UnderU.S. federal law, public accommodations must beaccessible to the disabled and may not discriminate on the basis of "race, color, religion, or national origin."[2][3] Private clubs were specifically exempted under federal law[4] as well as religious organizations.[5] The definition of public accommodation within theTitle II of the Civil Rights Act of 1964 is limited to "any inn, hotel, motel, or other establishment which provides lodging to transient guests" and so is inapplicable to churches, mosques, synagogues, et al. Section 12187 of the ADA also exempts religious organizations from public accommodation laws,[6] but religious organizations are encouraged to comply.
MostU.S. states have various laws (non-uniform) that provide for nondiscrimination in public accommodations, and some may be broader than federal law.
Legal status of nondiscrimination protections based on gender identity and sex in public accommodations across U.S. states, the District of Columbia, and territories
Bans discrimination in public accommodations based on both gender identity and sex.
Bans discrimination in public accommodations based only on sex, but not gender identity. Limited federal protections apply to gender identity in federally funded contexts only—such as schools, hospitals, shelters, and federal buildings. These protections do not apply to most private businesses (e.g., restaurants, retail stores, or hotels).
Bans discrimination in public accommodations based only on sex; explicitly excludes gender identity from sex. Limited federal protections apply to gender identity in federally funded contexts—such as schools, hospitals, shelters, and federal buildings. These protections do not extend to most private businesses (e.g., restaurants, retail stores, or hotels).
No public accommodations laws. Limited federal protections apply to gender identity and sex in federally funded contexts only—such as schools, hospitals, shelters, and federal buildings. These protections do not apply to most private businesses (e.g., restaurants, retail stores, or hotels).
Many states and their subdivisions prohibited discrimination in places of public accommodation prior to the enactment of Title II of the Civil Rights Act of 1964.[7][8] By 1964, 31 states had such laws, many dating back to the late 19th century.[9] As of 2015, 45 states have an anti-discrimination public accommodation law for nondisabled individuals.[10] The laws all protect against discrimination based upon race, gender, ethnicity, and religion.[10] There are 19 states that prohibit discrimination in public accommodation based upon age.[10]
Because a right to public accommodation for gay and transgender people does not exist in federal law, in more than half the states in the U.S., discrimination in public accommodation against LGBT people remains legal.[11]
Several states also have protections forbreastfeeding in public.[12] In additionseveral states provide for non-discrimination in public accommodation when based upon sexual orientation or gender identity.[13]
^Religious organizations and institutions were not mentioned inTitle II of the Civil Rights Act of 1964, but they received an exemption under Title VII. SeeCorporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos, 483 U.S. 327 (1987).
^For a list of states and localities that had anti-discrimination public accommodation legislation at the time, seeHeart of Atlanta Motel, Inc. v. United States, 379 U.S. 241, page 259 note 8 (1964) (listing statutes) andBell v. Maryland, 378 U.S. 226, pages 284–285 (1964) (listing states and localities).
^abcAlabama, Georgia, Mississippi, North Carolina and Texas do not have such laws."State Public Accommodation Laws". National Conference of State Legislatures.
Cortner, Richard C. (2001).Civil Rights and Public Accommodations: TheHeart of Atlanta Motel andMcClung Cases. Lawrence, Kansas: University Press of Kansas.ISBN978-0-7006-1077-8.
Carothers, Leslie A. (1968).The Public Accommodations Law of 1964: Arguments, Issues and Attitudes in a Legal Debate. Northampton, Massachusetts: Smith College.OCLC160269.
Mook, Jonathan R. (2009).ADA Amendments Act of 2008 and its impact on public accommodations and commercial facilities. Newark, New Jersey: Matthew Bender (Lexis-Nexis).OCLC428087829.
