Keith Mack
While Ohio does not have a statewide law that protects LGBTQ+ people from discrimination, Cleveland is one of the 36 cities and counties in Ohio that have passed local ordinances banning any LGBTQ+ discrimination (based on both sexual orientation and gender identity) in employment, housing, and public accommodations.
| Characteristics | Values |
|---|---|
| State-level protection against discrimination based on gender identity | No |
| Cities and counties with anti-discrimination ordinances that include gender identity | Akron, Athens, Beachwood, Bexley, Bowling Green, Cincinnati, Cleveland, Cleveland Heights, Columbus, Coshocton, Cuyahoga County, Dayton, Dublin, East Cleveland, Galion, Gambier, Golf Manor, Kent, Lakewood, Medina, Newark, Norwood, Oberlin, Olmsted Falls, Oxford, Portsmouth, Reynoldsburg, Sandusky, Shaker Heights, South Euclid, Toledo, University Heights, Westerville, Worthington, Yellow Springs, and Youngstown |
| State-level protection against discrimination based on sexual orientation | Yes |
| State recognition of same-sex marriage | Yes |
| State law allowing same-sex couples to adopt | Yes |
| State law allowing same-sex couples to have equal access to assisted reproduction services | Yes |
| State law banning conversion therapy | No, but seven cities have banned it |
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What You'll Learn
Cleveland's anti-LGBTQ discrimination ordinances
While Ohio does not have a statewide law that protects LGBTQ+ people from discrimination, Cleveland has passed ordinances banning any LGBTQ+ discrimination based on gender identity and sexual orientation. This includes protection from discrimination in employment, housing, and public accommodations.
Cleveland's anti-LGBTQ+ discrimination ordinances provide necessary protections for the city's LGBTQ+ community, who would otherwise have limited legal recourse at the state level. These ordinances send a clear message that discrimination against LGBTQ+ individuals is unacceptable and will not be tolerated within the city limits.
The employment protections in Cleveland's ordinances are particularly significant, given that LGBTQ+ individuals can still be fired from their jobs or denied employment in other parts of Ohio due to a lack of statewide non-discrimination laws. Cleveland's ordinances ensure that public and private employers within the city cannot discriminate against prospective or current employees based on their sexual orientation or gender identity.
In addition to employment protections, Cleveland's anti-discrimination ordinances also cover housing and public accommodations. This means that LGBTQ+ individuals in Cleveland have legal protections against being unfairly evicted, denied housing, or refused the ability to rent or buy property based on their sexual orientation or gender identity. They are also protected from being denied access to public facilities or restrooms that align with their gender identity.
Cleveland's anti-LGBTQ+ discrimination ordinances are a crucial step towards ensuring the equal treatment and protection of the city's LGBTQ+ community. These protections are especially important given the absence of comprehensive statewide non-discrimination laws in Ohio. While there is still work to be done to achieve full equality for LGBTQ+ individuals in Ohio, Cleveland's ordinances represent a significant step in the right direction and provide a model for other cities and counties in the state to follow.
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Housing and public accommodations
While Ohio does not have a statewide law that protects LGBTQ+ people from discrimination, Cleveland is one of the 36 cities in Ohio that have passed local ordinances banning any LGBTQ+ discrimination in housing and public accommodations. These ordinances protect LGBTQ+ individuals from being unfairly evicted, denied housing, or refused the ability to rent or buy housing on the basis of their sexual orientation or gender identity.
In 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that discrimination based on actual or perceived sexual orientation and gender identity or expression is a form of sex-based discrimination under Title VII of the Civil Rights Act of 1964. This ruling provides a federal legal avenue for LGBTQ+ individuals in Cleveland to pursue claims of housing discrimination.
In addition to the legal protections provided by the Bostock v. Clayton County ruling, Cleveland has also passed anti-discrimination ordinances in housing and public accommodations. These ordinances ensure that LGBTQ+ individuals in Cleveland have equal access to housing opportunities and public facilities, such as restrooms, regardless of their sexual orientation or gender identity.
While these local ordinances provide important protections for the LGBTQ+ community in Cleveland, it is worth noting that they may vary in their specifics. Some ordinances may only protect against sexual orientation discrimination, while others include protections for gender identity and expression. As a result, it is important for individuals to understand the specific ordinances in their jurisdiction and seek legal advice if they believe they have experienced discrimination.
Overall, the combination of federal rulings and local ordinances in Cleveland helps to create a framework of protections for LGBTQ+ individuals in the areas of housing and public accommodations. These protections aim to ensure that all members of the community are treated equally and have access to the same opportunities, regardless of their sexual orientation or gender identity.
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Employment discrimination
While Ohio does not have a statewide law that protects LGBTQ+ individuals from discrimination, Cleveland is one of several cities in the state that have passed ordinances banning LGBTQ+ discrimination in employment, housing, and public accommodations. As of January 28, 2021, at least 225 cities and counties in the United States prohibit employment discrimination on the basis of gender identity in both public and private sectors.
