Federal and state affirmative action and anti-discrimination laws

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Affirmative action
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Affirmative action
Affirmative action by state
Affirmative action and anti-discrimination laws
Affirmative action and anti-discrimination lawsuits
Civil Rights Act of 1866
Civil Rights Act of 1964
Consideration of race in college admissions

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Affirmative action refers to a set of policies adopted by governments and institutions to take proactive measures to increase the proportion of historically disadvantaged minority groups. These measures have taken many different forms, including strict quotas, extra outreach efforts and student financial aid specifically for minorities. In the decades since it was first instituted, affirmative action has often taken the form of racial preferences.

Originally focused on racial minorities, affirmative action policies were later expanded to include preferences for women as well. Affirmative action policies can most often be found in government employment and university admissions. University admissions policies, in particular, have come under increasing scrutiny for their reliance on racial preferences to achieve diversity. Polls have shown that while there is general support for affirmative action, support drops considerably when the question mentions preferences.

The effects of affirmative action policies are contested. Proponents of affirmative action argue that these policies diversify selective institutions and provide more opportunities to minorities. However, critics contend that policies that favor some groups require discrimination against others, and may even harm individuals they are meant to help.

While some studies have shown that ending the use of racial preferences in admissions lowers minority enrollment at the most selective institutions, others show that doing so does not affect minority college enrollment overall and increases graduation rates. Such studies, in conjunction with changing court rulings over the past two decades on the legality of some affirmative action policies, have created uncertainty regarding the goals of these policies and how best to implement them.

Current debate on affirmative action includes the following issues:

  • the use and legality of racial preferences
  • the efficacy of a shift to socioeconomic preferences
  • the gap in student preparation between minority and white students in K-12 public education

As of February 2015, eight states had banned the use of racial preferences in public employment, public university admissions and government contracting.

On June 29, 2023, the Supreme Court reversed lower court decisions in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, effectively ending the use of affirmative action in college admissions.

Federal policies

The first reference to affirmative action was made by President John F. Kennedy (D) in 1961 in an executive order directing government contractors to take "affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin." The order also established the agency that became the Equal Employment Opportunity Commission (EEOC), a federal agency that investigates claims of workplace discrimination. This move was significant: while the federal government had made previous efforts to end racial discrimination, they had been largely preventative; this order marked the first instance of an active approach to equal opportunity.[1][2][3][4]

As the civil rights movement of the 1960s expanded, the federal government took on an increasing role in preventing discrimination and bolstering minority numbers in workplaces and universities. President Lyndon Johnson (D) signed the Civil Rights Act in 1964, a landmark piece of legislation that prohibited discrimination against any individual based on his or her race, color, religion, sex or national origin. Central to the legislation were Title VI, which prohibits discrimination by agencies that receive federal funding, and Title VII, which prohibits discrimination in employment and contains the disparate impact clause. However, some still felt that discrimination prevention was not enough:[1][5][6]

Lyndon Johnson signing the Civil Rights Act, July 2, 1964
"

Affirmative action policies initially focused on improving opportunities for African Americans in employment and education. The Supreme Court's Brown v. Board of Education decision in 1954 outlawing school segregation and the Civil Rights Act of 1964 improved life prospects for African Americans. In 1965, however, only five percent of undergraduate students, one percent of law students, and two percent of medical students in the country were African American. President Lyndon Johnson, an advocate for affirmative action, signed an Executive Order in 1965 that required government contractors to use affirmative action policies in their hiring to increase the number of minority employees.[7]

—National Conference of State Legislatures


Johnson's order created the means for enforcing affirmative action policies for the first time, with the threat of sanctions for noncompliance; the order was later expanded to include discrimination against women. Of their own initiative, many colleges and universities nationwide also adopted affirmative action policies to increase minority enrollment. These policies usually took the form of preferences in admissions for applicants of a minority race, although some colleges generated strict quotas or reserved a specific number of spots for minorities.[3][4]

The use of affirmative action in all of these areas was initially intended to be temporary. However, the goals of affirmative action policies shifted from equality of opportunity to the achievement of equal representation and outcomes for minorities at all levels of society. Furthermore, lawsuits have been brought against institutions utilizing affirmative action policies, citing violations of the Equal Protection Clause of the Fourteenth Amendment and Titles VI and VII of the Civil Rights Act. In Regents of the University of California v. Bakke, the Supreme Court ruled that promoting diversity, rather than compensating for historical injustices, was the constitutional goal of affirmative action. The court also placed the burden on universities to prove that no viable race-neutral alternatives existed when they used racial preferences in admissions to increase diversity.[1][2][8]

In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, the Supreme Court effectively ended race-based considerations in college admissions in a June 29, 2023, decision. The ruling explicitly allowed national service academies to continue considering race as a factor in admissions for reasons of national security.[9][10]

State laws

According to Business and Legal Resources, 28 states have passed their own laws requiring the development of affirmative action plans by state employers or apprenticeship programs. Affirmative action plans are management tools that outline efforts made to increase the proportions of minorities at a company or institution. Such plans typically contain the following:[11][12]

  • numerical analysis of the percentage of minorities employed versus the percentage in the labor pool,
  • identification of areas where there is "underutilization" of minorities, or a discrepancy between the above percentages, and
  • "specific practical steps" the employer will take to correct this discrepancy.

To learn more about affirmative action laws in your area, select your state from the map below.

http://ballotpedia.org/Federal and state affirmative action and anti-discrimination laws#STATE

Alabama

As of March 2015, Alabama did not have its own state law regarding affirmative action requirements or plans for either public or private employers. In some cases, employers may voluntarily develop affirmative action programs. The Equal Employment/Civil Rights Division of the Department of Human Resources oversees state affirmative action programs.[13][14]

Alabama does have a nondiscrimination law that identifies the following as protected traits:[15]

Seal of Alabama.png
"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability
  • Age (40 and older)
  • Citizenship status
  • Genetic information[7]

The state's nondiscrimination law applies to employers with at least 20 employees.[15]

Alaska

As of March 2015, Alaska had passed a law requiring the Alaska Department of Administration to annually adopt an affirmative action plan, which is administered by the director of personnel. Alaska's affirmative action plan applies only to state agencies within the executive branch of government.[16][17]

