Out Leadership’s Business Climate Index for the 50 United States is an assessment of states’ performance on LGBTQ+ inclusion. It measures the impact government policies and prevalent attitudes have on the LGBTQ+ people residing in each state, quantifying the economic imperatives for inclusion and the costs of discrimination. It equips business leaders and policymakers with a clear sense of the most impactful steps states can take to make themselves more hospitable to forward-thinking, innovative, inclusive businesses.
out of a possible 100 points
Gender affirmation surgery is required to change the gender markers on a birth certificate. It’s not required for driver’s licenses, but applicants must show up to apply in person. The state has comprehensive nondiscrimination laws inclusive of sexual orientation and gender identity.
Conversion therapy for minors is forbidden. Same-sex couples can theoretically adopt on the same terms as opposite-sex ones, but there are no laws preventing agencies from discriminating against LGBTQ+ people in the adoption process. Youths in foster care are protected from discrimination on the basis of sexual orientation but not gender identity.
The state does not have a religious exemption law. Its two U.S. Senators have long histories of publicly supporting LGBTQ+ equality and inclusion. The Governor has signed legislation supportive of the LGBTQ+ community but consistently declines to speak out in favor of equality.
The state’s hate crimes law covers sexual orientation and gender identity. State employee insurance covers transgender-related healthcare. HIV isn’t specifically criminalized but it has successfully been prosecuted via the state’s general criminal laws.*
11% of transgender employees in New Hampshire reported being harassed in the past year due to their gender identity, and 21% report mistreatment such as having someone at work share private information about their gender. 29% of LGBTQ+ individuals in New Hampshire reported food insecurity, more than double the rate for non-LGBTQ+ people (13%). Up to 28% of LGBTQ+ individuals in New Hampshire reported making less than $24,000 per year. 7% of LGBTQ+ individuals report unemployment in New Hampshire, nearly double the rate for non-LGBTQ+ people (4%).
Download this report to learn how and why Out Leadership created the LGBTQ+ Business Climate Index for the 50 U.S. States, with important details about our methodology, including our data standards and practices. NOTE: *HIV criminalization laws are discriminatory and ineffective. These laws fail to account for advances made in treating and controlling HIV, may deter people from getting tested and seeking treatment, and can exacerbate the stigma targeting people living with HIV and LGBTQ+ people.
Our MethodologyThe legal and cultural situation for LGBTQ+ people varies widely across the country. This map, based on each state's total Business Climate Score, illustrates the states where LGBTQ+ people are empowered to participate more fully and openly in the economy, and the states that are lagging behind.
- 4.7% of New Hampshire residents identify as LGBTQ+. Conservatively, that’s LGBTQ+ personal income of $3.9 billion – it’s a market my business can’t afford to ignore.
- When LGBTQ+ employees don’t feel welcome at work, they’re less likely to stay, and employee turnover is a drag on the state economy and business competitiveness. It costs companies an average of $10,208 to replace an employee in New Hampshire, and it can cost up to $383,932 to replace senior executives. New Hampshire and the businesses operating there have strong financial incentives to create inclusive workplaces in the interest of keeping these costs down.
- New Hampshire’s comprehensive nondiscrimination law protects LGBTQ+ people, so the state is already experiencing the positive economic impacts of such policies. One estimate suggests that the state’s economy may have grown 3%, or $2.5 billion, thanks to its inclusive approach. That said, there’s still a gap between policy and culture, and organizations in New Hampshire have a business imperative to ensure that LGBTQ+ people feel welcome in their workplaces.
- New Hampshire has a favorable economic environment for business investment – but taking steps to make LGBTQ+ people feel safer and more included would better enable companies to attract top LGBTQ+ talent.
- Millennial and Gen Z consumers prefer to do business with companies with LGBTQ+ friendly advertising and policies – 54% say they’re more likely to choose an LGBTQ+ inclusive brand over a competitor – which is why it’s important that New Hampshire continue to foster a business environment where being inclusive is supported.
Our partnerships make our work possible. The first State LGBTQ+ Business Climate Index released in 2019 was funded by a grant from the Gill Foundation. The Index is based on data graciously shared by the Movement Advancement Project and the Williams Institute. Ropes & Gray is our pro bono legal partner for the CEO Business Briefs globally, and their research informs this Index. FCB partnered with us to conduct original market research into American attitudes toward LGBTQ+ workplace inclusion, informing the Regional Context section of the State CEO Briefs. America Competes supported the development of the scoring for the Risk Assessments, particularly for the Future Risk score.
Out Leadership and FCB partnered on original market research into the attitudes of American workers on LGBTQ+ inclusion, which fielded in 2019 and 2020. These briefs as a whole will be updated on an ongoing basis by Out Leadership because we recognize the ever-changing nature of policy on the local, state, and national level.
