents or health records,and so coverage may be denied through the insurancecarrier, or overlooked or denied by the patient’s healthcare provider.Even when transgender people have full healthinsurance coverage, they often face discrimination byhealth care providers or need to educate their providerson what it means to be transgender. In a survey oftransgender Coloradans, respondents reported almosttwice the number of days with poor physical or mentalhealth compared to the general population.41 A studyin Massachusetts found that 19% of transgenderrespondents had postponed or avoided necessary caredue to mistreatment or discrimination from health careworkers.42 The U.S. Department of Health and HumanServices interprets the Affordable Care Act—whichprohibits sex discrimination by health care organizationsthat accept federal funds—to prohibit bias againsttransgender people. However, federal and most statelaws still do not expressly prohibit such discrimination.

Leo Kattari’s Story: A

Institute, June 2007. Deena Fidas and Liz Cooper, "The Cost of the Closet and the Rewards of Inclusion," Human Rights Campaign Foundation, May 2014. Transgender people who were unfairly fired or denied employment Transgender and gender-nonconforming employees who experience harassment, mistreatment, or discrimination on the job 13-47%