Seal of Alaska.png
See law: Alaska Statutes - Section 39.28.040

In addition, Alaska has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[18]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including parenthood)
  • Disability: Mental or physical
  • Age
  • Marital status (includes changes in status)
  • Mental illness[7]

The state's nondiscrimination law applies to employers with at least one employee and is enforced by the Alaska Commission for Human Rights.[18]

Arizona

In Arizona, Article II, Section 36 of the Arizona Constitution prohibits preferential treatment and discrimination in state employment and contracting. The constitution was amended by the Arizona Civil Rights Amendment in 2010. The amendment does not, however, prevent agencies and organizations that receive federal funding from implementing affirmative action programs according to federal law.[19][20]

Seal of Arizona.png
See law: Article II, Section 36, Arizona State Constitution

In addition, Arizona has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[21]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex
  • Disability: Physical or mental
  • Age (40 and older)
  • Genetic information
  • AIDS/HIV (according to A.G. opinion)[7]

The state's nondiscrimination law applies to employers with at least 15 employees and is enforced by the Arizona Civil Rights Division.[21]

Arkansas

As of March 2015, Arkansas had passed two state laws regarding affirmative action requirements or plans for public employers and universities. According to A.C.A. § 21-3-101, every state employer and agency must adopt an affirmative action plan with the goal of hiring a percentage of minorities that reflects the general population. The Code of Arkansas contains a separate law for higher education institutions, A.C.A. § 6-63-103, with specific requirements regarding affirmative action programs and reports.[22]

Seal of Arkansas.png
See law: A.C.A. § 6-63-103
See law: A.C.A. § 21-3-101

Arkansas also has a state nondiscrimination law, which applies to employers with at least nine employees. The law identifies the following as protected traits in addition to those protected by federal law:[23]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical, mental, or sensory
  • Genetic information[7]

California

In California, Article I, Section 31 of the California Constitution prohibits preferential treatment and discrimination in state employment and contracting. The section was added by Proposition 209 in 1996. The amendment provided for certain exceptions to the ban, including the following:[24]

  • Any programs or policies that existed before the effective date of Proposition 209, that do not discriminate or grant preference based on race or sex.
  • "Qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting."
  • Any programs, policies or actions necessary to maintain eligibility for federal funding.
See law: Article I, Section 31, California Constitution
Seal of California.png

In addition, California has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[25]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: Physical or mental
  • Age (40 and older)
  • Genetic information
  • Marital status
  • Sexual orientation and identity
  • AIDS/HIV
  • Medical condition
  • Political activities or affiliations
  • Military or veteran status
  • Status as a victim of domestic violence, assault, or stalking[7]

The state's nondiscrimination law applies to employers with at least five employees and is enforced by the Department of Fair Employment and Housing.[25]

Colorado

As of March 2015, Colorado had passed its own state law that requires the State Personnel Board to develop and implement an affirmative action plan for state employment. The department must annually document methods of increasing the employment of underrepresented classes of individuals. The Colorado Department of Labor and Employment also collects and distributes demographic information on the labor market for the reference of employers developing affirmative action plans.[26]

Seal of Colorado.png
See law: C.R.S. 24-50-101

In addition, Colorado has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[27]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: Physical, mental, or learning
  • Age (40 and older)
  • Sexual orientation (including perceived sexual orientation)
  • AIDS/HIV
  • Lawful conduct outside of work
  • Mental illness
  • Transgender status
  • Marital status[7]

The state's nondiscrimination law applies to all employers with at least one employee and is enforced by the Colorado Civil Rights Division.[27]

Connecticut

As of March 2015, Connecticut had passed its own state law regarding affirmative action requirements or plans for public employers. The law requires each state agency and department to develop an affirmative action plan. The plans are submitted semiannually to the Commission on Human Rights and Opportunities, which reviews and approves the plans.[28]

Seal of Connecticut.png
See statute: C.G.S. § 46a-68

Connecticut also has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[29]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: present or past physical, mental, learning, or intellectual
  • Age
  • Genetic information
  • Marital status (includes civil unions)
  • Sexual orientation (includes having a history of or being identified with a preference)
  • AIDS/HIV
  • Gender identity or expression[7]

The state's nondiscrimination law applies to employers with at least three employees and is enforced by the Commission on Human Rights and Opportunities.

Delaware

Delaware's affirmative action law comes from Executive Order No. 10, issued by former Governor Ruth Ann Minner (D) on January 30, 2001. The order was extended by Governor Jack Markell (D) when he issued Executive Order No. 8 in 2009. The law affects state employers and agencies by requiring them to develop affirmative action plans each year. Plans should include an analysis of underrepresentation of minorities in the workforce, objectives and goals for hiring and promotion of minorities, and a summary of affirmative action strategies.[30][31]

See order: Executive Order No. 8, August 11, 2009
Seal of Delaware.png

In addition to federal law, Delaware's state nondiscrimination law identifies the following as protected traits:[32]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex
  • Disability: physical or mental
  • Age (40 or older)
  • Genetic information
  • Marital status
  • Sexual orientation
  • Gender identity[7]

The state's nondiscrimination law applies to employers with at least four employees and is enforced by the Office of Labor Law, Enforcement Division of Industrial Affairs.[32]

Florida

As of March 2015, Florida had enacted its own state law regarding affirmative action requirements or plans for public employers. While the One Florida initiative banned gender or racial preferences in hiring, the Public Employment Affirmative Action law requires state agencies and attorneys to develop affirmative action plans. The plans must outline goals for the hiring of women and minorities; agencies should strive to reflect the "full diversity of Florida's population" in their workforce. Each agency must appoint an affirmative action/equal employment opportunity officer to work on developing the agency's plan. State agencies are also encouraged to actively recruit minority-owned businesses for contracting purposes. Affirmative action and equal employment opportunity programs are overseen by the Department of Management Services.[33][34]

See executive order: Executive Order 99-281, One Florida
See law: Public Employment Affirmative Action Law
Seal of Florida.png

Florida also has a state nondiscrimination law, which in addition to federal law, identifies the following as protected traits:[35]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex
  • Disability: "Handicap"
  • Age
  • Marital status
  • AIDS/HIV
  • Sickle cell trait[7]

