Disclaimer

1
Disclaimer
Sexual Orientation Gender Identity

• The information contained in this presentation is
  a brief overview and should not be construed as
  legal advice or exhaustive coverage of the topic.

2
Iowa Civil Rights Commission

• The state administrative agency which
  enforces the Iowa Civil Rights Act of 1965
  (Chapter 216 of the Iowa Code)

3
Our Mission Our Vision

• Vision A state free from Discrimination
• Mission To enforce Civil Rights through
  Compliance, Mediation, Advocacy, and Education

4
Areas Covered

• Employment
• Housing
• Credit
• Public Accommodations
• Education

5
Protected Personal Characteristics

• Physical Disability
• Mental Disability (not in Credit)
• Age (Employment and Credit only)
• Familial Status (Housing and Credit only)
• Marital Status (Credit only)
• Retaliation

• Race
• Color
• Creed
• National Origin
• Religion
• Sex/Pregnancy
• Sexual Orientation
• Gender Identity

6
Section 1. Section 216.2, Code 2007, is amended
by adding the following new subsections NEW
SUBSECTION. 9A. "Gender identity" means a
Gender related identity of a person, regardless
of the person's assigned sex at birth. NEW
SUBSECTION. 12A. "Sexual orientation" means
actual or perceived heterosexuality,
homosexuality, or bisexuality.
7
Gender Identity
A persons actual or perceived sex, including a
persons identity, appearance, expression, or
behavior with respect to actual or perceived sex,
whether or not that identity, appearance,
expression or behavior is different from that
traditionally associated with the persons sex at
birth.
8
Sexual Orientation

• a persons emotional and sexual attraction to
  other people based on the gender of the other
  person (e.g. heterosexual, lesbian, gay or
  bisexual, ).
• Sexual orientation and gender identity are two
  different things. Not all transgender people
  identify as gay, lesbian or bisexual.
• Not all gay, lesbian and bisexual people display
  gender non-conforming characteristics.

9
Orientation
We often confuse sexual orientation with gender
orientation. Given the awareness that the public
has today about the wide range of sexual
orientation in the population, we often hear
questions in the area of gender
orientation. There is much confusion about this
subject, and much fear. The fear that emerges
when someone is different varies, but we can see
extreme examples in today's media. One such
example is the recent brutal murder of a young
man in California who dressed and lived as a
woman. How we react to people who seem so
different is very much an educational process.
In our countrys early history many Native
American communities viewed men who took on the
female role and women who took on the male role
as special and gifted individuals, and called
them The Two Spirit People. The fear that
early settlers experienced at encountering these
special people gave rise to their pursuit and
execution.
10
The Diagnostic and Statistical Manual of Mental
Disorders, published by the American Psychiatric
Association and defining the standard of the
field, does not include homosexuality as a mental
disorder. All other major health professional
organizations have supported the American
Psychiatric Association in its declassification
of homosexuality as a mental disorder in 1973.
11
Sexual IdentityIs This The Year?

• Employment Nondiscrimination Act
• Prohibits discrimination on the basis of
  perceived or actual
• GENDER IDENTITY- The term gender identity' means
  the gender-related identity, appearance, or
  mannerisms or other gender-related
  characteristics of an individual, with or without
  regard to the individual's designated sex at
  birth or
• SEXUAL ORIENTATION- The term sexual orientation'
  means homosexuality, heterosexuality, or
  bisexuality.

12
Sexual IdentityIs This The Year?

• to discriminate against any individual because
  of such individual's actual or perceived sexual
  orientation or gender identity or
• to limit, segregate, or classify the employees or
  applicants for employment of the employer in any
  way that would deprive or tend to deprive any
  individual of employment or otherwise adversely
  affect the status of the individual as an
  employee, because of such individual's actual or
  perceived sexual orientation or gender identity.

13
Sexual IdentityIs This The Year?

• Employer policies
• Sexual Harassment
• Policy must prohibit/contemplate sexual identity
• Bathrooms
• provide reasonable access to adequate facilities
  that are not inconsistent with the employee's
  gender identity as established with the employer
  at the time of employment or upon notification to
  the employer that the employee has undergone or
  is undergoing gender transition, whichever is
  later.