The Northeast has the lowest percentage of those who are out at work (49.6%). LGBTQ+ workers in urban environments, however, do feel slightly more comfortable talking about their personal lives vs. urban LGBTQ+ workers for the rest of the country (17% more likely than nationwide). Workers in this region are more likely to hear or engage in negative conversations about LGBTQ+ people at work. Particularly for the non-LGBTQ+ group, which is 23% more likely to report observing or experiencing negative conversations about LGBTQ+ people vs the nation as a whole. Despite being more likely to hear negative conversations at work, workers in this region are the least likely to say that they hear this negativity from state leadership. They are 61% less likely to report that leadership in their state talks about LGBTQ+ people in predominantly negative terms. Like most regions, there is a strong difference between urban and rural audiences, especially for the self-rated importance of team diversity when looking for jobs. LGBTQ+/Allies living in Rural areas care the least about diverse teams when looking for jobs (49% less likely than nationwide). Finally, audiences in the Northeast were 20% more likely to list “Supporting LGBTQ+ Pride celebrations” as one of their top three ways businesses can demonstrate their support for the community.
Unless otherwise noted, all comparisons for more or less likely are compared to the National results. Regional results are based off of 1,500 respondents (LGBTQ+ and Non-LGBTQ+ responses have been weighted to be age-representative for each audience in each region). National results are based off of 600 respondents representative of each audience (LGBTQ+ vs Non-LGBTQ+).
States in the Northeast region included: Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont.
Legal Status of the Lesbian, Gay, and Bisexual Community
New Hampshire has statewide legislation that explicitly protects individuals from discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations.
State employees are protected from discrimination on the basis of sexual orientation and gender identity.
Youth in foster care are protected from discrimination on the basis of sexual orientation and gender identity.
Adoption by same-sex couples is permitted on the same terms as opposite-sex couples.
New Hampshire does not have any adoption non-discrimination protections for LGBTQ+ parents, suggesting that agencies may decline prospective adoptive parents based on religious beliefs.
New Hampshire does not have a religious exemption law, but the state’s nondiscrimination law does allow religious organizations the right to give preference to their own members.
New Hampshire does not have any criminal statutes explicitly addressing HIV exposure, but people living with HIV have faced prosecution for HIV exposure under general criminal laws.
New Hampshire’s hate crime law covers sexual orientation and gender identity.
Licensed counseling services are forbidden from offering conversion therapy to minors.
Legal Status of the Transgender Community
In New Hampshire, transgender individuals can amend the gender markers on a birth certificate, but the state requires proof of surgery. The individual must submit a petition in probate court for a court-ordered “sex change.” With the court order in-hand, birth certificate amendments are made through the city or town clerk. A name change, physician’s letter, and therapist letter are not required.
Transgender people can amend the gender designation on their driver’s license. A physician, nurse practitioner, clinical social worker, or clinical mental health counselor must attest to the individual’s current gender identity and that in their professional opinion this gender identity will continue for the foreseeable future. Applicants then submit a form in person to the New Hampshire Department of Safety Division of Motor Vehicles. Surgery is not required to change the gender markers on a driver’s license.
Starting in 2020, New Hampshire driver’s licenses include a non-binary gender option.
Since 2017, New Hampshire’s state Medicaid policy explicitly covers transition-related healthcare, including surgery. Hormone treatment is not specifically mentioned.
As of August 2019, New Hampshire has gender identity discrimination protections for health insurance, residential care, and mental health services.
Government Statements and Actions
When a bill that would ban the “gay panic defense” was introduced in the state house in March 2021, Republican State Rep. Dick Marston derailed debate by referring to LGBTQ+ people as having a “deviant sexuality.” He subsequently apologized. The bill currently awaits approval by the New Hampshire Senate.
There was a bill before the state house in 2021 that would limit girl’s sports teams to cisgender participants only, which was blocked by the New Hampshire legislature in 2022
Additionally, Republican Governor Chris Sununu also signed bills into law in 2018 that extended nondiscrimination protections to trans people and banned conversion therapy for minors.
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1No Risk
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2Low Risk
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3Moderate Risk
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4Notable Risk
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5High Risk
For more context around these scores, and to learn more about the criteria we used to assess how state laws, actions and attitudes toward LGBTQ+ people create business and talent risks, please visit www.outleadership.com/staterisk.
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1No Risk
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2Low Risk
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1No Risk
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1No Risk
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1No Risk
Status of LGBTQ+ Organizing and Community
In 2019, New Hampshire held 6 full-on Pride events (Concord Pride, Portsmouth Pride, Nashua Pride, White Mountain Pride in Conway, Rural Pride in Claremont, Rochester Pride) and an additional LGBTQ+ event that effectively was also a pride event (The Queen City Pride Block Party in Manchester).
The state also has a yearly Trans Equality Rally in Manchester during the month of July.
Cultural Views of the LGBTQ+ Community
61% of New Hampshire residents oppose allowing religious exemptions for small business owners to discriminate against LGBTQ+ people.
75% of New Hampshire residents favor laws that protect LGBTQ+ people from discrimination.