The state's nondiscrimination law applies to employers with at least 15 employees and is enforced by the Commission on Human Relations.[35]

Georgien

As of March 2015, Georgia had not passed its own state law regarding affirmative action requirements or plans for either public or private employers. The state has its own nondiscrimination law that identifies the following as protected traits in addition to those protected by federal law:[36][37]

Seal of Georgia.png
"
  • Race
  • Color
  • National origin
  • Religion
  • Age (40-70)
  • Disability: Physical, mental, learning, or mental retardation
  • Sex (Wage discrimination only)[7]

The state's nondiscrimination law applies to employers with at least 15 employees, although employers with at least 10 employees are subject to the sex discrimination law. The state law is enforced by the Georgia Commission on Equal Opportunity.[37][38]

Hawaii

As of April 2015, it was unclear whether Hawaii had a state law requiring affirmative action plans of public employers, but the Department of Human Resources voluntarily issued an affirmative action plan for 2013-2015. The Department of Labor and Industrial Relations has also appointed a state equal employment opportunity officer. Additionally, the Director of Human Resources is required to report annually to the state legislature on the demographics of the executive branch.[39][40][41][42]

See law: HI Rev Stat § 76-1.5
See affirmative action plan: 2013-2015 Affirmative Action Plan
Seal of Hawaii.png

In addition, Hawaii has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[43]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, breastfeeding, and related medical conditions)
  • Disability: physical or mental
  • Age
  • Genetic information
  • Sexual orientation
  • Gender identity and gender expression
  • Marital status
  • AIDS/HIV
  • Arrest and court record (unless there is a conviction directly related to job)
  • Credit history or credit report (unless credit information directly relates to a bona fide occupational qualification)
  • Status as a victim of domestic or sexual violence (if the victim notifies the employer, or the employer has actual knowledge, of the victim's status)[7]

The state's nondiscrimination law applies to employers with at least one employees and is enforced by the Hawaii Civil Rights Commission.[43]

Idaho

In 2004, former Governor Dirk Kempthorne (R) issued Executive Order No. 2004-05, which established a state employment preference for veterans and disabled persons. The order also reasserted the equal employment opportunity policy of the state of Idaho.[44]

Seal of Idaho.png
See law: Executive Order No. 2004-05

In addition, Idaho has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[45]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age (40 and older)
  • Genetic information[7]

The state's nondiscrimination law applies to employers with at least five employees and is enforced by the Idaho Commission on Human Rights.[45]

Illinois

In Illinois, Article 2 of the Human Rights Act requires state agencies, departments and commissions to develop and implement affirmative action plans. The plans should include data on the percentage of individual of each race, national origin, sex and disability employed by the state and their salaries. Plans must also highlight goals for increasing those percentages. State agencies with over 1,000 employees must appoint an equal employment opportunity officer. The state also mandates that private employers with state contracts adhere to the state's affirmative action policies.[46]

See law: Illinois Human Rights Act
See statute: Illinois Human Rights Act, Article 2
Seal of Illinois.png

In addition, Illinois has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[47]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age (40 and older)
  • Genetic information
  • Marital status
  • Sexual orientation
  • Citizenship status
  • Military status
  • Unfavorable military discharge
  • Gender identity
  • Arrest record
  • Victims of domestic violence
  • Order of protection status
  • Lack of a permanent mailing address or using the mailing address of a shelter or social service provider.
[7]

The state's nondiscrimination law applies to employers with at least 15 employees and is enforced by the Illinois Department of Human Rights.[47]

Indiana

As of March 2015, Indiana law required each state agency to develop an affirmative action plan with the aid and approval of the affirmative action officer. The plans should detail steps the agency will take to remedy the "underutilization of qualified members of affected classes." The implementation of the affirmative action plan is overseen by the director of the state personnel department.[48][49]

Seal of Indiana.png
See law: ICS 4-15-12

In addition, Indiana has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[50]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex
  • Disability: physical or mental (15 or more employees)
  • Age (40 to 75, applies to employers with one or more employees)
  • Ancestry
  • Off-duty tobacco use
  • Sealed or expunged arrest or conviction record[7]

The state's nondiscrimination law applies to employers with at least six employees and is enforced by the Indiana Civil Rights Commission.[50]

Iowa

As of March 2015, Iowa had passed its own state law requiring state agencies to develop affirmative action plans each year. The law stipulates that the affirmative action plan is used to "correct deficiencies in the state employment system where those remedies are appropriate." The Department of Administrative Services oversees and implements the affirmative action and equal employment opportunity plans within all state agencies except for the board of regents of the state university system. The board of regents is in charge of its own program. The Department of Administrative Services is also required to appoint a state affirmative action administrator to develop diversity, affirmative action and equal employment opportunity programs.[51][52]

Seal of Iowa.png
See law: IA Code Sec. 19B

In addition, Iowa has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[53]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age (18 or older)
  • Genetic information
  • Sexual orientation
  • AIDS/HIV
  • Gender identity
  • Wage discrimination[7]

The state's nondiscrimination law applies to employers with at least four employees and is enforced by the Iowa Civil Rights Commission.[53]

Kansas

As of March 2015, Kansas had passed its own state law regarding affirmative action requirements or plans for public and private employers. Section 21-30-14 of the Kansas Administrative Rules established that state employers are required "to undertake affirmative action to ensure that applicants or employees are treated without regards to race, religion, color, national origin or ancestry." When an employer's past pattern of discriminatory practices makes an affirmative action plan necessary, the Human Rights Commission may order the employer to open and maintain an affirmative action file. Furthermore, the Kansas Act Against Discrimination protects the ability of employers to fill vacancies "in such a way as to eliminate or reduce imbalance" in the demographics of the workforce.[54][55]

See law: KS Admin. Rules Sec. 21-30-14
Seal of Kansas.png

In addition, Kansas has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[56]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex
  • Disability: physical or mental
  • HIV/AIDS
  • Age (40 and older)
  • Genetic information
  • Military service or status[7]

The state's nondiscrimination law applies to employers with at least four employees and is enforced by the Human Rights Commission.[56]

Kentucky

As of March 2015, Kentucky had passed its own state law regarding affirmative action requirements or plans for public employers. By executive order, Kentucky outlined an official affirmative action plan for the state government. This plan was formally adopted into the state code by the Kentucky General Assembly, which mandates that all cabinets, agencies and departments within the government must adopt the state's affirmative action plan. A separate statute requires contractors of the state to take their own affirmative action measures to ensure equal employment opportunity.[57][58][59]

See law: KRS 18A.138 Affirmative action plan for state government.
See law: KRS 45.570 Contents of contract.

