• Effective July 1, 2007, the Iowa Civil Rights Act (Iowa Code Chapter 216) was expanded to add sexual orientation and gender identity to the list of protected characteristics. 

1. Brief Historical Walk 2. Review of why this law was needed—and why we need to remind each other3. What it happening around the country4. The law –common misperceptions of some common and not so common problems

History• 80’s –bills introduced; hate crimes laws passed;

HIV/AIDS legislation passed; civil rights protection bill passes House

• 90’s—civil rights protection bill passes Senate

• 2007– Local commissions and local ordinances– Private sector assistance and public support– Policy arguments --research publicized on the

need and value for this protection– Media support-- from conventional and

business press

• A State Civil Rights Policy

• Iowa strives to have a state civil rights policy that is as good as the American dream, so that bigotry and hatred never again steal hope and the future of any Iowan;

• Our civil rights laws lay a framework of legal protections of freedom and equality of opportunity and speak to the humanity in each individual and their right to be treated with respect, dignity and hope;

• Our civil rights laws can increase the image of Iowa as a state that encourages and supports diversity and creativity.

Iowans need to recruit and retain a more diverse, creative workforce to compete in

today’s economy and to survive in tomorrow’s.

• Hiring skilled and talented workers, regardless of their race, gender, religion, disability or sexual orientation, are a key to a healthy Iowa economy.

• Many Iowa businesses have taken a lead in enacting policies to protect GLBT citizens and employees from discrimination.

• There are direct connections between diversity and creative workplaces, including in the high tech industry.

D.M Nears Spot on High Tech List

• 7/3/08 Des Moines Register— almost named a “fast city”

• DM is on the verge of being a high tech hot spot., but ”lack of diversity keeps DM off the list

• Fast Company used 3 criteria in choosing high-tech hot spots:– Technology (14th)– Talent (38th)– Tolerance (109th) (% of foreign born or GLBT

residents and distribution of racial and ethnic minorities; no. of ethnic restaurants)

A fair opportunity for all Iowans and protecting the dignity and safety of Iowans :

• Iowa will receive extra benefits by insuring that Iowa receives the contributions of all Iowans, by removal of barriers from participation in society. 

• But….Our workplaces and communities should be safe, including safe from harassment and discrimination.

• No one will be given a job because of adding SO to the code. No one will be given a free house, or free rent, because of adding SO. No one will be given a pass on illegal conduct because of adding SO.

Iowa has an opportunity to stay ahead of the curve in an increasingly diverse,

globalized society.

• At the time our law passed, 17 states, some 800 towns (about 10 in Iowa), have enacted.. 86% of Fortune 500 have policies in place.

• Diversity in society and in the community are not optional social policies.

• Each day, Iowa becomes more diverse than it was the day before, and more diverse than any other time in its history; Some argue that Iowa will only grow through increased diversity.

Nationwide trends in legislation

• At this point, I believe there are 20 states (plus D.C.) banning sexual orientation discrimination: California, Colorado, Connecticut, D.C., Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Nevada, Rhode Island, Vermont, Washington, Wisconsin, and Oregon (as of 1/1/2008).

Transgendered laws• Thirteen states have trans-inclusive laws re:

discrimination - California, Colorado, D.C., Hawaii, Illinois, Iowa, Maine, Minnesota, New Jersey, New Mexico, Rhode Island, Vermont, Washington, and Oregon (as of 1/1/2008).

• There are also other jurisdictions like New York where the prohibition on sex discrimination has been interpreted as covering transgender individuals as well. In addition, national advocates have argued that disability non-discrimination provisions also provide protections against discrimination against transgender people.

It is now illegal in Iowa to discriminate against a person because of his/her

actual or perceived sexual orientation or gender identity.  The law applies to employers, labor organizations and

employment agencies. Employers may not retaliate against employees for

making a discrimination complaint or taking any other action to oppose

discriminatory conduct.