Cleveland's anti-discrimination ordinance protects LGBTQ+ individuals from being fired or denied a promotion because they are transgender. It also prohibits the denial of employment-related benefits, such as health insurance, and the creation of a hostile work environment, such as persistent homophobic jokes.
In addition to local ordinances, individuals in Cleveland also have protection under federal law. In 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that discrimination based on sexual orientation and gender identity or expression is a form of sex-based discrimination prohibited under Title VII of the Civil Rights Act of 1964. This ruling established that employment discrimination against LGBTQ+ individuals is illegal across the country.
Despite these protections, there are still gaps in the law, and LGBTQ+ individuals in Ohio continue to face challenges. The state's reliance on executive orders, which can be easily undone, highlights the need for more comprehensive legislative action, such as the proposed Ohio Fairness Act, to provide stronger and more permanent protections against discrimination.
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State law and policy
While Ohio state statutes do not explicitly address discrimination on the basis of gender identity, Cleveland is one of several cities in Ohio that have passed anti-discrimination ordinances providing protections in housing and public accommodations. As of November 1, 2023, 36 cities and counties in Ohio have passed local ordinances banning any LGBTQ discrimination (including on the basis of gender identity) in employment, housing, and public accommodations.
Cleveland passed an ordinance banning discrimination on the basis of sexual orientation and gender identity in 2015. This ordinance prohibits discrimination in employment, housing, and public accommodations. It is important to note that each ordinance is different, and some may offer more protections than others.
In addition to local ordinances, there are some state-level protections for LGBTQ individuals in Ohio. For example, in 2011, Governor John Kasich issued an executive order banning discrimination based on sexual orientation in state hiring. This was expanded in 2018 to include gender identity and expression. However, these executive orders can be easily undone by future governors.
In terms of federal law, the Civil Rights Act of 1964 protects LGBTQ individuals from employment discrimination. The U.S. Supreme Court ruled in Bostock v. Clayton County that discrimination based on sexual orientation and gender identity is a form of sex discrimination under Title VII of the Civil Rights Act. This ruling established that employment discrimination against LGBTQ people is illegal nationwide.
Despite these protections, there are still gaps in the law when it comes to LGBTQ rights in Ohio. There is currently no statewide law that specifically protects LGBTQ individuals from discrimination in all areas, and proposed legislation like the Ohio Fairness Act has not been passed. As a result, LGBTQ individuals in Ohio may still face discrimination in certain contexts.
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Federal law and local ordinances
While Ohio does not have a statewide law that protects LGBTQ+ people from discrimination, Cleveland, as part of Ohio, has passed local ordinances banning any LGBTQ+ discrimination based on gender identity and sexual orientation. This includes protection against discrimination in employment, housing, and public accommodations.
In 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that employment discrimination against LGBTQ+ people is illegal. The Court found that discrimination based on actual or perceived sexual orientation and gender identity or expression is a form of discrimination based on sex under Title VII of the Civil Rights Act of 1964. This federal law is one of the main sources of protection against LGBTQ+ discrimination in the workplace for people in Ohio.
In addition to federal law, local ordinances in Cleveland also provide protection against LGBTQ+ discrimination. As of November 1, 2023, 36 cities and counties in Ohio have passed local ordinances banning LGBTQ+ discrimination, including Cleveland. These ordinances prohibit discrimination in employment, housing, and public accommodations. Cleveland passed an ordinance banning discrimination in 2015, and in 2022, the city legally banned conversion therapy.
While these federal laws and local ordinances offer some protection for LGBTQ+ individuals in Cleveland, it is important to note that Ohio's reliance on executive orders and the lack of statewide legislation leave room for improvement in ensuring comprehensive and consistent protection across the state.
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Frequently asked questions
Yes, Cleveland is one of 33 cities in Ohio that have anti-discrimination ordinances prohibiting discrimination on the basis of gender identity and sexual orientation in employment, housing, and public accommodations.
Employment discrimination includes denying someone training, advancement, or promotion opportunities, creating a hostile work environment, and publishing recruitment ads that include a preference or prohibition based on LGBTQ status.
No, Ohio does not have a statewide law that protects LGBTQ people from discrimination. However, in 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that employment discrimination against LGBTQ people is illegal.
Some other cities in Ohio with anti-discrimination laws include Akron, Athens, Beachwood, Bexley, Bowling Green, Cincinnati, Columbus, Coshocton, Cuyahoga County, Dayton, East Cleveland, Lakewood, Newark, South Euclid, Toledo, and Youngstown.
Same-sex sexual activity has been legal in Ohio since 1974, and same-sex marriage has been legally recognized since 2015. Additionally, seven Ohio cities have banned conversion therapy on minors, and LGBTQ individuals have equal access to assisted reproduction services.