Additionally, Kentucky has a nondiscrimination law which includes preferential treatment in its definition of discrimination. The law specifically states that it does not require the preferential treatment of any individual or group due to an imbalance in the percentage of any such persons employed. The law identifies the following as protected traits in addition to those protected by federal law:[60][61][62]

Seal of Kentucky.png
"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age (40 and older)
  • AIDS/HIV
  • Smoker or nonsmoker
  • Occupational pneumoconiosis with no respiratory impairment resulting from exposure to coal dust
  • Off-duty tobacco use[7]
See law: KRS 344 Nondiscrimination law

The state's nondiscrimination law applies to employers with at least 15 employees and is enforced by the Kentucky Human Rights Commission.[62]

Louisiana

As of March 2015, Louisiana had not passed its own state law requiring affirmative action plans or measures for public or private employers. However, the state's nondiscrimination law protects businesses that take affirmative action measures. In addition, the nondiscrimination law identifies the following as protected traits in addition to those protected by federal law:[63][64][65]

Seal of Louisiana.png
"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions for employers with more than 25 employees)
  • Disability: physical or mental
  • Age (40 and older)
  • Citizenship status
  • Genetic information
  • Sickle cell trait[7]
See law: RS 23:332 Intentional discrimination in employment

The state's nondiscrimination law applies to employers with at least 20 employees and is enforced by the Louisiana Commission on Human Rights.[64]

Maine

As of March 2015, Maine had enacted its own state law regarding affirmative action requirements or plans for state employers. The law requires each state department, agency and local government, including school districts, to develop an affirmative action plan according to guidelines set by the Bureau of Human Resources. The Maine Human Rights Commission has the authority to review all affirmative action plans. Each agency must also appoint an affirmative action officer.[66]

See statute: M.R.S. Title 5, Chapter 65
Seal of Maine.png

Maine also has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[67]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age
  • Genetic information
  • Sexual orientation (includes perceived sexual orientation)
  • Gender identity or expression
  • Past workers' compensation claim
  • Past whistle-blowing
  • Medical support notice for child[7]

The state's nondiscrimination law applies to any employer with at least one employee and is enforced by the Maine Human Rights Commission.[67]

Maryland

As of March 2015, Maryland had not passed its own state law regarding affirmative action requirements or plans for public or private employers. However, Maryland has established a statewide equal employment opportunity (EEO) program and requires each agency to develop its own EEO program. The program is enforced by the Office of the Statewide Equal Employment Opportunity Coordinator.[68][69]

Seal of Maryland.png

Maryland also has a state nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[70]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age
  • Genetic information
  • Marital status
  • Sexual orientation[7]

The state's nondiscrimination law applies to employers with at least 15 employees and is enforced by the Maryland Commission on Human Relations.[70]

Massachusetts

Massachusetts' affirmative action law comes from Executive Order No. 526, issued by former Governor Deval Patrick (D) on February 17, 2011. The order requires all state agencies and departments to develop affirmative action plans and update them at least every two years. They must identify discriminatory effects and barriers and develop goals for recruiting and hiring underrepresented minorities and eliminating any remnants of discrimination. The order also stipulates that each executive cabinet must appoint a diversity director and each state agency must appoint a diversity officer. The order is enforced by the Office of Diversity and Equal Opportunity.[71][72]

See order: Executive Order No. 526
Seal of Massachusetts.png

Massachusetts also has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[73]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex
  • Disability: physical or mental
  • Age (40 and older)
  • Genetic information
  • Marital status
  • Sexual orientation
  • Military service
  • Arrest record
  • Gender identity[7]

The state's nondiscrimination law applies to employers with at least six employees and is enforced by the Massachusetts Commission Against Discrimination.[73]

Michigan

In Michigan, Article I, Section 26 of the Michigan Constitution prohibits preferential treatment and discrimination in state employment and contracting. The section was added by Michigan Civil Rights Amendment in 2006. The amendment does not, however, prevent agencies and organizations that receive federal funding from utilizing affirmative action programs according to federal law.[74]

See law: Article I, Section 26, Michigan Constitution
Seal of Michigan.png

In addition, Michigan has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[75]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age
  • Genetic information
  • Marital status
  • AIDS/HIV
  • Height or weight
  • Misdemeanor arrest record[7]

The state's nondiscrimination law applies to all employers with at least one employee and is enforced by the Michigan Department of Civil Rights.[75]

Minnesota

As of March 2015, Minnesota had passed its own state law regarding affirmative action requirements or plans for public employers. The Minnesota Human Rights Act requires state contractors to draft affirmative action plans for the employment of minorities, women and the disabled. The law does not require this of private employers or other state agencies.[76]

See statute: Minn. Stat. Sec. 363A.36
Seal of Minnesota.png

In addition, the law identifies the following as protected traits in addition to those protected by federal law:[77]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical, mental, or sensory
  • Age (18 to 70)
  • Genetic information
  • Marital status
  • Sexual orientation (includes perceived sexual orientation)
  • Gender identity
  • Member of local commission
  • Receiving public assistance[7]

The state's nondiscrimination law applies to all employers with at least one employee and is enforced by the Minnesota Department of Human Rights.[77]

Mississippi

As of March 2015, Mississippi had not passed its own state law regarding affirmative action requirements or plans for public or private employers.[78]

Seal of Mississippi.png

Mississippi does have a state nondiscrimination law, which identifies military status as a protected trait in addition to those protected by federal law. The law does not offer protected status for any other categories except to public employees. The state's nondiscrimination law applies to all employers with at least one employee and is enforced by the Mississippi Department of Employment Security.[79]

Missouri

As of March 2015, Missouri had not passed its own state law regarding affirmative action requirements or plans for public or private employers. However, the state's nondiscrimination law specifically holds that the law is not meant to "require preferential treatment for any individual or group because that group is underrepresented in the employer's workforce." The state does also provide guidance for employers who wish to voluntarily create an affirmative action plan.[80]

