Bismarck, ND

North Dakota

63

Non-Discrimination Laws**

This category evaluates whether discrimination on the basis of sexual orientation and gender identity is prohibited by the city, county, or state in areas of employment, housing, and public accommodations.

** On June 15, 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County, Georgia that sexual orientation and gender identity discrimination are prohibited under federal sex-based employment protections. Nevertheless, it is imperative that localities continue enacting explicitly LGBTQ+-inclusive comprehensive non-discrimination laws since it will likely take additional litigation for Bostock to be fully applied to all sex-based protections under existing federal civil rights law. Moreover, federal law currently lacks sex-based protections in numerous key areas of life, including public spaces and services. Lastly, there are many invaluable benefits to localizing inclusive protections even when they exist on higher levels of government. For these reasons, the MEI will continue to only award credit in Part I for state, county, or municipal non-discrimination laws that expressly include sexual orientation and gender identity. Credit may be awarded on the state level if a state has definitively applied Bostock’s reasoning to include LGBTQ+ people under state sex nondiscrimination protections.

Legend: Sexual Orientation Gender Identity
Criteria State County City Total Points
Available
Employment Sexual Orientation: 5 Gender Identity: 5 Sexual Orientation: 0 Gender Identity: 0 Sexual Orientation: 5 Gender Identity: 5 Sexual Orientation: 5 Gender Identity: 5
Housing Sexual Orientation: 5 Gender Identity: 5 Sexual Orientation: 0 Gender Identity: 0 Sexual Orientation: 0 Gender Identity: 0 Sexual Orientation: 5 Gender Identity: 5
Public Accommodations Sexual Orientation: 5 Gender Identity: 2 Sexual Orientation: 0 Gender Identity: 0 Sexual Orientation: 0 Gender Identity: 0 Sexual Orientation: 5 Gender Identity: 5
Total Total Points
27
Out of
30

Flex Points

Legend: Sexual Orientation Gender Identity
Criteria State County City Total Points
Available
All-Gender Single Occupancy Facilities 0 0 0 2
Protects Youth From Conversion Therapy 0 0 0 2

Municipality as Employer

By offering equivalent benefits and protections to LGBTQ+ employees, awarding contracts to fair-minded businesses, and taking steps to ensure an inclusive workplace, municipalities commit themselves to treating LGBTQ+ employees equally.

Legend: Sexual Orientation Gender Identity
Criteria State County City Total Points
Available
Non-Discrimination in City Employment Not Applicable Not Applicable Sexual Orientation: 7 Gender Identity: 7 Sexual Orientation: 7 Gender Identity: 7
Transgender-Inclusive Healthcare Benefits Not Applicable Not Applicable 0 6
City Contractor Non-Discrimination Ordinance Not Applicable Not Applicable Sexual Orientation: 0 Gender Identity: 0 Sexual Orientation: 3 Gender Identity: 3
Inclusive Workplace Not Applicable Not Applicable 0 2
Total Total Points
14
Out of
28

Flex Points

Legend: Sexual Orientation Gender Identity
Criteria State County City Total Points
Available
City Employee Domestic Partner Benefits Not Applicable Not Applicable 0 1

Municipal Services

This section assesses the efforts of the city to ensure LGBTQ+ constituents are included in city services and programs.

Legend: Sexual Orientation Gender Identity
Criteria State County City Total Points
Available
Human Rights Commission Not Applicable 0 5 5
Enforcement Mechanism in Human Rights Commission Not Applicable 0 0 2
LGBTQ+ Liaison in City Executive's Office Not Applicable Not Applicable 0 5
Total Total Points
5
Out of
12

Flex Points

Legend: Sexual Orientation Gender Identity
Criteria State County City Total Points
Available
Youth Bullying Prevention Policy for City Services Not Applicable Not Applicable Sexual Orientation: 0 Gender Identity: 0 Sexual Orientation: 1 Gender Identity: 1
City provides services to/supports LGBTQ+ youth Not Applicable Not Applicable 0 2
City provides services to/supports LGBTQ+ people experiencing homelessness Not Applicable Not Applicable 0 2
City provides services to/supports LGBTQ+ older adults Not Applicable Not Applicable 0 2
City provides services to/supports people living with HIV or AIDS Not Applicable Not Applicable 0 2
City provides services to/supports the transgender community Not Applicable Not Applicable 0 2

Law Enforcement

Fair enforcement of the law includes responsible reporting of hate crimes and engaging with the LGBTQ+ community in a thoughtful and respectful way.

Legend: Sexual Orientation Gender Identity
Criteria State County City Total Points
Available
LGBTQ+ Police Liaison or Task Force Not Applicable Not Applicable 0 10
Reported 2019 Hate Crimes Statistics to the FBI Not Applicable Not Applicable 12 12
Total Total Points
12
Out of
22

Leadership on LGBTQ+ Equality

This category measures the city leadership’s commitment to fully include the LGBTQ+ community and to advocate for full equality.

Legend: Sexual Orientation Gender Identity
Criteria State County City Total Points
Available
Leadership's Public Position on LGBTQ+ Equality Not Applicable Not Applicable 3 5
Leadership's Pro-Equality Legislative or Policy Efforts Not Applicable Not Applicable 2 3
Total Total Points
5
Out of
8

Flex Points

Legend: Sexual Orientation Gender Identity
Criteria State County City Total Points
Available
Openly LGBTQ+ elected or appointed municipal leaders Not Applicable Not Applicable 0 2
City test limits of restrictive state law Not Applicable Not Applicable 0 3

Total Score

Total scores are on a scale of 0 - 100. A score of 0 means the state does not have laws, policies, and services that support LGBTQ people.

Score Available
Standard
63
Out of
100
Flex
0
Out of
22
Total
63
Out of
100

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