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 LGBT+ 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.

Only 50.8% of the LGBT+ audience in the Midwest are out at work. They are only slightly more comfortable being open with their managers than other regions (14% more likely), but they are the least likely to cover their identity at work (17% less likely than nationwide).  This could be due to the Midwest having the lowest rates for observing microaggressions (23% less likely) and hearing or engaging in negative conversations on average. However, workers in this region do not typically go out of their way to do business with inclusive companies (21% less likely than the nation as a whole).  This is primarily driven by those who live in more rural areas where respondents were 85% less likely to do business with companies that are inclusive.

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 Midwest region included: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, North Dakota, Missouri, Nebraska, Ohio, South Dakota, and Wisconsin

Legal status of the Lesbian, Gay and Bisexual Community

• In Ohio, there is currently no law prohibiting discrimination on the basis of sexual orientation or gender identity in private employment, housing, or public accommodations. Some 29 localities do have sexual orientation and/or gender identity inclusive nondiscrimination ordinances.
• Public sector state employees are currently protected against employment discrimination on the basis of sexual orientation and gender identity under a 2019 executive order by Governor Mike DeWine. The order reflects significant moderation in his perspective on LGBT+ issues. As Attorney General in 2015, he defended an Ohio constitutional amendment barring gay marriage.
• Ohio’s hate crimes legislation does not specifically enumerate sexual orientation or gender identity as protected classes.
• Ohio does not prohibit married LGBT+ couples from adopting. The state permits unmarried adults to adopt, and the Supreme Court of Ohio has explicitly recognized that the right to adopt is not limited to straight adoptive parents.
• Ohio does not recognize second-parent adoptions but does recognize step-parent adoptions for married couples.
• Ohio courts have upheld the enforceability of custody agreements between unmarried LGBT+ parents but have declined to recognize any parental rights of a non-biological partner in the absence of such an agreement, unless a determination of parental unsuitability is made.
• There is no statewide ban on conversion therapy, although certain Ohio cities have adopted ordinances banning the practice.

Legal status of the Transgender Community

• Ohio allows a person to change the gender marker on their state identification documents (such as their driver’s license) but does not allow a person to change the gender marker on their birth certificate.
• To change the gender marker on an Ohio driver’s license, a person must submit a ‘Declaration of Gender Change’ form, which must be signed by a physician, psychologist or licensed therapist who can attest to the person being “sufficiently ready for, or has completed a gender role transition, and it is intended this role change is to be permanent.” Gender options are male or female.
• Ohio’s state Medicaid program does not cover costs relating to “gender transformation.” Ohio does not require private insurers to cover transgender healthcare.
• The placement of incarcerated transgender individuals is determined on a case-by-case basis; there is no guarantee of placement in a facility that aligns with a prisoner’s gender identity.

Government statements and actions

• There are multiple anti-trans bills pending in the state house in the 2020 session, including one that would limit youth sports to cisgender participants, and another that would punish doctors who prescribe transition-related medications to minors.
• Discrimination on the basis of gender identity is currently prohibited in Ohio under federal law. In March 2018, in the case of EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., the Sixth Circuit held that “[d]iscrimination on the basis of transgender and transitioning status is necessarily discrimination on the basis of sex” and therefore prohibited under Title VII. The case was heard before the Supreme Court in fall 2019 and the decision is pending.