Seal of Missouri.png

Missouri's nondiscrimination law also identifies the following as protected traits in addition to those protected by federal law:[81]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex
  • Disability: physical or mental
  • Age (40 to 70)
  • Genetic information
  • AIDS/HIV
  • Off-duty tobacco use[7]

The state's nondiscrimination law applies to employers with at least six employees and is enforced by the Missouri Commission on Human Rights.[81]

Montana

As of March 2015, Montana had passed two laws that require public employers to give hiring preference to veterans and disabled persons. Additionally, while there is no general affirmative action law, Section 49-3-201-4 of the Montana Code stipulates that state agencies "shall exercise care to ensure utilization of minority group persons."[82][83]

Seal of Montana.png
See law: MT Code Sec. 39-29-102
See law: Montana Persons With Disabilities Employment Preference Act
See law: MT Code Sec. 49-3-201-4

In addition, Montana has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[84]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age
  • Marital status[7]

The state's nondiscrimination law applies to all employers with at least one employee and is enforced by the Montana Human Rights Commission.[84]

Nebraska

As of March 2015, Nebraska had passed its own state law regarding affirmative action requirements or plans for public employers. While Article I, Section 30 of the Nebraska Constitution prohibits gender or racial preferences in state hiring, sections of the Nebraska Revised Statutes require state agencies to develop affirmative action plans. These plans should focus on the hiring of racial minorities, women and the disabled, and agencies should strive to create a workforce that accurately reflects the demographics of the state's working population. Plans must be submitted annually to the Affirmative Action Office, which is managed by the director of the Personnel Division of the Department of Administrative Services.[85]

See statute: Nebraska Revised Statute 81-1355. Public policy; equal employment opportunity.
See statute: Nebraska Revised Statute 81-1356. Terms, defined.
See statute: Nebraska Revised Statute 81-1361. Agency; plan; submit; update.
Seal of Nebraska.png

In addition, Nebraska has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[86]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age (40 and over, applies to employers with 20 or more employees)
  • Genetic information (All employers)
  • Marital status
  • AIDS/HIV[7]

The state's nondiscrimination law applies to employers with at least 15 employees.[86]

Nevada

As of March 2015, Nevada had passed one law stating apprenticeship programs that register with the State Apprenticeship Council are required to pledge their commitment to equal employment opportunity and, when applicable, develop affirmative action plans.[87]

See law: Nev. Rev. Stat. Sec. 610.144
Seal of Nevada.png

In addition, Nevada has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[88]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age (40 and older)
  • Genetic information
  • Sexual orientation (includes perceived sexual orientation)
  • Lawful use of any product when not at work
  • Use of service animal
  • Gender identity or expression
  • Credit report or credit information
  • Opposing unlawful employment practices[7]

The state's nondiscrimination law applies to employers with at least 15 employees and is enforced by the Equal Rights Commission.[88]

New Hampshire

In New Hampshire, the passage of House Bill 0623 prohibited gender and racial preferences recruiting, hiring and promotions at state agencies. The law does not, however, prevent agencies and organizations that receive federal funding from utilizing affirmative action programs according to federal law.[89]

See statute: RSA 21-I:52
See statute: RSA 187-A:16-a
See statute: RSA 188-F:3-a
Seal of New Hampshire.png

In addition, New Hampshire has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[90]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age
  • Genetic information
  • Marital status
  • Sexual orientation[7]

The state's nondiscrimination law applies to employers with at least six employees and is enforced by the New Hampshire Commission for Human Rights.[90]

New Jersey

As of March 2015, New Jersey had passed its own state law regarding affirmative action requirements or plans for public employers. The Civil Service Act requires each state agency to "explore innovative personnel policies" for equal employment opportunity and develop an affirmative action plan to be submitted to the director of the Division of Equal Employment Opportunity and Affirmative Action. The division also develops an overarching affirmative action plan with reasonable goals for each state agency to meet.[91][92]

See law: Civil Service Act, § 11A:7-1 et seq.
Seal of New Jersey.png

In addition, New Jersey has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[93]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: past or present physical or mental
  • Age (18 to 70)
  • Genetic information
  • Marital status (includes civil union or domestic partnership status)
  • Sexual orientation (includes affectional orientation and perceived sexual orientation)
  • AIDS/HIV
  • Atypical hereditary cellular or blood trait
  • Military service
  • Accompanied by service or guide dog
  • Gender identity
  • Unemployed status[7]

The state's nondiscrimination law applies to all employers with at least one employee and is enforced by the Division on Civil Rights.[93]

New Mexico

As of March 2015, New Mexico had adopted administrative rules that require state agencies to develop and maintain affirmative action programs. State employers must hire people from minority groups if they are available. An assessment must made to see where they are underrepresented in the employer's work force and set up a series of goals for increasing the representation of such minority groups.[94]

See law: New Mexico Admin. Code 9.1.1
Seal of New Mexico.png

In addition, New Mexico has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[95]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age (40 and older)
  • Genetic information
  • Marital status (applies to employers with 50 or more employees)
  • Sexual orientation (includes perceived sexual orientation; applies to employers with 15 or more employees)
  • Gender identity (employers with 15 or more employees)
  • Serious medical condition
  • Domestic abuse leave[7]

The state's nondiscrimination law applies to employers with at least four employees and is enforced by the New Mexico State Human Rights Division.[95]

New York

As of March 2015, New York state law required state contractors to have an affirmative action program to ensure that minority groups and women are afforded equal employment opportunities. Additionally, the New York Human Rights Law permits state agencies and contractors to show preference toward minorities where unemployment numbers for that minority are significantly higher than state-wide unemployment.[96][97][98]

See law: Human Rights Law
See law: NY Exec. L § 312
Seal of New York.png

In addition, New York has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[99]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age (18 and older)
  • Genetic information
  • Marital status
  • Sexual orientation (includes perceived sexual orientation)
  • Lawful use of any product or lawful recreational activities when not at work
  • Military status or service
  • Observance of Sabbath
  • Political activities
  • Use of service dog
  • Criminal accusation
  • Domestic violence victim status[7]

