BEYOND BOSTOCK: EMPLOYMENT PROTECTIONS FOR LGBTQ WORKERS NOT COVERED BY TITLE VII.

Whereas the Supreme Court recently held that LGBTQ employment bias is actionable under Title VII as a form of sex discrimination, the statute does not protect persons working at small firms, i.e., businesses with fewer than fifteen employees. For these individuals, state law provides the exclusive means of redressing workplace bias, yet only twenty-two states prohibit discrimination on the basis of sexual orientation and gender identity. This article examines a subset of the twenty-eight states lacking explicit, LGBTQ-inclusive employment protections--those with antidiscrimination statutes applying to small firms otherwise exempt from Title VII--and demonstrates that, to varying degrees, these states would be justified in construing their statutes' existing bans on sex discrimination to protect LGBTQ workers. [ABSTRACT FROM AUTHOR]