California - Comprehensive Protection Model:
- Coverage: 5+ employees for harassment, 1+ for some discrimination
- Protected classes: Extensive list including sexual orientation, gender identity, military status
- Deadlines: 3 years for some claims, 1 year for others
- Remedies: No damage caps, enhanced attorney fees, strong injunctive relief
- Special features: Mandatory sexual harassment training, anti-SLAPP protection
New York - Enhanced Sexual Harassment Focus:
- Coverage: 4+ employees for sexual harassment, graduated coverage for other harassment
- Protected classes: Broad including sexual orientation, gender identity, criminal history
- Deadlines: 3 years for sexual harassment, 1 year for other harassment
- Remedies: No damage caps, punitive damages available, enhanced enforcement
- Special features: Mandatory sexual harassment training, NDA restrictions
Illinois - Streamlined Process:
- Coverage: 15+ employees (same as federal) but enhanced procedures
- Protected classes: Comprehensive including sexual orientation, gender identity
- Deadlines: 300 days (federal standard) but with state agency efficiency
- Remedies: No damage caps, broad remedial authority
- Special features: Efficient state agency process, strong anti-retaliation protection
States with Limited Harassment Protection
Right-to-Work States with Minimal Enhancement:
Several southern and southwestern states provide minimal enhancement beyond federal law:
- Texas: Limited state protections, primarily relies on federal standards
- Florida: Basic coverage similar to federal law with few enhancements
- Georgia: No state civil rights agency, relies entirely on federal protection
- North Carolina: Limited state law protection, federal law primary recourse
Research Strategy for Limited-Protection States:
- Focus on federal law protections and EEOC process
- Research local ordinances that may provide additional protection
- Consider whether neighboring state law provides strategic advantages
- Evaluate whether federal court filing offers better prospects than state court
- Assess whether employer operates in multiple states with varying laws
Unique State Law Features
Innovative State Protections:
- Connecticut: "Bystander intervention" requirements for harassment witnesses
- Vermont: Comprehensive protection including personal appearance and HIV status
- Maine: "Sexual orientation" and "gender identity" protection since 2005
- Oregon: Comprehensive protection with unique remedial provisions
- Washington: Strong protection with enhanced enforcement mechanisms
State-Specific Legal Concepts:
- California "Severe or pervasive" standard: May be more plaintiff-friendly than federal
- New York "Power-based harassment": Recognizes harassment based on power dynamics
- Massachusetts "Quid pro quo" expansion: Broader definition than federal law
- Illinois "Personal dignity" protection: Broader harassment definition
- Minnesota "Pattern of harassment": Specific recognition of systemic harassment