The state's nondiscrimination law applies to employers with at least four employees and is enforced by the New York Division of Human Rights.[99]

North Carolina

As of March 2015, North Carolina had passed its own state law regarding affirmative action requirements or plans for public employers, the North Carolina Human Resources Act. The act requires the legislative branch, the judicial branch, each state department and the University of North Carolina to submit Equal Employment Opportunity plans for the hiring of minorities. The plans are submitted annually to the State Human Resources Commission.[100]

See law: NC G.S. 126‑19
Seal of North Carolina.png

Additionally, North Carolina has a nondiscrimination law which identifies the following as protected traits in addition to those protected by federal law:[101]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex
  • Disability: physical or mental
  • Age
  • Genetic information
  • AIDS/HIV
  • Lawful use of lawful product when not at work
  • Military status or service
  • Sickle cell or hemoglobin C trait[7]

The state's nondiscrimination law applies to employers with at least 15 employees and is enforced by the North Carolina State Human Resources Commission.[101][102]

North Dakota

As of March 2015, North Dakota had not passed its own state law regarding affirmative action requirements or plans for public or private employers.[103]

Seal of North Dakota.png

However, North Dakota does have a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[104]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age (40 and older)
  • Marital status
  • Lawful conduct outside of work
  • Receiving public assistance
  • Keeping and bearing arms (as long as firearm is never exhibited on company property except for lawful defensive purposes)
  • Status as a volunteer emergency responder[7]

The state's nondiscrimination law applies to all employers with at least one employee and is enforced by the North Dakota Department of Labor and Human Rights.[104]

Ohio

As of March 2015, the Ohio Department of State Personnel has adopted rules requiring all state agencies and state contractors and sub-contractors to have an affirmative action plan. The rules state that the "plan shall consist of a set of specific, result-oriented procedures designed to promote equal employment opportunity for all state employees and candidates for state employment." Moreover, the rules stipulate that the affirmative action plan must identify and analyze roadblocks to remedying the underutilization of minorities and women. An Equal Opportunity Division was also established within the Department of Administrative Services, along with a state equal employment opportunity coordinator to head the division. Each state agency is also required to appoint an equal employment opportunity officer.[105][106]

Seal of Ohio.png
See rule: Ohio Admin. Code Ch. 123:1-49-04
See rule: Ohio Admin. Code Ch. 123:2-3

In addition, Ohio has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[107]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical, mental, or learning
  • Age (40 and older)
  • Military status
  • Caring for a parent, child, sibling, or spouse injured while in the armed service[7]

The state's nondiscrimination law applies to employers with at least four employees and is enforced by the Ohio State Civil Rights Commission.[107]

Oklahoma

In Oklahoma, Article II, Section 36 of the Oklahoma Constitution prohibits affirmative action in state employment and contracting. The constitution was amended by the Oklahoma Affirmative Action Ban Amendment in 2012. The amendment does not, however, prevent agencies and organizations that receive federal funding from utilizing affirmative action programs according to federal law.[108]

See law: Article II, Section 36, Oklahoma Constitution
Seal of Oklahoma.png

Oklahoma also has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[109]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex
  • Disability: physical or mental
  • Age (40 and older)
  • Genetic information
  • Military service
  • Being a smoker or nonsmoker, or using tobacco, off duty[7]

The state's nondiscrimination law applies to any employer with at least one employee and is enforced by the Oklahoma Office of Civil Rights Enforcement.[109]

Oregon

As of March 2015, Oregon has its own state law regarding affirmative action requirements or plans for government agencies. Oregon's affirmative action law stipulates that each state agency is required to develop an affirmative action plan and report on the effectiveness of those plans every two years. The report should include information on state contracts awarded to minority-owned businesses. Evaluation of personnel managers should consider how well the manager achieves the agency's affirmative action goals.[110]

Seal of Oregon.png
See statutes: ORS Sec. 659A.012 and 659A.015

In addition, Oregon has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[111]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental (applies to employers with 6 or more employees)
  • Age (18 and older)
  • Genetic information
  • Marital status
  • Sexual orientation
  • Parent with court-imposed medical support order
  • Domestic violence victim status
  • Refusal to attend an employer-sponsored meeting with the primary purpose of communicating the employer's opinion on religious or political matters[7]

The state's nondiscrimination law applies to employers with at least one or more employees and is enforced by the Civil Rights Division, Bureau of Labor and Industries.[111]

Pennsylvania

As of March 2015, Pennsylvania had passed its own state law regarding affirmative action requirements or plans for public employers. The Apprenticeship and Training Act requires that apprenticeship programs must develop and implement an affirmative action plan in order to register with the state Apprenticeship and Training Council. The law states that execution of an affirmative action plan should "equalize opportunity in apprenticeship so as to follow full utilization of the work potential of minorities and women."[112][113]

Seal of Pennsylvania.png
See law: Apprenticeship and Training Act

In addition, Pennsylvania has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[114]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age (40 to 70)
  • GED rather than high school diploma
  • Use of service animal
  • Relationship or association with disabled person[7]

The state's nondiscrimination law applies to employers with at least four employees and is enforced by the Human Relations Commission.[114]

Rhode Island

As of March 2015, Rhode Island had passed its own state law regarding affirmative action requirements or plans for public employers. Rhode Island requires all state agencies to develop annual affirmative action plans. The plans should detail steps for each agency to take in order to "correct any continuing deficiencies in the employment of women, persons with disabilities, and minorities in the workforce." The governor reports annually on the status of affirmative action and equal employment in state agencies.[115]

See law: RI Gen. Laws Sec. 28-5-40
Seal of Rhode Island.png

In addition, Rhode Island has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[116]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age (40 and older)
  • Genetic information
  • Sexual orientation (includes perceived sexual orientation)
  • AIDS/HIV
  • Domestic abuse victim
  • Gender identity or expression
  • Homelessness[7]

The state's nondiscrimination law applies to employers with at least four employees (or more than one employee for gender-based wage discrimination) and is enforced by the Rhode Island Commission for Human Rights.[116]

South Carolina

As of March 2015, South Carolina had passed its own state law, the South Carolina Human Affairs Law, regarding affirmative action requirements or plans for state agencies. The law requires each state agency to develop an annual affirmative action plan for the employment of women and minorities. The plans are submitted to the Human Affairs Commission for approval.[117][118]

