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Not All Laws are Created Equal: Legal Differences in State Non-Discrimination Laws and the Impact of LGBT Employment Protections

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  • Ian Burn

    (Stockholm University)

Abstract

In this paper, I study the impact of legal differences in state employment nondiscrimination acts (ENDAs) for gay men and lesbian women on labor market outcomes. Employing a DDD approach, I show that enacting an employment non-discrimination act is associated with increased wages of gay men and decreased employment of lesbian women. If all employment non-discrimination acts are treated as identical, these laws increased the hourly wages of gay men by 2.7% and decreased the employment of lesbian women by 1.7% and their hours worked by 0.7 hours. The results show that the strength of the law can result in heteroge-neous effects of the laws for gay men, but not for lesbian women. ENDAs with both punitive and compensatory damage provisions resulted in smaller wage increases for gay men than ENDAs with only compensatory damage provisions. ENDAs with longer statutes of limitations for complaints increased the employment of gay men, whereas laws with shorter statutes of limitations decreased employment. Based on the estimates from the state-level employment non-discrimination acts, I argue that extending federal protections under Title VII would lead to a small increase in the wages of gay men, but would significantly reduce the employment of lesbian women.

Suggested Citation

  • Ian Burn, 2018. "Not All Laws are Created Equal: Legal Differences in State Non-Discrimination Laws and the Impact of LGBT Employment Protections," Journal of Labor Research, Springer, vol. 39(4), pages 462-497, December.
    • Handle: RePEc:spr:jlabre:v:39:y:2018:i:4:d:10.1007_s12122-018-9272-0
    DOI: 10.1007/s12122-018-9272-0
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    Cited by:

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    3. Tampellini, João, 2024. "Latin American pride: Labor market outcomes of sexual minorities in Brazil," Journal of Development Economics, Elsevier, vol. 167(C).
    4. Riccardo Ciacci & Dario Sansone, 2023. "The impact of sodomy law repeals on crime," Journal of Population Economics, Springer;European Society for Population Economics, vol. 36(4), pages 2519-2548, October.
    5. Ian Burn, 2020. "The Relationship between Prejudice and Wage Penalties for Gay Men in the United States," ILR Review, Cornell University, ILR School, vol. 73(3), pages 650-675, May.
    6. Kristen D. Clark & Mitchell R. Lunn & Eliot M. Lev & Michael A. Trujillo & Micah E. Lubensky & Matthew R. Capriotti & Thomas J. Hoffmann & Juno Obedin-Maliver & Annesa Flentje, 2022. "State-Level Policy Environments, Discrimination, and Victimization among Sexual and Gender Minority People," IJERPH, MDPI, vol. 19(16), pages 1-16, August.
    7. Dimitrios Nikolaou, 2022. "Same‐sex marriage laws, LGBT hate crimes, and employment discrimination charges," Southern Economic Journal, John Wiley & Sons, vol. 88(3), pages 869-905, January.
    8. Enzo Brox & Riccardo Di Francesco, 2024. "The Cost of Coming Out," Papers 2403.03649, arXiv.org, revised Jun 2024.
    9. Sansone, Dario, 2019. "Pink work: Same-sex marriage, employment and discrimination," Journal of Public Economics, Elsevier, vol. 180(C).
    10. Scott Delhommer & Domonkos F. Vamossy, 2024. "Effect of State and Local Sexual Orientation Anti-Discrimination Laws on Labor Market Differentials," Papers 2404.03794, arXiv.org.
    11. Burn, Ian & Kettler, Kyle, 2019. "The more you know, the better you’re paid? Evidence from pay secrecy bans for managers," Labour Economics, Elsevier, vol. 59(C), pages 92-109.
    12. Cevat Giray Aksoy & Christopher S. Carpenter & Ralph De Haas & Mathias Dolls & Lisa Windsteiger, 2023. "Reducing Sexual Orientation Discrimination: Experimental Evidence from Basic Information Treatments," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 42(1), pages 35-59, January.
    13. Michael E. Martell & Leanne Roncolato, 2023. "Economic Vulnerability of Sexual Minorities: Evidence from the US Household Pulse Survey," Population Research and Policy Review, Springer;Southern Demographic Association (SDA), vol. 42(2), pages 1-74, April.
    14. Patrick Button & Philip Armour & Simon Hollands, 2023. "Estimating the Effects of the ADA Amendments Act on the Hiring and Termination of Individuals with Disabilities, Using New Disability Categorizations," Upjohn Working Papers 22-377, W.E. Upjohn Institute for Employment Research.
    15. Jepsen, Christopher & Jepsen, Lisa, 2022. "Convergence over time or not? U.S. wages by sexual orientation, 2000–2019," Labour Economics, Elsevier, vol. 74(C).
    16. Srikant Devaraj & Pankaj C. Patel, 2022. "State bans on pay secrecy and earnings: Evidence from the National Longitudinal Survey of Youth 1997," British Journal of Industrial Relations, London School of Economics, vol. 60(4), pages 697-734, December.
    17. Delhommer, Scott M. & Hamermesh, Daniel S., 2020. "Same-Sex Couples and the Marital Surplus: The Importance of the Legal Environment," IZA Discussion Papers 13061, Institute of Labor Economics (IZA).
    18. Ian Burn & Michael E. Martell, 2022. "Gender typicality and sexual minority labour market differentials," British Journal of Industrial Relations, London School of Economics, vol. 60(4), pages 784-814, December.
    19. Lyons, Brent J. & Lynch, John W. & Johnson, Tiffany D., 2020. "Gay and lesbian disclosure and heterosexual identity threat: The role of heterosexual identity commitment in shaping de-stigmatization," Organizational Behavior and Human Decision Processes, Elsevier, vol. 160(C), pages 1-18.
    20. Samuel Mann & Nigel O’Leary & David Blackaby, 2022. "Sexual orientation, political trust, and same-sex relationship recognition policies: evidence from Europe," Public Choice, Springer, vol. 192(3), pages 331-355, September.

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    More about this item

    Keywords

    Discrimination; Law and economics; LGBT population;
    All these keywords.

    JEL classification:

    • J15 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Minorities, Races, Indigenous Peoples, and Immigrants; Non-labor Discrimination
    • J31 - Labor and Demographic Economics - - Wages, Compensation, and Labor Costs - - - Wage Level and Structure; Wage Differentials
    • J78 - Labor and Demographic Economics - - Labor Discrimination - - - Public Policy (including comparable worth)
    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law

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