14
Sexual IdentityIs This The Year?

• Employer policies
• Dress Code
• permit any employee who has undergone gender
  transition prior to the time of employment, and
  any employee who has notified the employer that
  the employee has undergone or is undergoing
  gender transition after the time of employment,
  to adhere to the same dress or grooming standards
  for the gender to which the employee has
  transitioned or is transitioning.
• Marriage
• An unlawful employment practice includes any
  policy conditioned on marriage or the ability to
  marry in a state where same sex marriage is
  prohibited.

15
Discrimination

• The essence of liability under the Iowa Civil
  Rights Act is that people within a protected
  class are treated differently than those not in
  the class
• Disparate treatment--example
• Standards for hiring a woman are different than
  those for hiring a man for the same position
• Disparate impact--example
• Height or weight requirements for a position,
  High School diploma required and GED not
  acceptable, married only

16
Disparate Treatment

• In order for a Complainant to show a prima facie
  case of disparate treatment the Complainant must
  show
• The Complainant was a member of a protected class
• The Complainant applied for a job or promotion
  etc. and was qualified
• The Complainant was not hired or promoted etc.
• The Respondent/employer continued to search or
  hired someone outside of the protected class

17
Disparate Treatment

• If the Complainant makes out a prima facie case,
  the burden is shifted to the Respondent to
  articulate a rationale for the employment
  decision, e.g., the person hired was more
  qualified
• The Complainant is then required to show that the
  reason articulated by the Respondent is a pretext
  for discrimination

18
Disparate Treatment

• A jury is entitled to decide a case if the
  Complainant is able to show a prima facie case of
  disparate treatment
• The jury evaluates the reason articulated by the
  Respondent for the employment decision relative
  to the proof brought by the Complainant that the
  Respondents alleged reasons were just a pretext
  for employment discrimination
• When the Complainant brings a disparate treatment
  case, the Complainant is alleging that the
  Respondent intentionally discriminated against
  the Complainant, based on an illegal criteria,
  namely a protected class

19
Disparate Impact Discrimination

• In disparate impact discrimination, the
  Complainant is alleging that the Respondent is
• using an employment practice
• that has an adverse impact on members of the
  Complainants protected class, and
• the employment practice is not justified by
  business necessity

20
Disparate Impact Discrimination

• In this type of case the Complainant does not
  have to prove that the Respondent intentionally
  discriminated against Complainant based on race
  etc.
• The key to most disparate impact cases is whether
  the screening tool or test is a valid and
  reliable indicator of business performance
• Professionals are often enlisted to develop
  employment tests and other screening tools
• These professionals generally have proof that
  these tests and screening tools are reliable
  instruments to select those who will do well at
  that particular job
• The employer has the burden of proof to
  demonstrate business necessity

21
Mixed Motives

• In much Title VII litigation there is evidence of
  mixed motives in employment decisions
• Respondent/employers used legal and illegal
  criteria in arriving at their decisions
• Legal criteria include objective tests, education
  etc.
• Illegal criteria include racial or gender
  stereotypes, comments made that indicate a
  decision is based on race
• In such cases the Respondent loses unless it can
  be demonstrated that the same employment decision
  would have been made if the illegal criteria was
  not used

22
Workplace Goals

• promote understanding and acceptance, to change
  biased behaviors through education.
• secure equal opportunity and recognize
  contributions of lesbian, gay, bisexual,
  transgender people

23
Workplace Goals

• Create an environment
• where people feel free to talk about their
  relationships and lives, display pictures on
  their desks, and attend work-related social
  functions with their loved ones
• where the families of all employees are viewed
  and treated as important and valuable parts of an
  employees life.
• where the words lesbian, bisexual and transgender
  are everyday language and are not whispered.
• where no one is ashamed of his or her
  orientation, and,
• that does not provoke stress or anxiety about
  being lesbian, gay, bisexual, transgender or any
  other description or label

24
Diversity
Living Diversity is the recognition, acceptance,
appreciation and utilization of all Human
Potential.
25
Iowa Civil Rights Commission
Grimes State Office Building 400 E. 14th
Street Des Moines, Iowa 50319 515-281-4121 800-457
-4416 FAX [phone] http//www.state.ia.us/gove
rnment/crc