See law: South Carolina Human Affairs Law
Seal of South Carolina.png

South Carolina also has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[119]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age (40 and older)[7]

The state's nondiscrimination law applies to employers with at least 15 employees and is enforced by the South Carolina Human Affairs Commission.[119]

South Dakota

As of March 2015, South Dakota had not passed its own state law regarding affirmative action requirements or plans for either public or private employers.[120]

Seal of South Dakota.png

South Dakota does have a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[121]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex
  • Disability: physical or mental
  • Genetic information
  • Preexisting injury[7]

The state's nondiscrimination law applies to all employers with at least one employee and is enforced by the South Dakota Division of Human Rights.[121]

Tennessee

As of March 2015, Tennessee had not passed its own state law with affirmative action requirements or plans for public or private employers. However, the state's Fair Employment Practices Law protects any employer that adopts an affirmative action plan. The law states that it is not considered discrimination to adopt such a plan, although the Tennessee Human Rights Commission must approve the plan.[122][123]

Seal of Tennessee.png
See law: Tennessee Fair Employment Practices Law

Tennessee also has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[124]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical, mental, or visual
  • Age (40 and older)
  • Use of guide dog[7]

The state's nondiscrimination law applies to employers with at least eight employees, although any employer with at least one employee is subject to the state's gender discrimination law. Both laws are enforced by the Tennessee Human Rights Commission.[124]

Texas

As of March 2015, Texas had passed three laws regarding affirmative action in employment. According to Texas law, it is not considered discrimination for any employer, public or private, to develop personnel policies geared toward workforce diversity. However, state law specifically clarifies that employers are not required to give preferential treatment to any person due to their "race, color, disability, religion, sex, national origin, or age" to narrow any gap between the percentage of such persons employed and the percentage in the general population. Furthermore, the law states that it is illegal to prevent any person admission into a training program based on these qualities, unless that program is being administered under an affirmative action plan required by federal law.[125]

Seal of Texas.png
See statute: Labor Code Sec. 21.054. Admission or Participation in Training Program
See statute: Labor Code Sec. 21.113. Imbalance plan not required
See statute: Labor Code Sec. 21.121. Work Force Diversity Programs

Texas also has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[126]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age (40 and older)
  • Genetic information[7]

The state's nondiscrimination law applies to employers with at least 15 employees and is enforced by the Civil Rights Division of the Texas Workforce Commission.[126]

Utah

Utah law does not mention affirmative action; however, it requires the development of an Equal Employment Opportunity (EEO) plan that follows the guidelines of federal law. The plan is prepared by the executive director of the Department of Human Resource Management and enforced by the Anti-Discrimination and Labor Division of Utah's Labor Commission. It applies only to state career service employees. The law also specifically states that it does not require hiring quotas or preferential treatment of any identifiable group.[127][128]

Seal of Utah.png
See law: UT Code § 67-19-6.3

In addition, Utah has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[129][130]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age (40 and older)
  • Genetic information
  • AIDS/HIV[7]

The state's nondiscrimination law applies to employers with at least 15 employees and is enforced by the Anti-Discrimination and Labor Division of Utah's Labor Commission.[130]

Vermont

As of March 2015, Vermont's law required state agencies to keep the hiring process free of barriers that could potentially block the employment of individuals "based on age, sex, sexual orientation, mental or physical disability or condition, race, creed, color, national origin, or human immunodeficiency virus (HIV) status." Each state agency must also develop and implement an Equal Employment Opportunity Program with diversity goals and objectives.[131][132]

See law: Executive Order No. 3-59
Seal of Vermont.png

In addition, Vermont has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[133]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex
  • Disability: physical, mental, or emotional
  • Age (18 and older)
  • Genetic information
  • Sexual orientation
  • AIDS/HIV
  • Place of birth
  • Gender identity
  • Credit report or credit history[7]

The state's nondiscrimination law applies to all employers with at least one employee and is enforced by the Civil Rights Unit of the Vermont Attorney General's Office.[133]

Virginia

Virginia's affirmative action law comes from Executive Order Number One, issued in 2006 by former Governor Tim Kaine (D). The order requires state agencies to take affirmative action with regards to the employment of women, minorities, disabled workers and older workers. The director of the Department of Human Resource Management determines what measures are necessary. The order specifically states it does not require the lowering of qualifications and standards or preferential treatment.[134][135]

See order: Executive Order Number One, 2006
Seal of Virginia.png

Virginia also has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[136]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age
  • Genetic information
  • Marital status[7]

The state's nondiscrimination law applies to all employers with at least one employee and is enforced by the Virginia Human Rights Council.[136]

Washington

In Washington, Section 400 of Chapter 49.60 of Washington's state code prohibits preferential treatment and discrimination in state employment and contracting. The section was added by the Washington Initiative 200 in 1998. The law did not, however, prevent agencies and organizations that received federal funding from utilizing affirmative action programs according to federal law.[137]

See law: RCW 49.60.400
Seal of Washington.png

In addition, Washington has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[138]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, related medical conditions, and breastfeeding)
  • Disability: physical, mental, or sensory
  • Age (40 and older)
  • Genetic information
  • Marital status
  • Sexual orientation
  • AIDS/HIV
  • Hepatitis C infection
  • Member of state militia
  • Use of service animal
  • Gender identity
  • Domestic violence victim status[7]

The state's nondiscrimination law applies to employers with at least eight employees (one or more employees for gender-based wage discrimination) and is enforced by the Washington Human Rights Commission.[138]

West Virginia

As of March 2015, West Virginia had not passed its own state law regarding affirmative action requirements or plans for public or private employers. However, the state does have a nondiscrimination law that ensures equal employment opportunity at all public agencies and expressly bars the use of quotas.[139][140]

Seal of West Virginia.png

In addition, West Virginia's nondiscrimination law identifies the following as protected traits in addition to those protected by federal law:[141]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex
  • Disability: physical or mental, blindness
  • Age (40 and older)
  • AIDS/HIV
  • Off-duty tobacco use[7]

The state's nondiscrimination law applies to employers with at least 12 employees and is enforced by the West Virginia Human Rights Commission.[141]