The law prohibits discrimination in:Recruitment and hiring; job assignments; pay;

leave or benefits; promotion; discipline;

lay-off and firing referrals; training;

retaliation for a civil rights claim; and

harassment

Exceptions• Nothing exceptional about exceptions. Same

as “pre-existing’ exceptions under Chapter 216. Are any employers excluded from the new law?  Yes. Same as under the current law

• The Iowa Civil Rights Act does not apply to employers who regularly employ fewer than 4 individuals, nor ..

• Whose employees work within the home of their employer if the employer resides there at the same time.

In addition..

Exceptions for bona fide religious institutions in certain circumstances.

• 216.6(6). d. Any bona fide religious institution or its educational facility, association, corporation, or society with respect to any qualifications for employment based on religion, sexual orientation, or gender identity when such qualifications are related to a bona fide religious purpose.

A religious qualification for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or religious institution, shall be presumed to be a bona fide occupational qualification.

Dress and Grooming • How can an employer enforce a dress and

groom standard?• Yes. An employer may establish and require an

employee to adhere to reasonable workplace appearance, grooming and dress standards that are directly related to the nature of the employment ; dress codes are not precluded by state or federal law as long as an employer allows an employee to appear, groom and dress consistent with the employee's gender identity.

• What do you have right now, in place?• How is it communicated?• How is it enforced?

Bathrooms Bedrooms/Bars and BenefitsDoes the new law require employers to

eliminate gender-segregated restrooms? No. – It is still legal in Iowa for employers to

maintain gender-segregated restrooms.– The new law does require, however, that

employers permit employees to access those restrooms in accordance with their gender identity, rather than their assigned sex at birth. Transgendered questions have surfaced.

– Bathrooms—still have to provide privacy and security and safety-

Bedrooms/bars or other subjects of historical workplace discussion … continue to be inappropriate

• Still have to prohibit sexual based harassment—no different from current law

• What is meant by “harassment” and “hostile work environment”?

Harassing Conduct: • Unlawful harassment is any verbal, written or physical

conduct that: – is unwelcome to the receiver– based on sexual orientation or gender identity– that creates a hostile or abusive work environment. – In order to have unlawful conduct the conduct must satisfy each of

the three parts of the definition.

• Conduct that is "unwelcome" is conduct that is not "solicited" or "invited" by the receiver.

• Conduct creates a "hostile or abusive work environment" when the conduct, considered as a whole, is sufficiently severe or occurs frequently to interfere with the employee's work performance, affects an employee's employment opportunities, or an employee's compensation.

Harassment—similar to existing policy

– The conduct for harassment based on sexual orientation and gender identity can include: • malicious conduct based on sexual

orientation or gender identity• sexual advances• intentional misuse of gender-specific

pronouns

– The definition of "harassment" has not changed.

– The employment policies, except for the addition of sexual orientation and gender identity, can use the existing policies.

Third Parties and Public Accommodation

Employers should ensure their employees are protected

not only from other supervisors and coworkers, but also from harassment by third parties, such as service users and vendors.

Employers should ensure that employees are aware that their business is also a "public accommodation" under the law and that the business customers/patrons are covered. Employees must understand that they may not harass or discriminate against the customers because of sexual orientation or gender identity.

• Employers can make sure their employees are complying with the law through:– A sound policy– that is effectively enforced– and thorough training on the policy and practices.

Benefits

– Benefits --Must an employer provide equal benefits to GLBT employees? And what kinds of benefits—vacation, family leave,?

– ERISA• ERISA exceptions—state government and

religious employers• Private sector

Current issues

– the impact of the Varnum case -- the case

for marriage equality.

– Addressing the larger community—schools, not just workplaces.

Contact information • Ralph Rosenberg Executive Director –

– Iowa Civil Rights CommissionGrimes State Office Building 400 E. 14th St.Des Moines, IA 50309

Phone: 515 242 6537          fax:  515 242 -5840http://www.state.ia.us/government/crc/

For specific employment related brochure—go to

• http://www.state.ia.us/government/crc/docs/EmploymentPamphlet.pdf