Out Leadership’s Business Climate Index for the 50 United States is an assessment of states’ performance on LGBT+ inclusion. It measures the impact government policies and prevalent attitudes have on the LGBT+ 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
Updating a driver’s license gender marker requires a doctor’s note attesting to an applicant’s gender. For a birth certificate change, a physician must sign off that the applicant has undergone gender affirmation. The state has comprehensive state laws that prohibit discrimination on the basis of sexual orientation or gender identity in employment, housing, public accommodations, education, credit, and the exercise of civil rights.
Conversion therapy for minors is banned. Youths in foster care are protected from discrimination on the basis of sexual orientation or gender identity or expression. New York permits joint and second-parent adoption and prohibits religious exemptions for adoption agencies. Surrogacy is banned in the state.
The state’s Governor and U.S. Senators have consistent and extensive records of voting for LGBT+ equality and inclusion.
There is no law criminalizing HIV exposure, but it can, and has, been prosecuted using the state’s reckless endangerment law.* The state has comprehensive hate crimes protections on the basis of sexual orientation and gender identity. State insurance plans must cover treatment for gender dysphoria.
13% of transgender employees in New York report being harassed in the past year due to their gender identity, and 24% report mistreatment such as having someone at work share private information about their gender. 21% of LGBT+ individuals in New York reported food insecurity, compared to 14% of their non-LGBT+ peers. Up to 23% of LGBT+ individuals in New York reported making less than $24,000 per year. LGBT+ individuals in New York report unemployment at the same rate as their non-LGBT+ peers (6%).
Download this report to learn how and why Out Leadership created the LGBT+ 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 LGBT+ people.Our Methodology
The legal and cultural situation for LGBT+ people varies widely across the country. This map, based on each state's total Business Climate Score, illustrates the states where LGBT+ people are empowered to participate more fully and openly in the economy, and the states that are lagging behind.
Our partnerships make our work possible. The State LGBT+ Business Climate Index is financially supported 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 LGBT+ workplace inclusion, informing the Regional Context section of the State CEO Briefs. America Competes supported the development of the scoring for the Risk Assessments detailed below, particularly for the Future Risk score.
Out Leadership and FCB partnered on original market research into the attitudes of American workers on LGBT+ inclusion, which fielded in March and April 2019. The full results will be launched in the spring of 2020; we are able to share preliminary regional comparisons in this brief.
The Northeast has the lowest percentage of those who are out at work (49.6%). LGBT+ workers in urban environments, however, do feel slightly more comfortable talking about their personal lives vs. urban LGBT+ 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 LGBT+ people at work. Particularly for the non-LGBT+ group, which is 23% more likely to report observing or experiencing negative conversations about LGBT+ 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 LGBT+ 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. LGBT+/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 LGBT+ 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 (LGBT+ and Non-LGBT+ 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 (LGBT+ vs Non-LGBT+).
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
Legal Status of the Transgender and Gender-Diverse Communities
Government Statements and Actions
For more context around these scores, and to learn more about the criteria we used to assess how state laws, actions and attitudes toward LGBT+ people create business and talent risks, please visit www.outleadership.com/staterisk.
Status of LGBT+ Organizing and Community
Cultural Views of the LGBT+ Community