Wisconsin

As of March 2015, Wisconsin had passed its own state law regarding affirmative action requirements or plans for public employers. The Wisconsin State Employees' Antidiscrimination Law requires all state agencies to have affirmative action plans with timetables and goals for balancing the proportion of disadvantaged groups employed by the state with the proportion of those in the general workforce. The plans are submitted to and approved by the director of the Office of State Employment Relations.[142]

See law: Wisconsin State Employees' Antidiscrimination Law
Seal of Wisconsin.png

In addition, Wisconsin has a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[143]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability: physical or mental
  • Age (40 and older)
  • Genetic information
  • Marital status
  • Sexual orientation (includes having a history of or being identified with a preference)
  • Arrest or conviction record
  • Military service
  • Off-duty use of lawful product[7]

The state's nondiscrimination law applies to employers with at least one employee and is enforced by The Department of Workforce Development.[143]

Wyoming

As of March 2015, Wyoming had not passed its own state law regarding affirmative action requirements or plans for public or private employers.[144]

Seal of Wyoming.png

Wyoming does have a nondiscrimination law, which identifies the following as protected traits in addition to those protected by federal law:[145]

"
  • Race
  • Color
  • National origin
  • Religion
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Disability
  • Age (40 and older)
  • Military service or status
  • Off-duty tobacco use[7]

The state's nondiscrimination law applies to employers with at least two employees and is enforced by the Wyoming Department of Workforce Services.[145]

Affirmative action and anti-discrimination legislation

The following is a list of recent affirmative action and anti-discrimination bills that have been introduced in or passed by the state legislatures. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.

Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.


Ballot measures lists

By state

Note: The list below automatically compiles all potential and certified ballot measures being tracked by Ballotpedia. Sometimes a measure that has been abandoned by petitioners or in the legislature will still be listed until a legal deadline passes. As more deadlines pass in any given year, the list will more accurately represent which measures will actually go before voters in the current year.

Arizona

  1. Arizona Proposition 107, Affirmative Action Amendment (2010)

California

  1. California Proposition 209, Affirmative Action Initiative (1996)
  2. California Proposition 54, Prohibit State Classification Based on Race in Education, Employment, and Contracting Initiative (October 2003)
  3. California Proposition 16, Repeal Proposition 209 Affirmative Action Amendment (2020)

Colorado

  1. Colorado Amendment 46, Elimination of Affirmative Action Initiative (2008)

Michigan

  1. Michigan Proposal 06-2, Affirmative Action Initiative (2006)

Nebraska

  1. Nebraska Measure 424, Affirmative Action Initiative (2008)

Oklahoma

  1. Oklahoma State Question 759, Affirmative Action Amendment (2012)

Washington

  1. Washington Initiative 200, Affirmative Action Measure (1998)
  2. Washington Referendum 88, Vote on I-1000 Affirmative Action Measure (2019)

Wisconsin

  1. Wisconsin Question 2, Equality of Sexes Amendment (April 1973)

By year

Note: The list below automatically compiles all potential and certified ballot measures being tracked by Ballotpedia. Sometimes a measure that has been abandoned by petitioners or in the legislature will still be listed until a legal deadline passes. As more deadlines pass in any given year, the list will more accurately represent which measures will actually go before voters in the current year.

2020

  1. California Proposition 16, Repeal Proposition 209 Affirmative Action Amendment (2020)

2019

  1. Washington Referendum 88, Vote on I-1000 Affirmative Action Measure (2019)

2012

  1. Oklahoma State Question 759, Affirmative Action Amendment (2012)

2010

  1. Arizona Proposition 107, Affirmative Action Amendment (2010)

2008

  1. Colorado Amendment 46, Elimination of Affirmative Action Initiative (2008)
  2. Nebraska Measure 424, Affirmative Action Initiative (2008)

2006

  1. Michigan Proposal 06-2, Affirmative Action Initiative (2006)

2003

  1. California Proposition 54, Prohibit State Classification Based on Race in Education, Employment, and Contracting Initiative (October 2003)

1998

  1. Washington Initiative 200, Affirmative Action Measure (1998)

1996

  1. California Proposition 209, Affirmative Action Initiative (1996)

1973

  1. Wisconsin Question 2, Equality of Sexes Amendment (April 1973)

Did not make ballot

Did not make ballot

  1. Arizona Proposition 104 (2008)
  2. Colorado Discrimination/Preferential Treatment Initiative (2008)
  3. Colorado Equal Opportunity Initiative (2008)
  4. Oklahoma State Question No. 737 (2008)
  5. Missouri Affirmative Action Ban (2010)
  6. Utah Affirmative Action Amendment (2010)
  7. Utah Civil Rights Amendment (2012)
  8. California Affirmative Action in Education Amendment (2014)
  9. Washington Affirmative Action Ban for Businesses Initiative (2017)
  10. Washington Affirmative Action Ban for Government Initiative (2018)
  11. Washington Affirmative Action Ban for Businesses Initiative (2018)
  12. Washington Affirmative Action and Diversity Commission Initiative (2018)
  13. Washington Initiative 1000, Affirmative Action and Diversity Commission Measure (2019)
  14. Washington Affirmative Action, Discrimination, and Preferential Treatment Policy Initiative (2020)
  15. Washington Affirmative Action Ban Initiative (2020)
  16. Florida Civil Rights Initiative (2000)
  17. Missouri Civil Rights Initiative (2008)
  18. Washington Vaccinations, Infectious Disease Data, and Affirmative Action Policies Initiative (2020)
  19. Washington Define and Prohibit Preferential Treatment Initiative (2021)
  20. Arizona Race and Ethnicity Affirmative Action, Programs, and Requirements Amendment (2024)
  21. California Amend Proposition 209 to Authorize State Programs Based on Race, Ethnicity, National Origin, or Genders Amendment (2024)
Voting on
Affirmative Action
Affirmative action ballots 2.jpg
Ballot Measures
By state
By year
Not on ballot


Issues
IssuesBallot logo final.jpg

Measures by topic
Measures by year
Measures by state



Recent news

The link below is to the most recent stories in a Google news search for the terms Affirmative action. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

Footnotes

  1. 1.0 1.1 1.2 National Conference of State Legislatures, "Affirmative Action | Overview," February 7, 2015
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